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The Supreme Court of South Carolina
RE: Amendments to South Carolina Appellate Court Rules
ORDER
Pursuant to Article V, § 4, of the South Carolina Constitution, Rules 405, 409, 410, 414, 415, 419 and 424 of the South Carolina Appellate Court Rules are amended to read as shown in the attachments to this order. These amendments shall be effective January 1, 2013.
These amendments shall govern the license fees for lawyers and foreign legal consultants that are due on January 1, 2013. The Attorney Information System shall incorporate the class and status for each attorney or foreign legal consultant as established under these amendments so that this information may be used by the South Carolina Bar when it creates the license fee statements for 2013.
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
May 7, 2012
RULE 405
LIMITED CERTIFICATE OF ADMISSION FOR IN-HOUSE COUNSEL
(a) Qualifications for Admission. The Supreme Court may issue a limited certificate of admission to practice law in South Carolina to any person who:
(1) is at least twenty-one (21) years of age;
(2) is a person of good moral character;
(3) has received a JD or LLB degree from a law school which was approved by the Council of Legal Education of the American Bar Association at the time the degree was conferred;
(4) has been admitted to practice law in the highest court of another state or the District of Columbia;
(5) is a member in good standing in each jurisdiction where he is admitted to practice law;
(6) has not been disbarred or suspended from the practice of law and is not the subject of any pending disciplinary proceeding in any other jurisdiction;
(7) is employed in the legal department or under the supervision of the legal department of a corporation, company, partnership, or association (business employer) which does not provide legal services in South Carolina to the public or its employees. If not a South Carolina corporation, company, partnership or association, the business employer must be qualified or otherwise lawfully engaged in business in South Carolina;
(8) performs most of his duties for the business employer in South Carolina and has his principal office in South Carolina; and
(9) provides legal services in South Carolina solely for the business employer or the parent or subsidiary of such employer.
(b) Application. An attorney desiring a limited certificate of admission to practice law shall file with the Clerk of the Supreme Court an application in duplicate on a form prescribed by the Supreme Court. The application shall be accompanied by a certificate of good standing from each jurisdiction in which the attorney has been admitted to practice law, a non-refundable application fee of $400 and a statement signed by a representative of the attorney's business employer stating that the attorney and the business employer meet the requirements of subsections (a)(7) to (9) above.
(c) Reference to the Committee on Character and Fitness. Any questions concerning the fitness or qualifications of an attorney applying for a limited certificate of admission to practice law may be referred by the Court to the Committee on Character and Fitness for a hearing and recommendation.
(d) Confidentiality. The confidentiality provisions of Rule 402(n), SCACR, shall apply to all files and records of the Board of Law Examiners, the Committee on Character and Fitness, and the Clerk of the Supreme Court relating to an application for a limited certificate to practice law under this rule.
(e) Scope of Practice. An attorney issued a limited certificate of admission to practice law may represent his employer:
(1) before any State agency in an administrative proceeding if authorized by the agency's regulations;
(2) before the magistrate's court in civil proceedings upon presentation of a copy of the certificate to the court;
(3) before any other South Carolina court or tribunal only if:
(A) he associates as co-counsel a member of the South Carolina Bar licensed under Rule 402. The associated attorney shall be present at all trials, hearings, depositions, and other proceedings, and shall be required to sign all pleadings, motions, and other documents required to be signed by an attorney; and
(B) a copy of the certificate is presented to the court or other tribunal.
(f) Certain Activities Permitted. An attorney granted a limited certificate of admission to practice law is not prevented from appearing in any matter pro se or from fulfilling the duties of a member of the reserve components of the armed forces or the National Guard.
(g) Rights and Obligations. The performance of legal services in this State by an attorney issued a limited certificate of admission to practice law shall be deemed the active engagement in the practice of law and shall subject the attorney to all duties and obligations of regular members of the South Carolina Bar and to all rules on the practice of law, including the Rules of Professional Conduct, Rule 407, SCACR, the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR. The attorney shall pay the fee specified by Rule 410, SCACR, and shall be subject to suspension under Rule 419, SCACR, for failing to pay those license fees or for failing to comply with continuing legal education requirements.
(h) Unauthorized Practice. 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 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.
(i) Misconduct and Incapacity. Except as otherwise provided in this rule, the procedures provided by Rule 413, SCACR, shall be used for resolving allegations that the attorney has committed ethical misconduct or suffers from a physical or mental condition which adversely affects the attorney's ability to practice law. If, however, the Supreme Court imposes a definite suspension or disbarment, or transfers the attorney to incapacity inactive status, the limited certificate shall be terminated as provided below. Unless otherwise ordered by the Court, the attorney may not seek to be readmitted as an attorney under this rule or any other rule until the period of suspension has expired or, in the case of disbarment, until five years after the date of the opinion or order imposing the disbarment.
(j) Termination of Certificate. The limited certificate of admission to practice law shall terminate if:
(1) The limited certificate is revoked by the Supreme Court under (h) above.
(2) The attorney is admitted to practice law in South Carolina under Rule 402, SCACR, or is granted another limited certificate of admission to practice law under this or any other rule, or is licensed as a foreign legal consultant under Rule 424, SCACR.
(3) The attorney is suspended or disbarred in this or any other jurisdiction. This does not include interim suspensions under Rule 17 of the Rules for Lawyer Disciplinary Enforcement contained in Rule 413, SCACR, or a similar rule in another jurisdiction. For an administrative suspension under Rule 419, SCACR, the attorney may seek reinstatement as provided in that rule.
(4) The attorney 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) The attorney ceases to be an employee of the business employer.
(k) Resignation. Any request by an attorney licensed under this rule shall be processed as provided by Rule 409, SCACR.
