Judicial Duality: Can Judges Practice Law In South Carolina?

In South Carolina, the Supreme Court has the power to regulate the practice of law, including determining the qualifications for admission to the bar and disciplining, suspending, and disbarring attorneys at law. To be eligible to practice law in the state, an individual must be enrolled as a member of the South Carolina Bar or otherwise authorized by the Supreme Court. This requirement extends to lawyers admitted in other jurisdictions who wish to practice law in South Carolina on a temporary basis. South Carolina also has specific rules and requirements for judges, including continuing legal education requirements to maintain their competency.

South Carolina Bar membership

To become a member of the South Carolina Bar, one must meet the qualifications and requirements set by the Supreme Court. These requirements include completing specific educational credentials and passing the bar exam. Additionally, members must adhere to a code of ethics governing their professional conduct.

Maintaining South Carolina Bar membership requires complying with continuing legal education (CLE) requirements. Newly admitted members must complete an Essentials Series course, in addition to satisfying annual MCLE requirements, within their first required CLE reporting year. SC Bar members with limited certificates of admission must also file annual CLE compliance reports, demonstrating that they have met the requirements set by the South Carolina Appellate Court Rules (SCACR).

The rules governing the practice of law in South Carolina also address the unauthorized practice of law. It is a felony for an individual to practice law or solicit legal services without being enrolled as a member of the South Carolina Bar, unless otherwise authorized by the Supreme Court. This regulation ensures that only qualified individuals provide legal services to the public.

Additionally, rules are in place for lawyers admitted in other jurisdictions who wish to provide legal services in South Carolina on a temporary basis. These lawyers must be in good standing and may need to associate with a lawyer admitted to practice in South Carolina. They must also ensure they do not establish a systematic and continuous presence in the state for the practice of law without proper admission.

Supreme Court's role

The Supreme Court of South Carolina is the highest court in the state. It is composed of a Chief Justice and four Associate Justices, who are elected to ten-year terms by the General Assembly. The Chief Justice serves as the administrative head of the Unified Judicial System, overseeing the operation of South Carolina courts at all levels, as well as Judicial Branch operations and all Court boards, commissions, and committees.

The Supreme Court has both appellate and original jurisdiction. In its appellate capacity, the Court has exclusive jurisdiction to hear appeals from the circuit court, including sentences of death, decisions of the Public Service Commission, judgments involving constitutional challenges to state statutes or local ordinances, judgments of the circuit court involving public bonded indebtedness, elections, and orders limiting the investigation by a State Grand Jury, and orders of the family court relating to abortions by minors. The Court also has the power to certify an appeal pending before the Court of Appeals for decision by the Supreme Court.

In its original jurisdiction, the Supreme Court may allow actions to be commenced in the Supreme Court and may issue mandamus, certiorari, and other extraordinary writs. This typically occurs when a case involves significant public interest or unusual circumstances. The Court can also answer questions of law certified to it by the highest court of another state or a federal court.

The Supreme Court also has the power to regulate the practice of law in South Carolina, including defining and regulating the practice, determining the qualifications and requirements for admission to the practice of law, and prescribing a code of ethics governing the professional conduct of attorneys. The Court oversees the admission of individuals to practice law in the state, with much of the administration delegated to the South Carolina Bar, an administrative arm of the Court. The Court also supervises the disciplining and suspension of attorneys, including those no longer able to practice due to mental or physical conditions.

Unauthorized practice of law

In South Carolina, the unauthorized practice of law is defined as practicing law or soliciting the legal cause of another person or entity without being enrolled as a member of the South Carolina Bar. The South Carolina Code §40-5-350 outlines the regulations regarding the practice of law in the state.

According to the code, the Supreme Court has the authority to define and regulate the practice of law, determine the qualifications and requirements for admission, prescribe a code of ethics for attorneys, discipline and disbar attorneys, and establish the South Carolina State Bar. The State Board of Law Examiners, appointed by the Supreme Court, assists in these duties and is composed of active members of the South Carolina Bar.

