South Carolina H 5004: Mary M. McClellan, Black History Month honoree

Bill Text

2025-2026 Bill 5004 Text of Previous Version (Jan. 22, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5004

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 AMENDING 
SECTION 39-5-39, RELATING TO AN ATTORNEY ADVERTISING IN A FALSE, DECEPTIVE, OR 
MISLEADING MANNER, SO AS TO DEFINE FALSE ADVERTISING; TO PROVIDE THAT ANY 
ADVERTISING FOR LEGAL SERVICES THAT REFERENCES A SETTLEMENT OBTAINED ON BEHALF 
OF A CLIENT MUST DISCLOSE THE AMOUNT OF ATTORNEY FEES AND LITIGATION COSTS 
DEDUCTED FROM THE RECOVERY; TO REQUIRE THE LEGAL ADVERTISEMENT TO CLARIFY THAT 
ANY REFERENCED RESULTS ARE NOT REPRESENTATIVE OF ALL CASES AND THAT OUTCOMES 
DEPEND ON THE SPECIFIC FACTS OF EACH CASE; AND TO PROVIDE THAT ANY ADVERTISING 
FOR LEGAL SERVICES THAT STATES THAT THE FILING OF A LAWSUIT IS AGAINST AN 
INSURANCE COMPANY OR OTHER THIRD PARTY MUST DISCLOSE THE FACT THAT ANY LAWSUIT 
WOULD BE FILED AGAINST AN INDIVIDUAL OR BUSINESS THAT WOULD BE NAMED AS THE 
DEFENDANT AND THAT THE INSURANCE COMPANY IS ONLY PROVIDING THE COVERAGE ON 
BEHALF OF THE NAMED INDIVIDUAL OR BUSINESS BASED ON A POLICY PURCHASED BY THE 
INDIVIDUAL OR BUSINESS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 39-5-39 of the S.C. Code is amended to read:

 Section 
39-5-39. (A) Advertising must be deemed false, deceptive, or misleading if 
it:

 (1) contains any statement, implication, 
or inference that guarantees, assures, or promises a particular outcome, 
recovery, verdict, settlement amount, or success rate;

 (2) suggests that past results, case 
outcomes, or client recoveries are indicative of future results, unless 
accompanied by a clear and prominent statement that prior results do not 
guarantee a similar outcome; or

 (3) uses superlative, comparative, or 
predictive language that cannot be substantiated and that would reasonably lead 
a prospective client to expect results that are not typical or reasonably 
achievable.

 (B) Notwithstanding another 
provision of law, it is an unlawful trade practice, pursuant to Section 
39-5-20, for an attorney to advertise his services in this State in a false, 
deceptive, or misleading manner including, but not limited to, the use of a 
nickname that creates an unreasonable expectation of results.

 (C)(1) 
Any advertising for legal services, in whatever form or medium, that 
references, depicts, or states a specific dollar amount of a settlement, 
verdict, judgment, or recovery obtained on behalf of a client must clearly and 
conspicuously disclose, in close proximity and in a similar size to the 
referenced dollar amount, the amount or percentage of attorney fees deducted 
from the recovery and the amount of litigation costs or expenses deducted from 
the recovery.

 (2) Such advertising for legal services 
also must disclose, in a clear and prominent manner, that the referenced result 
is not representative of all cases and that outcomes depend on the specific 
facts and legal circumstances of each matter.

 (D) Any advertising for legal services, 
in whatever form or medium, that references, depicts, or states that the filing 
of a lawsuit or legal claim or suggesting that the lawsuit or claim is against 
an insurance company or other third party must disclose clearly and 
conspicuously, in close proximity and in a similar size, the following 
disclosure or substantially similar language: "Any lawsuit would be filed 
against an individual or business that would be named as the defendant and that 
the insurance company is only providing the coverage on behalf of the named 
individual or business based on a policy purchased by the individual or 
business."

 (E) A violation of subsections (C) or 
(D) constitutes an unfair trade practice enforceable exclusively by the 
Department of Consumer Affairs who shall seek both monetary and injunctive 
relief.

 (F) A violation of this section does not 
create any private cause of action for a violation of this section.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on January 22, 2026 at 10:45 AM