(l) Surrender of Certificate. Upon the termination of the limited certificate of admission to practice law or the acceptance of a resignation, the attorney shall immediately surrender the certificate to the Clerk of the Supreme Court. The failure to immediately surrender the certificate upon termination or the acceptance of a resignation may subject the attorney to discipline under Rule 413, SCACR, or to being held in contempt of the Supreme Court.
(m) Eligibility to Provide Pro Bono Legal Services. An attorney granted a limited certificate to practice law under this Rule may, subject to the limitations contained in section (n) below, provide pro bonolegal services if the attorney:
(1) is associated with an approved legal services organization which receives, or is eligible to receive, funds from the Legal Services Corporation or is working on a case or project through the South Carolina Bar Pro Bono Program;
(2) performs all activities authorized by this Rule under the supervision of an attorney (Supervising Attorney) who is a regular member of the South Carolina Bar employed by, or participating as a volunteer for, the legal services organization or the South Carolina Bar Pro Bono Program and who assumes professional responsibility for the conduct of the matter, litigation, or administrative proceeding in which the attorney participates; and
(3) neither asks for nor receives compensation of any kind for the legal services provided to the client.
(n) Authorized Pro Bono Legal Services. In representing a client through an approved legal services organization or the South Carolina Bar Pro Bono Program, the attorney may:
(1) appear in any court or before any tribunal in this State if the client consents, in writing, to that appearance and the Supervising Attorney has given written approval for the appearance. The written consent and approval must be filed with the court or tribunal and must be brought to the attention of the judge or presiding officer prior to the appearance;
(2) prepare pleadings and other documents to be filed in any court or before any tribunal in this State on behalf of the client. Such pleadings shall also be signed by the Supervising Attorney; and
(3) otherwise engage in the practice of law as is necessary for the representation of the client.
(o) Conduct Prior to December 31, 1989. Notwithstanding any other provision of this Rule, the performance of legal services in this State solely for the corporation, company, partnership, or association prior to December 31, 1989, shall be deemed to have been the authorized practice of law in this State for all purposes if, at the time of the performance of the legal services, the attorney met the requirements of section (a) above.
RULE 409
RESIGNATION OF LAWYERS AND FOREIGN LEGAL CONSULTANTS
Any request by a person licensed under Rules 402, 405, 414, 415 or 424, SCACR, to resign shall be submitted in writing to the Supreme Court of South Carolina. This request shall contain a statement by the person acknowledging that if the resignation is accepted, the person will have to fully comply with all conditions of admission or licensing if that person should ever again seek to be admitted or licensed, including taking the South Carolina Bar Examination, if applicable. The request shall be referred by the Supreme Court to the Commission on Lawyer Conduct for a recommendation as to the propriety of accepting the resignation. The Court shall take such action on the resignation as it deems proper.
RULE 410
SOUTH CAROLINA BAR
(a) Name. There is hereby created and established an organization to be known as the South Carolina Bar.
(b) Purposes. The purposes of the organization shall be to uphold and defend the Constitution of the United States and the Constitution of the State of South Carolina; to protect, and maintain respect for, representative government; to continually improve the administration of justice throughout the State; to require the highest standards of ethical and professional conduct, and uphold the integrity and honor of the legal profession; to advance the science of jurisprudence; to promote consistent high quality of legal education and legal services to the public; to apply the knowledge, experience and ability of the legal profession to the promotion of the public good; to encourage goodwill and respect for integrity and excellence in public service among the members of the legal profession and the public; to perform any additional purposes and duties assigned to it by the Supreme Court of South Carolina; and to promote and correlate such policies and activities of the Bar as fall within these purposes in the interest of the legal profession and the public.
(c) Duties and Powers. The duties of the South Carolina Bar shall be to faithfully carry out its stated purposes as set forth in this rule as may be amended from time to time, with the powers as shall be reasonably necessary and proper for the carrying out of these purposes, including the power to adopt, and amend as necessary, the Bylaws by which it shall be governed, to recommend amendments or additions to this rule and to the Constitution approved by this Court, and to recommend changes in the license fees to be charged the members thereof.
(d) Membership. Except as otherwise provided in the rules of this Court, no person shall engage in the practice of law in the State of South Carolina who is not licensed by this Court and a member in good standing of the South Carolina Bar. Further, no person shall be a member of the South Carolina Bar who has not been licensed to practice law by this Court.
(e) Attorney Information System (AIS). The AIS is a web-based system developed by the South Carolina Judicial Department to maintain and update information regarding members of the South Carolina Bar. Members use this system, which is accessed using a user name and password, to verify and update their contact information, and view their membership class and status. The mailing and e-mail address shown in the AIS shall be used for the purpose of notifying and serving the member.
(f) Enrollment of Members and Duties Upon Enrollment. Every person admitted to the practice of law in South Carolina shall be added to the AIS immediately upon their admission. The Clerk of the Supreme Court is authorized to release information from the admissions/application records as necessary to populate the data fields in the AIS. Each new member shall verify and update their information in the AIS within five (5) days of being admitted or licensed. Additionally, the South Carolina Bar may require a new member to provide additional information on a form provided by the South Carolina Bar.
(g) Duty of Members to Verify and Update the AIS. Persons admitted to practice law in South Carolina shall have a continuing duty to verify and update their information contained in the AIS, and must ensure that the AIS information is current and accurate at all times. At a minimum, the contact information listed on the AIS must include a mailing address, an e-mail address and a telephone number. Members must update their contact information within five (5) days of any change. Additionally, members must verify and update all of their information prior to paying their bar license fees every year. For those fields that the member cannot correct or update using the AIS, the member will make and submit a discrepancy report on the AIS so that the matter can be resolved. Members who have resigned, been disbarred or suspended, or whose admission or license has otherwise been terminated, and who do not intend to ever seek reinstatement or readmission, are not required to update their information.
