South Carolina H 4819: Parking Placards
Status: Act No. 147 (as of 2024-05-29)
State: South Carolina · Session: 2023-2024 · Bill: H 4819
Sponsors: Bernstein, Calhoon, Felder
Bill Text
2025-2026 Bill 4819 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 4819 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "UNAUTHORIZED PRACTICE OF LAW PREVENTION ACT" BY ADDING ARTICLE 9 TO CHAPTER 5, TITLE 40 SO AS TO PROHIBIT UNLICENSED INDIVIDUALS FROM PROVIDING LEGAL SERVICES FOR COMPENSATION, TO PROVIDE DEFINITIONS, TO ESTABLISH CRIMINAL PENALTIES, AND TO PROVIDE FOR CIVIL ENFORCEMENT, INJUNCTIVE RELIEF, AND THE DISGORGEMENT OF COMPENSATION RECEIVED IN VIOLATION OF THIS ARTICLE, AMONG OTHER THINGS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. This act may be cited as the "Unauthorized Practice of Law Prevention Act." SECTION 2. Chapter 5, Title 40 of the S.C. Code is amended by adding: Article 9 Unauthorized Practice of Law Prevention Section 40-5-910. For purposes of this article: (1) "Legal services" means providing advice, counsel, or assistance on matters involving the law or legal rights including, but not limited to: (a) drafting, completing, or preparing legal documents such as pleadings, settlement agreements, parenting plans, separation agreements, or court filings; (b) advising an individual regarding his or her legal rights, remedies, or obligations; (c) representing or purporting to represent another person in any legal negotiation, mediation, arbitration, or proceeding; or (d) advertising, holding oneself out, or implying the ability to perform any of the foregoing services. (2) "Compensation" means any fee, payment, donation, retainer, or thing of value received directly or indirectly for providing services. (3) "Drafting, completing, or preparing" includes editing, reviewing, selecting, recommending, or customizing language for any legal document, whether typed, handwritten, templated, or completed in whole or in part by the non-attorney. (4) "Licensed attorney" means an attorney duly licensed and admitted to practice law in the State of South Carolina and in good standing with the South Carolina Bar. (5) "Unauthorized person" means any person or entity that is not a licensed attorney in South Carolina and who provides, advertises, or offers legal services to another for compensation. Section 40-5-920. (A) In addition to the provisions of Article 5, it is unlawful for any unauthorized person to: (1) draft, complete, or prepare any parenting plan, separation agreement, settlement agreement, court pleading, or other legal document on behalf of another for compensation; (2) provide legal advice, strategy, or guidance on divorce, custody, visitation, support, or other family law matters for compensation; (3) represent themselves in advertising, websites, or social media as a custody coach, family law consultant, legal coach, or any title suggesting authority or expertise to provide legal services in family law; (4) offer guidance on what to say, request, argue, or present in any legal proceeding that constitutes legal advice; (5) create, sell, customize, or distribute templates, worksheets, guided forms, or questionnaires intended for use as legal documents in family court; (6) provide case-specific recommendations, interpretations, or suggested courses of action that constitute legal advice; or (7) engage in, or attempt to engage in, the practice of law as defined by the South Carolina Supreme Court without a valid license. (B)(1) Provision of divorce coaching by an individual certified by a nationally recognized divorce coach program does not constitute the practice of law under this article, provided that the individual: (a) does not provide legal advice, interpret law, draft legal documents other than those permitted for self-represented litigants, or represent any person in a legal proceeding; (b) provides services limited to education, organization, communication support, goal-setting, and guidance on the nonlegal aspects of separation and divorce for which he received training as part of his certification process; (c) does not engage in any of the prohibited activities in subsection (A); and (d) clearly discloses in writing to each client that the coach is not an attorney and may not provide legal advice. (2) Nothing in this subsection authorizes a divorce coach to engage in any activity that constitutes the practice of law under South Carolina law. (C) If the notice provided in item (1)(d), any advertisement, or any other communication by an unauthorized person expressly disclaims that the person is not a licensed attorney in this State, the disclaimer does not: (1) provide a defense to, or immunity from, any enforcement action, civil liability, or criminal penalty arising
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