The unauthorized practice of law is a serious offence in South Carolina, and those found guilty may face fines of up to $5,000, imprisonment for up to five years, or both. The definition of the practice of law can vary between jurisdictions, but it generally refers to the provision of legal services or advice, representation in legal proceedings, and the preparation of legal documents.

In South Carolina, a lawyer admitted in another jurisdiction may provide legal services on a temporary basis if they are associated with a lawyer admitted to practice in the state and if the services are related to a pending or potential proceeding or alternative dispute resolution. However, establishing an office or systematic presence in the state without admission to the South Carolina Bar would constitute unauthorized practice.

It is important to note that the rules and regulations regarding the unauthorized practice of law can be complex and may vary between jurisdictions. Therefore, it is always advisable to seek guidance from a qualified legal professional or the relevant regulatory body in South Carolina for the most accurate and up-to-date information.

Temporary practice by out-of-state lawyers

In South Carolina, no person may practice law or solicit the legal cause of another person or entity unless they are enrolled as a member of the South Carolina Bar or are otherwise authorized to perform prescribed legal activities by the action of the Supreme Court of South Carolina. The Supreme Court may prescribe, adopt, promulgate, and amend rules and regulations defining and regulating the practice of law, determining the qualifications and requirements for admission to the practice of law, and prescribing a code of ethics governing the professional conduct of attorneys at law.

The South Carolina Judicial Branch's Rule 5.5 outlines the circumstances in which a lawyer admitted to practice in another US jurisdiction may provide legal services on a temporary basis in the state. This includes situations where the lawyer:

• Is not debarred, disbarred, or suspended from practice in any jurisdiction;
• Provides legal services in association with a lawyer who is admitted to practice in South Carolina and who actively participates in the matter;
• Appears before a tribunal or agency pursuant to authority granted by formal rules governing admission pro hac vice or informal practice of the tribunal or agency;
• Engages in conduct in anticipation of a proceeding or hearing in a jurisdiction where they are authorized to practice law or reasonably expect to be admitted pro hac vice;
• Provides services that are reasonably related to a pending or potential proceeding or alternative dispute resolution proceeding in this or another jurisdiction, and are authorized by law or order to appear in such proceedings.

The rule also notes that services may be considered "temporary" even if provided on a recurring basis or for an extended period, such as during a single lengthy negotiation or litigation.

Continuing legal education requirements

The South Carolina Commission on Continuing Legal Education and Specialization administers the MCLE program. The Commission is an agency of the Supreme Court of South Carolina, with 12 members appointed by the Court. The Commission includes representatives from the South Carolina judiciary, such as a member of the Supreme Court or the Court of Appeals, a circuit court judge, a family court judge, and practicing attorneys from the four judicial regions.

The first reporting period for newly admitted members begins on March 1 after they are admitted to practice law in South Carolina and ends on the last day of February the following year. This period serves as an exemption from CLE requirements. Before the end of their first reporting year, newly admitted members must complete an "Essentials Series" course, unless they are active military duty members. The course can be taken in-person in Columbia or online for members living and practicing outside of South Carolina.

Experienced attorneys can fulfill their CLE requirement by completing courses approved and accredited by the South Carolina Commission on Continuing Legal Education and Specialization. Attorneys can carry over 14 CLE credits to the next compliance year, with a maximum of 2 credits in legal ethics and professional responsibility. Substance Abuse/Mental Health credits and credits for alternative programs do not carry over. Attorneys can earn up to 8 hours of their CLE requirements through alternative delivery courses.

Each active member of the South Carolina Bar must complete a minimum of 14 hours of accredited CLE each calendar year, with at least 2 hours devoted to legal ethics/professional responsibility (LEPR). LEPR includes instruction on the Rules of Professional Conduct, malpractice avoidance, lawyer fees, legal ethics, and the duties of lawyers to various entities. Members must also complete 1 CLE credit in Substance Abuse/Mental Health every two years.

In addition, foreign legal consultants must attend at least 2 hours of approved CLE courses devoted to LEPR each reporting year. Active members of the South Carolina Bar who are at least 60 years old and have practiced law for 30 or more years are exempt from CLE requirements.

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