(h) Membership Classes. The membership classes within the South Carolina Bar shall be as follows:
(1) Persons Admitted Under Rule 402, SCACR. All persons who have been admitted to practice law under Rule 402 (or its predecessor rule) shall be divided into the following membership classes:
(A) Regular Member. Any member who does not fall within any other class of membership.
(B) Inactive Member. Any regular member who has elected to become an inactive member. Except as provided in section (q) below, an inactive member may not engage in the practice of law in South Carolina. If an inactive member has been engaged in the practice of a law in this or any other jurisdiction within the last twelve months, the inactive member may become a regular member by paying the fee specified in section (o) below if that member is current on mandatory continuing legal education requirements in that jurisdiction. Otherwise, the inactive member may only become a regular member by paying the fee specified in section (o) below and providing proof that the inactive attorney has completed the continuing legal education requirements of a regular member under Rule 408, SCACR, within the last twelve months.
(C) Judicial Member. This class shall include any member who:
(i) Is a full-time judge for a South Carolina court.
(ii) Was a member under (i) above, but has retired as a judge under a state or local retirement system, and has not engaged in the practice of law since retirement or elected to practice law under S.C. Code Ann. § 9-8-120.
(iii) Is a judge of a federal court (including those in senior status).
For the purpose of this rule, the term judge shall include a judge, justice, master-in-equity or magistrate.
(D) Judicial Staff Member. Any member who is a law clerk, staff attorney or other attorney employed full-time by:
(i) the South Carolina Judicial Department, or any court or judge within the South Carolina unified judicial system.
(ii) the United States District Court for the District of South Carolina, the United States Court of Appeals for the Fourth Circuit or the Supreme Court of the United States.
(E) Military Member. Any member who is serving on active duty with the Armed Forces of the United States for six months or more, including members of the National Guard and other reserve components, and elects to become a military member. Military members may not engage in the practice of law in South Carolina outside of their duties in the Armed Forces of the United States.
(F) Administrative Law Judge Member. This class shall include any member who is a judge on the South Carolina Administrative Law Court or is a federal administrative law judge whose duties are primarily performed within the State of South Carolina.
(G) Retired Member. Any member who has elected to retire due to age, serious illness, or total and permanent disability. To be eligible for retired membership by reason of age, a member shall have attained age sixty-five or more; provided, however, that a member may elect to retire at the start of the license year in which the member will turn sixty-five years of age. Except as provided in section (q) below, a retired member may not engage in the practice of law in South Carolina. After being in this status for more than two years, the member may not become a regular member without completing fourteen hours of continuing legal education, including two hours on legal ethics and professional responsibility.
(2) Limited Member. Any person who holds a limited certificate of admission to practice law in South Carolina. A person may hold only one limited certificate. Limited Members shall be further divided into the following subclasses:
(A) Limited Member - Rule 405 (Limited Certificate of Admission for In-House Counsel). Any person who holds a limited certificate under Rule 405, SCACR.
(B) Limited Member - Rule 414 (Limited Certificate of Admission for Clinical Law Program Teachers). Any person who holds a limited certificate under Rule 414, SCACR.
(C) Limited Member - Rule 415 (Limited Certificate of Admission for Retired and Inactive Attorney Pro Bono Participation Program). Any person who holds a limited certificate under Rule 415, SCACR.
(i) Status. In addition to having a membership class, each member or former member of the South Carolina Bar shall have a status as set forth below. A member who is deceased shall maintain the status that the member held on the date of death.
(1) Status of Persons Admitted Under Rule 402, SCACR.
(A) Good Standing. A member who does not have any other status listed below.
(B) Resigned. A member whose resignation has been accepted by the Supreme Court under Rule 409, SCACR. Members in this status do not pay license fees.
(C) Not in Good Standing. A member is not in good standing if:
(i) The member is administratively suspended under Rule 419, SCACR.
(ii) The member's membership is administratively terminated under Rule 419, SCACR.
(iii) The member is suspended under Rule 413, SCACR. This includes interim suspensions.
(iv) The member is on incapacity inactive status under Rule 413, SCACR. This includes interim suspensions based on incapacity.(v) The member is disbarred under Rule 413, SCACR.
(vi) The member's admission has been vacated under Rule 402(h) or (i)(8), SCACR.
(2) Status of Limited Members.
(A) Good Standing. A limited member who does not have one of the statuses listed below.
(B) Resigned. A limited member whose resignation has been accepted by the Supreme Court under Rule 409, SCACR.
(C) Certificate Not Currently Valid. A limited member who is on interim suspension under Rule 413, SCACR, including an interim suspension for incapacity, or whose certificate is terminated for any of the reasons stated in Rule 405, 414 or 415, as applicable.
(j) License Fees. The membership year shall be the calendar year. By January 1st, each member who is in good standing (other than deceased members) shall pay the South Carolina Bar the fees specified in this section and in section (k) below. All income and assets shall be handled separately by the South Carolina Bar, as prescribed in its Constitution and Bylaws. For the purpose of this rule, the term "license fee" shall include any assessment under Rule 411, SCACR.
(1) Regular Member. The license fee for a regular member who has been admitted to practice law in this State or any other jurisdiction for less than three years shall be $175. The license fee for all other regular members shall be $245. In addition, the license fee of a regular member shall include the Lawyer's Fund for Client Protection assessment specified by Rule 411, SCACR. Finally, each regular member shall pay $30 which shall be designated for meeting the civil legal needs of indigents as directed by the Board of Governors of the Bar, but any member may deduct this fee before remitting payment.
(2) Inactive Member. The license fee shall be $175.
(3) Judicial Member. The license fee shall be $175.
(4) Judicial Staff Member. The license fee shall be $175.
(5) Military Member. The license fee for a military member shall be $175. This fee shall be waived during a time of war declared by the Congress of the United States and, upon written request, shall be waived when the member is serving on active duty in an area designated as a combat zone by the President of the United States.
