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Amendments to South Carolina Rules of Civil Procedure

Rule 34, RLDE, is Amended

The Supreme Court has amended Rule 34 of the Rules for Lawyer Disciplinary Enforcement contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR) to add a restriction that a lawyer who is disbarred, suspended or transferred to incapacity inactive status may not serve as an arbitrator, mediator or third party neutral in any Alternative Dispute Resolution proceeding in South Carolina, and may not be employed directly or indirect by a member of the South Carolina Bar in such a capacity.


2006-05-03-01

The Supreme Court of South Carolina

In re: Amendments to Rule 34, Rules for Lawyer
Disciplinary Enforcement, Rule 413, SCACR.


O R D E R


Pursuant to Article V, § 4, of the South Carolina Constitution,   Rule 34 of the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR, is amended as provided on the attachment herein.  This amendment shall be effective immediately. 

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina
May 3, 2006


RULE 34
EMPLOYMENT OF DISBARRED OR SUSPENDED LAWYERS

A lawyer who is disbarred, suspended or transferred to incapacity inactive status shall not be employed directly or indirectly by a member of the South Carolina Bar as a paralegal, investigator or in any other capacity connected with the practice of law, nor be employed directly or indirectly in the State of South Carolina as a paralegal, investigator or in any capacity connected with the practice of law by a lawyer licensed in any other jurisdiction.  Additionally, a lawyer who is disbarred, suspended or transferred to incapacity inactive status shall not serve as an arbitrator, mediator or third party neutral in any Alternative Dispute Resolution proceeding in this state nor shall any member of the South Carolina Bar directly or indirectly employ a lawyer who has been disbarred, suspended or transferred to incapacity inactive status as an arbitrator, mediator or third party neutral in any Alternative Dispute Resolution proceeding.  Any member of the South Carolina Bar who, with knowledge that the person is disbarred, suspended or transferred to incapacity inactive status, employs such person in a manner prohibited by this rule shall be subject to discipline under these rules.  A disbarred or suspended lawyer who violates this rule shall be deemed in contempt of the Supreme Court and may be punished accordingly.