Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch

CANON 3

A STAFF ATTORNEY OR LAW CLERK SHOULD PERFORM THE DUTIES OF HIS OFFICE IMPARTIALLY AND DILIGENTLY

The official duties of a staff attorney or law clerk take precedence over all his other activities. His official duties include all the duties of his office assigned by the employing court. In the performance of these duties the following standards apply:

A. A staff attorney or law clerk shall respect and comply with the law and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary and of his office.

B. A staff attorney or law clerk shall be faithful to the highest standards of his profession and maintain professional competence in it. He should be patient, dignified, courteous, and fair to all persons with whom he deals in his official capacity and should expect similar conduct of others subject to his direction and control. He should diligently discharge the responsibilities of his office in an efficient, fairminded, and professional manner.

C. A staff attorney or law clerk should avoid any favoritism, unfairness, or nepotism in connection with the hiring, discharge, or treatment of subordinates.

D. A staff attorney or law clerk should never perform any discretionary or ministerial function, including the assignment of cases, in a manner which improperly favors any litigant or attorney, nor should he imply that he is in a position to do so.

E. A staff attorney or law clerk shall disqualify himself in a matter in which his impartiality might reasonably be questioned, including but not limited to instances where:

(1) he has a personal bias or prejudice concerning the matter;

(2) he served as a lawyer in the matter in controversy; or a lawyer with whom he previously was associated in private practice, either as lawyer or law clerk, served during such association as a lawyer concerning the matter;

(3) he, or a relative by blood or marriage, is known to have an interest that could be substantially affected by the outcome of the proceeding;

(4) he is related by blood or marriage to a party to the proceeding, or to an officer, director, or trustee of a party, or to a lawyer in the proceeding.