(6) Administrative Law Judge Member. The license fee shall be $175.
(7) Retired Member. No fee is required.
(8) Limited Member. No fee shall be required for a person holding a limited certificate under Rule 415 (Limited Certificate of Admission for Retired and Inactive Attorney Pro Bono Participation Program), SCACR. The license fee for all other persons holding a limited certificate shall be $245.
(k) Additional License Fee to Support Lawyer and Judicial Disciplinary Functions. Members in good standing (other than deceased members) shall also pay an additional fee which shall be placed in a separate account by the South Carolina Bar and shall be disbursed as directed by the Supreme Court to help defray the costs of operating the Commission on Judicial Conduct, the Commission on Lawyer Conduct, and the Office of Disciplinary Counsel.
(1) Regular Member. The additional license fee for a regular member who has been admitted to practice law in this State or any other jurisdiction for less than three years shall be $20. The additional license fee for all other regular members shall be $50.
(2) Inactive Member. The additional license fee shall be $20.(3) Judicial Member. The additional license fee shall be $50.
(4) Judicial Staff Member. The additional license fee shall be $50.
(5) Military Member. The additional license fee for a military member shall be $20. This fee, upon written request, shall be waived during a time of war declared by the Congress of the United States and, upon written request, shall be waived when the member is serving on active duty in an area designated as a combat zone by the President of the United States.
(6) Administrative Law Judge Member. The additional license fee shall be $50.
(7) Retired Member. No fee is required.
(8) Limited Member. No fee shall be required for a person holding a limited certificate under Rule 415 (Limited Certificate of Admission for Retired and Inactive Attorney Pro Bono Participation Program), SCACR. The additional license fee for a person holding a limited certificate under Rules 405 (Limited Certificate of Admission for In-House Counsel) and 414 (Limited Certificate of Admission for Clinical Law Program Teachers), SCACR, shall be $20.
(l) Foreign Legal Consultants.
(1) Duty to Verify and Update the AIS. While not members of the South Carolina Bar, persons who are licensed as foreign legal consultants under Rule 424, SCACR, shall be added to the AIS immediately upon their licensing, and the Clerk of the Supreme Court is authorized to release information from the admissions/application records as necessary to populate the data fields in the AIS. Foreign legal consultants shall have the same duty to update and verify their information on the AIS as specified for members under (f) and (g) above.
(2) License Fees. Foreign Legal Consultants who are in good standing (other than deceased consultants) shall pay a license fee of $295 to the South Carolina Bar by January 1st. Fifty dollars of this fee shall be placed in the separate account referenced in (k) above to be disbursed as directed by the Supreme Court to help defray the costs of operating the Commission on Judicial Conduct, the Commission on Lawyer Conduct, and the Office of Disciplinary Counsel.
(3) Status. A foreign legal consultant shall have a status as indicated below. A foreign legal consultant who is deceased shall maintain the status that the member held on the date of death.
(A) Good Standing. Any foreign legal consultant who does not have any other status listed below.
(B) Resigned. A foreign legal consultant whose resignation has been accepted by the Supreme Court.
(C) License Not Currently Valid. A foreign legal consultant who is on interim suspension under Rule 413, SCACR, including an interim suspension for incapacity, or whose license has been terminated for any of the reasons stated in Rule 424, SCACR.
(m) Penalty for Late Payment. If a member or foreign legal consultant fails to pay the license fees by January 31st, the fees shall be increased by fifty (50) percent.
(n) License Fees For New Admittees or Licensees. Persons admitted or licensed before July 1 of any calendar year, must pay one half of the license fee by July 1st of that year. Persons admitted or licensed on or after July 1st of any calendar year, will pay no license fee for that year. For the purpose of this section, a person who is admitted under Rule 402, SCACR, shall be treated as a new admittee even if the person previously held a limited certificate to practice law or was licensed as a foreign legal consultant.
(o) License Fees Due Upon a Change in Membership Class. A member admitted under Rule 402, SCACR, who transfers from being an inactive member to being a regular member must pay the difference in the license fee for that year regardless of when the change occurs. Except as provided in section (n) above, no other change in membership class within a license year shall require the payment of any additional fee. No refund shall be provided based on a change in membership class.
(p) Return to Good Standing. A member or foreign legal consultant who is not in good standing is not obligated to pay license fees. If that person desires to return to good standing, the member must, in addition to any other requirement of reinstatement or readmission, pay the license fees for the year in which the member desires to be reinstated or readmitted if the fees have not already been paid for that year. If the member was suspended for non-payment of license fees, the member must also pay the delinquent fees and penalties which caused that suspension. Proof that these fees have been paid to the South Carolina Bar must accompany any petition for reinstatement or readmission.
(q) Pro Bono Participation by Inactive and Retired Members. An inactive or retired member as defined in section (h) above may provide pro bono legal services if:
(1) the member is associated with an approved legal services organization which receives, or is eligible to receive, funds from the Legal Services Corporation or is working on a case or project through the South Carolina Bar Pro Bono Program;
(2) performs all pro bono legal services under the supervision of an attorney (Supervising Attorney) who is a regular member of the South Carolina Bar employed by, or participating as a volunteer for, the legal services organization or the South Carolina Bar Pro Bono Program and who assumes professional responsibility for the conduct of the matter, litigation, or administrative proceeding in which the attorney participates; and
(3) neither asks for nor receives compensation of any kind for the legal services provided to the client.
RULE 414
LIMITED CERTIFICATE OF ADMISSION FOR CLINICAL LAW PROGRAM TEACHERS
(a) Purpose. This rule is adopted to foster and aid the clinical law programs of law schools. These programs provide legal services to those who are unable to afford private legal counsel and educate law students in providing these legal services.
