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South Carolina
JUDICIAL DEPARTMENT
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2010-06-01-01

The Supreme Court of South Carolina

RE:  Amendments to Rules for Lawyer Disciplinary Enforcement 


ORDER



Pursuant to Article V, § 4 of the South Carolina Constitution, Rules 17(e) and Rule 31(a) of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR) are amended as indicated in the attachment to this order. These amendments shall be effective immediately.

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

s/John W. Kittredge                           J.

s/Kaye G. Hearn                                 J.

Columbia, South Carolina
June 1, 2010


AMENDMENTS TO THE RULES FOR LAWYER
 DISCIPLINARY ENFORCEMENT (RLDE)

 

(1) Rule 17(e), RLDE, is amended to read:

(e) Order to be Public. The order of interim suspension or transfer to incapacity inactive status shall be public.  Unless the Supreme Court determines that it is appropriate to do so, an order transferring a lawyer to incapacity inactive status shall not disclose the nature of the incapacity.

(2) The title and subsection (a) of Rule 31, RLDE, are amended to read:

RULE 31
APPOINTMENT OF ATTORNEY

 TO PROTECT CLIENTS' INTERESTS

(a) Appointment of Attorney.  If a lawyer has been transferred to incapacity inactive status, has disappeared or died, or has been suspended or disbarred, and no partner, personal representative or other responsible party capable of conducting the lawyer's affairs is known to exist, disciplinary counsel shall petition the Supreme Court for an order appointing an attorney or attorneys to inventory the files of the inactive, disappeared, deceased, suspended or disbarred lawyer and to take action as appropriate to protect the interests of the lawyer and the lawyer's clients.  If the Supreme Court determines that a lawyer suffers from a physical or mental condition that adversely affects the lawyer's ability to practice law but decides that a transfer to incapacity inactive status is not warranted, it may appoint an attorney to protect clients' interests.  The order of appointment shall be public.