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South Carolina
JUDICIAL DEPARTMENT
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2009-09-21-01
The Supreme Court of South Carolina

The Supreme Court of South Carolina

RE:   Amendments to Rules Governing Limited Certificates to Practice Law


ORDER


 Pursuant to Article V, § 4, of the South Carolina Constitution, the South Carolina Appellate Court Rules are amended as follows:

(1)  Rule 405(g), SCACR, is amended by adding the following to the end of that provision:

 If an attorney granted a limited certificate engages in the practice of law in excess of that permitted by this rule, the attorney may be subject to discipline under Rule 413, SCACR, suspension or revocation of the limited certificate by the Supreme Court, or being held in contempt of the Supreme Court for engaging in the unauthorized practice of law.

(2) Rule 405(h) and (i), SCACR, are amended to read:

(h) The limited certificate of admission to practice law shall expire if the attorney ceases to be an employee of the business employer, is otherwise admitted to the Bar of this State, fails to fulfill the obligations required of active members of the South Carolina Bar, is suspended or disbarred from the practice of law in this or any other jurisdiction, or fails at any time to be a member of the bar in good standing before the highest court of at least one other state or the District of Columbia.

(i) Upon the expiration of the limited certificate of admission to practice law, the attorney shall immediately surrender the certificate to the Clerk of the Supreme Court. The failure to immediately surrender the certificate upon expiration may subject the attorney to discipline under Rule 413, SCACR, or to being held in contempt of the Supreme Court.

(3) Rule 414(e), SCACR, is amended by adding the following to the end of that provision:

If an attorney granted a limited certificate engages in the practice of law in excess of that permitted by this rule, the attorney may be subject to discipline under Rule 413, SCACR, a suspension or revocation of the limited certificate by the Supreme Court, or being held in contempt of the Supreme Court for engaging in the unauthorized practice of law.

(4) Rule 414(f), SCACR, is amended to read:

(f) The limited certificate of admission to practice law shall expire if the attorney ceases to meet the requirements of (b)(1)-(3) above, is otherwise admitted to the Bar of this State, fails to fulfill the obligations required of active members of the South Carolina Bar,  is suspended or disbarred from the practice of law in this or any other jurisdiction, or fails at any time to be a member of the bar in good standing before the highest court of at least one other state or the District of Columbia.

(5) Rule 414(g), SCACR, is amended to read:

(g) Upon the expiration of the limited certificate of admission to practice law, the attorney shall immediately surrender the certificate to the Clerk of the Supreme Court. The failure to immediately surrender the certificate upon expiration may subject the attorney to discipline under Rule 413, SCACR, or to being held in contempt of the Supreme Court.

(6)  Rule 415(e)-(g), SCACR, are renumbered as Rule 415(f)-(h).

(7)  The following is added as Rule 415(e), SCACR:

(e) If an attorney granted a limited certificate of practice engages in the practice of law in excess of that permitted by this rule, the attorney may be subject to discipline under Rule 413, SCACR, a suspension or revocation of the limited certificate by the Supreme Court, or being held in contempt of the Supreme Court for engaging in the unauthorized practice of law.

These amendments are effective immediately. 

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/John H. Waller, Jr.                           J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

s/John W. Kittredge                           J.

Columbia, South Carolina
September 16, 2009