(b) Qualifications for Admission. The Supreme Court may issue a limited certificate of admission to practice law in South Carolina to any person who:
(1) is employed full-time by a law school within this State which has been approved by the American Bar Association and is responsible for supervising or teaching in the clinical law program operated by the law school;
(2) provides legal services solely in connection with the supervision of or instruction in the law school's clinical law program;
(3) neither requests nor receives compensation or remuneration of any kind for legal services from the person for whom the services are rendered;
(4) is at least twenty-one years of age;
(5) is a person of good moral character;
(6) has received a JD or LLB degree from a law school that was approved by the Council of Legal Education of the American Bar Association at the time the degree was conferred;
(7) has been admitted to practice law in the highest court of another state or the District of Columbia for at least three (3) years;
(8) is a member in good standing in each jurisdiction where he is admitted to practice law;
(9) has not been disbarred or suspended from the practice of law and is not the subject of any pending disciplinary proceeding in any other jurisdiction; and,
(10) has not, within the last five (5) years, been denied admission to a bar for character or ethical reasons or disciplined for professional misconduct.
(c) Application. An attorney desiring a limited certificate of admission shall file with the Clerk of the Supreme Court an application in duplicate on a form prescribed by the Supreme Court. The application shall be accompanied by a certificate of good standing from each jurisdiction in which the attorney has been admitted to practice law and a statement signed by the Dean of the law school at which the attorney is employed stating that the attorney meets the requirements of (b)(1)-(3) above.
(d) Reference to the Committee on Character and Fitness. Any questions concerning the fitness or qualifications of an attorney applying for a limited certificate of admission to practice law may be referred by the Court to the Committee on Character and Fitness for a hearing and recommendation.
(e) Confidentiality. The confidentiality provisions of Rule 402(n), SCACR, shall apply to all files and records of the Committee on Character and Fitness, and the Clerk of the Supreme Court relating to an application for a limited certificate to practice law under this rule.
(f) Rights and Obligations. The performance of legal services in this State by an attorney issued a limited certificate of admission to practice law shall be deemed the active engagement in the practice of law and shall subject the attorney to all duties and obligations of regular members of the South Carolina Bar and to all rules on the practice of law, including the Rules of Professional Conduct, Rule 407, SCACR, and the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR. The attorney shall not, however, need to comply with the requirements of Rule 403, SCACR. The attorney shall pay the fee specified by Rule 410, SCACR, and shall be subject to suspension under Rule 419, SCACR, for failing to pay those license fees or for failing to comply with continuing legal education requirements.
(g) Unauthorized Practice. 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 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.
(h) Misconduct and Incapacity. Except as otherwise provided in this rule, the procedures provided by Rule 413, SCACR, shall be used for resolving allegations that the attorney has committed ethical misconduct or suffers from a physical or mental condition which adversely affects the attorney's ability to practice law. If, however, the Supreme Court imposes a definite suspension or disbarment, or transfers the attorney to incapacity inactive status, the limited certificate shall be terminated as provided in (i) below. Unless otherwise ordered by the Court, the attorney may not seek to be readmitted as an attorney under this rule or any other rule until the period of suspension has expired or, in the case of disbarment, until five years after the date of the opinion or order imposing the disbarment.
(i) Termination of Certificate. The limited certificate of admission to practice law shall terminate if:
(1) The limited certificate is revoked by the Supreme Court under (g) above.
(2) The attorney is admitted to practice law in South Carolina under Rule 402, SCACR, or is granted another limited certificate of admission to practice law under this or any other rule, or is licensed as a foreign legal consultant under Rule 424, SCACR.
(3) The attorney is suspended or disbarred in this or any other jurisdiction. This does not include interim suspensions under Rule 17 of the Rules for Lawyer Disciplinary Enforcement contained in Rule 413, SCACR, or a similar rule in another jurisdiction. For an administrative suspension under Rule 419, SCACR, the attorney may seek reinstatement as provided in that rule.
(4) The attorney 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) The attorney ceases to meet the requirements of (b)(1)-(3) above.
(j) Resignation. Any request by an attorney licensed under this rule shall be processed as provided by Rule 409, SCACR.
(k) Surrender of Certificate. Upon the termination of the limited certificate of admission to practice law or the acceptance of a resignation, the attorney shall immediately surrender the certificate to the Clerk of the Supreme Court. The failure to immediately surrender the certificate upon termination or the acceptance of a resignation may subject the attorney to discipline under Rule 413, SCACR, or to being held in contempt of the Supreme Court.
RULE 415
LIMITED CERTIFICATE OF ADMISSION FOR THE RETIRED AND INACTIVE ATTORNEY PRO BONO PARTICIPATION PROGRAM
(a) Qualifications for Admission. The Supreme Court may issue a limited certificate of admission to practice law in South Carolina to any person who:
(1) is or was admitted to practice law in another state or territory of the United States or the District of Columbia and is retired from the active practice of law or is on inactive status;
(2) has been a member in good standing in each jurisdiction in which the retired or inactive attorney is or was admitted to practice law;
(3) has not been disciplined for professional misconduct in any jurisdiction within the past fifteen (15) years and is not the subject of any pending disciplinary proceeding;
(4) is associated with an approved legal services organization (Legal Services) which receives, or is eligible to receive, funds from the Legal Services Corporation; is working on a case or project through the South Carolina Bar Pro Bono Program (the Program); or is working with a program funded in whole or in part by a grant from the South Carolina Bar Foundation, Inc. (the Grantee), using interest and dividends remitted under the procedure established in Rule 412, SCACR;
(5) performs all activities authorized by this Rule under the supervision of an attorney who is a regular member of the South Carolina Bar employed by, or participating as a volunteer for, Legal Services, the Program or the Grantee and who assumes professional responsibility for the conduct of the matter, litigation, or administrative proceeding in which the retired or inactive attorney participates and;
(6) agrees to abide by the South Carolina Rules of Professional Conduct and all other rules governing the practice of law in this State and to submit to the jurisdiction of the Supreme Court for disciplinary purposes. No license fee or assessment shall be charged to these attorneys under Rules 410 and 411, SCACR.
