Ask the lawyer if the lawyer will use e(1) and e(2):
https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=407.0&subRuleID=RULE%201%2E15&ruleType=APP
(e)(1) When in the course of representation a lawyer is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute. Disputed property shall be kept separate until one of the following occurs:
(i) the parties reach an agreement on the distribution of the property;
(ii) a court order resolves the competing claims; or
(iii) distribution is allowed under paragraph (e)(2) of this Rule.
(2) Where competing claims to property in the possession of a lawyer are between a client and a third party and disbursement to the client is not otherwise prohibited by law or court order, the lawyer may provide written notice to the third party of the lawyer’s intent to distribute the property to the client, as follows:
(i) The notice must inform the third party that the lawyer may distribute the property to the client unless the third party files a civil action and provides the lawyer with written notice and a copy of the filed action within 90 calendar days of the date of service of the lawyer’s notice. The lawyer’s notice shall be served on the third party in the manner provided under Rules 4(c) and (d) of the South Carolina Rules of Civil Procedure.
(ii) If the lawyer does not receive written notice of the filing of a civil action from the third party within the 90-day period, the lawyer may distribute the property to the client after consulting with the client regarding the advantages and disadvantages of disbursement of the disputed property and obtaining the client’s informed consent to the distribution, confirmed in writing.
(iii) If the lawyer is notified in writing of a civil action filed within the 90-day period, the lawyer shall continue to hold the property in accordance with paragraph (e)(1) of this Rule unless and until the parties reach an agreement on distribution of the property or a court resolves the matter.
(iv) Nothing in this rule is intended to alter a third party’s substantive rights.
Posted by: Byron King on 03/6/24 (This information is only accurate as of 03/06/24. You must contact SCR for updates and changes to this information after 03/06/24 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.