In re: Amendments to the South Carolina Appellate Court Rules
The South Carolina Bar has proposed amending Rule 1.15(a), RPC, Rule 407, SCACR, to incorporate a reference to Rule 417, SCACR, within the body of the Rule 1.15(a). The Bar has also requested the Court delete a portion of Comment 1 to Rule 1.15. The Comment states that a lawyer must comply with any recordkeeping rules established by law or court order and includes a reference to Rule 417.
Rule 417 addresses a lawyer's duty to maintain financial records, and contains express instructions regarding financial recordkeeping. Because we believe the proposed amendment to Rule 1.15(a) better emphasizes the need to abide by Rule 417 as it relates to the safekeeping of clients' property, we adopt the amendment to Rule 1.15(a), as set forth in the attachment to this Order. However, we decline the Bar's request to delete a portion of Comment 1. The amendment is effective immediately.
IT IS SO ORDERED.
s/Jean H. Toal C.J.
s/E.C. Burnett, III J.
s/Costa M. Pleicones J.
Columbia, South Carolina
August 13, 2007