(b) Application. An attorney desiring a limited certificate shall file with the Clerk of the Supreme Court an application in duplicate on a form prescribed by the Supreme Court accompanied by:
(1) a certification by Legal Services, the Program or the Grantee stating that:
(A) the retired or inactive attorney is currently associated with Legal Services, the Program or the Grantee;
(B) a regular member of the South Carolina Bar employed by, or acting as a volunteer for, Legal Services, the Program or the Grantee will assume the duties of the supervising attorney required by this Rule; and
(C) the retired or inactive attorney meets the requirements of section (a) of this Rule;
(2) a certificate of good standing from each jurisdiction in which the retired or inactive attorney is or was admitted to practice law; and
(3) a sworn statement by the retired or inactive attorney that the retired or inactive attorney:
(A) has read and is familiar with the South Carolina Rules of Professional Conduct and all rules relating to the practice of law in this State and will abide by the provisions thereof; and
(B) will neither ask for nor receive compensation of any kind for the legal services rendered under this Rule.
(c) Reference to the Committee on Character and Fitness. Any questions concerning the fitness or qualifications of the retired or inactive attorney may be referred by the Supreme Court to the Committee on Character and Fitness for a hearing and recommendation.
(d) Confidentiality. The confidentiality provisions of Rule 402(n), SCACR, shall apply to all files and records of the Board of Law Examiners, the Committee on Character and Fitness, and the Clerk of the Supreme Court relating to a limited certificate to practice law under this rule.
(e) Scope of Practice. The limited certificate issued under this Rule authorizes the retired or inactive attorney to provide legal services solely to clients approved to receive services from Legal Services, the Program or the Grantee, or to provide other services through the Program such as Ask-A-Lawyer or educational clinics. The retired or inactive attorney issued a limited certificate may:
(1) appear in any court or before any tribunal in this State if the client consents, in writing, to that appearance and the supervising attorney has given written approval for the appearance. The written consent and approval must be filed with the court or tribunal and must be brought to the attention of the judge or presiding officer prior to the appearance;
(2) prepare pleadings and other documents to be filed in any court or before any tribunal in this State on behalf of the client. Such pleadings shall also be signed by the supervising attorney; and
(3) otherwise engage in the practice of law as is necessary for the representation of the client.
(f) Unauthorized Practice. 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 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.
(g) Misconduct and Incapacity. Except as otherwise provided in this rule, the procedures provided by Rule 413, SCACR, shall be used for resolving allegations that the attorney has committed ethical misconduct or suffers from a physical or mental condition which adversely affects the attorney's ability to practice law. If, however, the Supreme Court imposes a definite suspension or disbarment, or transfers the attorney to incapacity inactive status, the limited certificate shall be terminated as provided in (i)
below. Unless otherwise ordered by the Court, the attorney may not seek to be readmitted as an attorney under this rule or any other rule until the period of suspension has expired or, in the case of disbarment, until five years after the date of the opinion or order imposing the disbarment.
(h) Termination of Certificate. The limited certificate of admission to practice law shall terminate if:
(1) a determination by the Supreme Court, in its discretion, that the limited certificate should be revoked. Notice of the revocation shall be sent to the attorney granted the limited certificate and Legal Services, the Program or the Grantee within five (5) days of the revocation. This includes a revocation for the grounds specified in (f) and (g) above.
(2) the attorney is admitted to practice law in South Carolina under Rule 402, SCACR, or is granted another limited certificate of admission to practice law under this or any other rule, or is licensed as a foreign legal consultant under Rule 424, SCACR.
(3) the attorney is suspended or disbarred in this or any other jurisdiction. This does not include interim suspensions under Rule 17 of the Rules for Lawyer Disciplinary Enforcement contained in Rule 413, SCACR, or a similar rule in another jurisdiction. For an administrative suspension under Rule 419, SCACR, the attorney may seek reinstatement as provided in that rule.
(4) notice by Legal Services, the Program or the Grantee stating that the attorney granted the limited certificate has ceased to be associated with Legal Services, the Program or the Grantee. Such notice must be sent to the attorney granted the limited certificate and must be filed with the Clerk of the Supreme Court within five (5) days after the association has ceased. The notice need not state a reason for the cessation of the association.
(i) Resignation. Any request by an attorney licensed under this rule shall be processed as provided by Rule 409, SCACR.
(j) Surrender of Certificate and Notice to Courts and Tribunals. Upon the termination of the limited certificate or acceptance of a resignation, the attorney granted the limited certificate shall immediately surrender the certificate to the Clerk of the Supreme Court. The failure to immediately surrender the certificate upon termination or the acceptance of a resignation may subject the attorney to discipline under Rule 413, SCACR, or to being held in contempt of the Supreme Court. Additionally, the supervising attorney shall immediately file notice of the expiration in the official file of each matter pending before any court or tribunal in which the attorney granted the limited certificate was involved.
RULE 419
ADMINISTRATIVE SUSPENSIONS AND TERMINATIONS
(a) Applicability. This rule governs suspensions and terminations for failing to pay the license fees required by Rule 410, SCACR, or to comply with the continuing legal education requirements of Rule 408, SCACR, and the regulations implementing that rule. This rule is applicable to persons licensed to practice law under Rules 402, 405, 414, and 415, and to persons licensed as a foreign legal consultant under Rule 424, SCACR.
(b) Due Date of Fees and Reports.
(1) Annual license fees required by Rule 410, SCACR, shall be due not later than January 1.
