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South Carolina
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2014-04-10-01

The Supreme Court of South Carolina

RE: Electronic Transfers from Lawyer Trust Accounts

Appellate Case No. 2014-000261


ORDER


The South Carolina Bar has submitted proposed amendments to the South Carolina Appellate Court Rules that specifically permit lawyers to transfer funds from lawyers' trust accounts to pay electronic filing fees by way of debit. 

Pursuant to Article V, § 4 of the South Carolina Constitution, we adopt the portion of the Bar's proposal that amends the Comments to Rule 1.15, RPC, Rule 407, SCACR, as set forth in the attachment to this Order.  The changes are effective immediately.

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
April 10, 2014



Rule 1.15, RPC, Rule 407, SCACR, is amended to add Comment 9 as set forth below.  The remaining comments are renumbered to reflect the addition of new Comment 9. 
 
[9] In order to pay recording fees, submission fees, filing fees, or similar fees on behalf of a client or third party, a lawyer may authorize the electronic transfer of funds from the lawyer's trust account to a government agency or a vendor duly authorized by a government agency to collect such fees.  Such authorization may include granting the government agency or its duly authorized vendor the right to debit the funds authorized by the lawyer from the lawyer's trust account, subject to the requirements of Rule 1.15(f)