PROPOSED ADDITION TO TERMINOLOGY, SCRPC, RULE 407, SCACR
"Client" includes any
person to whom a lawyer provides legal advice or services as well as any person
who gives anything of value to receive advice, services, or products from an
enterprise if the enterprise provides any of the advice or services through a
lawyer whom the recipient contemporaneously knows to be a lawyer.
"Fee" includes anything of
value given by a client for representation by a lawyer.
"Firm" or "law firm" denotes a lawyer or lawyers in a private firm, lawyers employed in the legal department of a corporation or other organization, lawyers associated with an enterprise who represent clients within the scope of that association and lawyers in a legal services organization. See Comment, Rule 1.10.
"Represent" and "representation" used in the context of a lawyer serving a client denotes providing advice or services to that person.
PROPOSED AMENDMENT TO RULE 8.5, SCRPC, JURISIDICTION, RULE 407, SCACR
(a) A lawyer admitted to practice . . . .
(b) A lawyer giving advice or providing services that would be considered to be the practice of law if provided while the lawyer was affiliated with a law firm is subject to the Rules of Professional Conduct with respect to the giving of such advice or the providing of such services whether or not the lawyer is actively engaged in the practice of law or affiliated with a law firm. In giving such advice and in providing such services, a lawyer shall be considered to be representing a client for purposes of the Rules of Professional Conduct.
The Rules of Professional Conduct
apply to a lawyer giving advice or providing services that are not prohibited as
the unauthorized practice of law when provided by a non-lawyer but are
considered to be the practice of law when provided by a lawyer.
For instance, an accountant giving tax advice to a client is not normally
engaged in the unauthorized practice of law. However, if a lawyer gives the same advice, he or she is
giving legal advice and is subject to the Rules of Professional Conduct, whether
working for a law firm, an accounting firm, a consulting firm or another
enterprise. Of course, this is also
true if the lawyer is giving advice or providing services that would constitute
the unauthorized practice of law by a non-lawyer. In giving both kinds of services, a lawyer is considered to
be representing a client for the purposes of determining which of these Rules
govern the lawyer's conduct.
This rule does not permit lawyers to engage in activities that would otherwise violate Rules 5.4 and 5.5 or any other of the Rules of Professional Conduct.