(2) Reports of compliance with continuing legal education requirements required by Rule 408, SCACR, and the regulations of the Commission on Continuing Legal Education and Specialization (Commission), including the required fee, shall be due not later than March 1. The reporting period for lawyers, judges and foreign legal consultants shall run from March 1 through the last day in February, annually.
(c) Failure to Comply.
(1) Promptly after January 15, the Bar shall notify persons who have failed to pay the annual license fees and assessments, including payment of any penalty, will be suspended if they do not pay those fees by February 15.
(2) Promptly after March 15, the Commission shall notify persons who have failed to file a report of compliance and pay the annual filing fee, including payment of any penalty established by the Commission, that they will be suspended if they do not file the report of compliance and pay the filing fee and any penalty by April 15.
(d) Suspension by Supreme Court.
(1) Promptly after February 15, the Bar shall forward a list of the persons who have not paid their license fees and penalties to the Clerk of the South Carolina Supreme Court. Those persons shall be suspended by order of the South Carolina Supreme Court and shall thereafter forward their certificate of admission or license to the Clerk of the South Carolina Supreme Court.
(2) Promptly after April 15, the Commission shall forward a list of the lawyers who have not filed reports of compliance with continuing legal education requirements and any required fee and penalty to the Clerk of the South Carolina Supreme Court. Those lawyers shall be suspended by order of the South Carolina Supreme Court and shall thereafter forward their certificate of admission or license to the Clerk of the South Carolina Supreme Court.
(e) Reinstatement by Supreme Court. Any person seeking reinstatement for a suspension under this rule must petition the South Carolina Supreme Court. The petition for reinstatement must show that the person has paid all license fees and penalties due to the South Carolina Bar and is current on all continuing legal education requirements with the Commission, including any fees and penalties. The petition shall be accompanied by a filing fee of $200, and a proof of service showing that a copy of the petition has been served on the Office of Disciplinary Counsel. The Court may take such action as it deems appropriate in acting on the petition for reinstatement, including, but not limited to, requiring the person to appear before the Court for a hearing, referring the petition to the Committee on Character and Fitness or referring the petition to the Commission on Lawyer Conduct for investigation and a recommendation as to the propriety of reinstatement.
For a person holding a limited certificate or licensed as a foreign legal consultant, any petition for reinstatement must be filed within ninety (90) days of the date of the suspension. Otherwise, the expiration of the license based on the suspension under Rules 405, 414, 415 or 424 shall be final.
(f) Termination of Persons Admitted Under Rule 402, SCACR. If a person admitted under Rule 402, SCACR, fails to seek reinstatement within three (3) years of being suspended by the Court under this rule, that person's membership in the South Carolina Bar shall be terminated. The person must thereafter comply with Rule 402, SCACR, to be readmitted to the practice of law in this state; provided, however, that the Supreme Court may waive some or all of the requirements of Rule 402 upon a showing of special circumstances.
RULE 424
LICENSING OF FOREIGN LEGAL CONSULTANTS
(a) Qualifications for Licensure. In its discretion, the Supreme Court of the State of South Carolina may license to practice in this State as a foreign legal consultant, without examination, an applicant who:
(1) is a member in good standing of a recognized legal profession in a foreign country, the members of which are admitted to practice as attorneys or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority;
(2) for at least five of the seven years immediately preceding his or her application has been a member in good standing of such legal profession and has actually been engaged in the practice of law in the said foreign country or elsewhere substantially involving or relating to the rendering of advice or the provision of legal services concerning the law of the said foreign country;
(3) possesses the good moral character and general fitness requisite for a member of the Bar of this State;
(4) is at least twenty-six years of age; and
(5) intends to practice as a foreign legal consultant in this State and to maintain an office in this State for that purpose.
(b) Application. An applicant under this Rule shall file an application in triplicate with the Clerk of the Supreme Court. The application shall be accompanied by a non-refundable application fee of $1,000. The application shall include the following:
(1) a certificate from the professional body or public authority in such foreign country having final jurisdiction over professional discipline, certifying as to the applicant’s admission to practice and the date thereof, and as to his or her good standing as such attorney or counselor at law or the equivalent;
(2) a letter of recommendation from one of the members of the executive body of such professional body or public authority or from one of the judges of the highest law court or court of original jurisdiction of such foreign country;
(3) a duly authenticated English translation of such certificate and such letter if, in either case, it is not in English; and
(4) such other evidence as to the applicant’s educational and professional qualifications, good moral character and general fitness, and compliance with the requirements of Section (a) of this Rule as the Supreme Court of the State of South Carolina may require.
(c) Confidentiality. The files and records maintained by the Clerk relating to the licensing of foreign legal consultants shall be confidential and shall not be disclosed except as necessary by the Clerk to carry out his or her own responsibilities. The Clerk may disclose information to the National Conference of Bar Examiners and to the bar admission authorities in other jurisdictions, and may disclose the names of those persons who are licensed as foreign legal consultants and date of their licensing. The Supreme Court may authorize the release of confidential information to other persons or agencies.
(d) Scope of Practice. A person licensed to practice as a foreign legal consultant under this Rule may render legal services in this State subject, however, to the limitations that he or she shall not:
(1) appear for a person other than himself or herself as attorney in any court, or before any magistrate, administrative body, or other judicial officer, in this State;
(2) prepare any deed, mortgage, assignment, lease, or any other instrument effecting the transfer or registration of title to real estate located in the United States of America;
(3) prepare:
(A) any will or trust instrument effecting the disposition on death of any property located in the United States of America and owned by a resident thereof, or
(B) any instrument relating to the administration of a decedent’s estate in the United States of America;
(4) prepare any instrument in respect to the marital or parental relations, rights, or duties of a resident of the United States of America, or the custody or care of the children of such a resident;
(5) render professional legal advice on the laws of this State, the laws of any other state, the laws of the District of Columbia, the laws of the United States of America or of any territory or possession thereof, or the laws of any foreign country other than the country in which the foreign legal consultant is admitted to practice as an attorney or the equivalent thereof;
(6) be, or in any way hold himself or herself out as, a member of the Bar of this State; or
(7) carry on his or her practice under, or utilize in connection with such practice, any name, title, or designation other than one or more of the following:
(A) his or her own name;
(B) the name of the law firm with which he or she is affiliated;
(C) his or her authorized title in the foreign country of his or her admission to practice, which may be used in conjunction with the name of such country; and
(D) the title “foreign legal consultant,” which shall be used in conjunction with the words “admitted to the practice of law in [name of the foreign country of his or her admission to practice]” and also stating “Not a member of the South Carolina Bar.”
(e) Rights and Obligations. Subject to the limitations set forth in Section (d) of this Rule, a person licensed as a foreign legal consultant under this Rule shall be considered a lawyer affiliated with the Bar of this State and shall be entitled and subject to:
(1) the rights and obligations set forth in the Rules of Professional Conduct of Rule 407, South Carolina Appellate Court Rules. With respect to continuing legal education requirements of Rule 408(a), a person licensed as a foreign legal consultant shall annually attend at least two (2) hours of approved Continuing Legal Education (CLE) courses devoted to legal ethics/professional conduct; and
(2) the rights and obligations of a member of the Bar of this State with respect to:
(A) affiliation in the same law firm with one or more members of the Bar of this State, including by:
(i) employing one or more members of the Bar of this State;
(ii) being employed by one or more members of the Bar of this State or by any partnership (or professional corporation) which includes members of the Bar of this State or which maintains an office in this State; and
(iii) being a partner in any partnership (or shareholder in any professional corporation) which includes members of the Bar of this State or which maintains an office in this State; and
(B) attorney-client privilege, work-product privilege, and similar professional privileges.
(f) Disciplinary Provisions. A person licensed to practice as a foreign legal consultant under this Rule shall be subject to professional discipline in the same manner and to the same extent as members of the Bar of this State and to this end:
(1) every person licensed to practice as a foreign legal consultant under these Rules:
(A) shall be subject to control by the Supreme Court and to admonition, reprimand, or suspension of his or her license to practice by the Supreme Court of the State of South Carolina and shall otherwise be governed by Rule 407, South Carolina Appellate Court Rules; and
(B) shall execute and file with the Clerk of the Supreme Court, in such form and manner as such court may prescribe:
(i) his or her commitment to observe the Rules of Professional Conduct Rule 407, South Carolina Appellate Court Rules, to the extent applicable to the legal services authorized under Section (c) of this Rule;
(ii) a written undertaking to notify the Supreme Court of any change in such person’s good standing as a member of the foreign legal profession referred to in Section (a)(1) of this Rule and of any final action of the professional body or public authority referred to in (b)(1) of this Rule imposing any disciplinary censure, suspension, or any other sanction upon such person; and
(iii) a duly acknowledged instrument, in writing, designating the Clerk of the Supreme Court as his or her agent upon whom process may be served, with like effect as if served personally upon him or her, in any action or proceeding thereafter brought against him or her and arising out of or based upon any legal services rendered or offered to be rendered by him or her within or to residents of this State whenever, after due diligence, service cannot be made upon him at the South Carolina address listed for him or her in the Attorney Information System (AIS). The written acknowledgment shall also contain a statement that the foreign legal consultant will maintain an address in South Carolina, and that her or she will update and verify that address in the AIS as required by Rule 410, SCACR.
(2) Service of process on the Clerk of the Supreme Court, pursuant to the designation filed as aforesaid, shall be made by personally delivering to and leaving with such Clerk, or with a deputy or assistant authorized by him or her to receive such service, at his or her office, duplicate copies of such process together with a fee of $10. Service of process shall be complete when such Clerk has been so served. Such Clerk shall promptly send one of such copies to the foreign legal consultant to whom the process is directed, by certified mail, return receipt requested, addressed to such foreign legal consultant at the address listed for that foreign legal consultant in the AIS.
(g) License Fees and Duty to Update and Verify the Attorney Information System (AIS). A person licensed as a foreign legal consultant shall pay the license fees specified in Rule 410, SCACR. Further, foreign legal consultants must update and verify their information on AIS as required by Rule 410, SCACR.
(h) Revocation of License. In the event the Supreme Court of the State of South Carolina determines that a person licensed as a foreign legal consultant under this Rule no longer meets the requirements for licensure set forth in Section (a)(1) or Section (a)(3) of this Rule, it shall revoke the license granted to such person hereunder.
(i) Termination of License. The license as a foreign legal consultant shall terminate if:
(1) The license is revoked by the Supreme Court under (h) above.
(2) The foreign legal consultant is suspended under Rule 419, SCACR. The foreign legal consultant may seek reinstatement as provided in Rule 419.
(3) The foreign legal consultant is admitted to practice law in South Carolina under Rule 402, 405, 414, or 415, SCACR.
(j) Resignation. Any request by an attorney licensed under this rule shall be processed as provided by Rule 409, SCACR.
(k)Surrender of License. Upon the termination of the license or the acceptance of a resignation of the foreign legal consultant, the foreign legal consultant shall immediately surrender the license to the Clerk of the Supreme Court. The failure to immediately surrender the license upon termination or the acceptance of a resignation may subject the foreign legal consultant to discipline under (f) above, or to being held in contempt of the Supreme Court.
(l) Application for Waiver of Provisions. The Supreme Court of the State of South Carolina, upon application, may in its discretion vary the application or waive any provision of this Rule where strict compliance will cause undue hardship to the applicant. Such application shall be in the form of a verified petition setting forth the applicant’s name, age, and residence address, together with the facts relied upon and a prayer for relief. Such application shall be accompanied by a filing fee of $75.00.