South Carolina H 3275: Requirements for practicing law

Bill Text

2025-2026 Bill 3275 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3275

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 40-5-20, RELATING TO THE AUTHORITY OF THE SUPREME COURT TO PROMULGATE 
RULES AND REGULATIONS CONCERNING THE PRACTICE OF LAW AND THE ESTABLISHMENT OF 
THE SOUTH CAROLINA BAR, SO AS TO PROVIDE THAT THE SUPREME COURT MAY PROMULGATE 
RULES AND REGULATIONS DEFINING AND REGULATING THE PRACTICE OF LAW SUBJECT TO 
STATUTORY LAW AND DETERMINING THE QUALIFICATIONS AND REQUIREMENTS FOR ADMISSION 
TO THE PRACTICE OF LAW AND THE LICENSURE OF ATTORNEYS IN THIS STATE, TO PROVIDE 
THAT ANY PROVISION OF LAW OR RULE THAT REQUIRES AN ATTORNEY TO BE A MEMBER OF 
THE SOUTH CAROLINA BAR IS SUPERSEDED AND OF NO FORCE AND EFFECT, AND TO DELETE 
INCONSISTENT PROVISIONS RELATED TO THE BAR; AND BY AMENDING SECTION 40-5-310, 
RELATING TO PRACTICING LAW OR SOLICITING THE LEGAL CAUSE OF ANOTHER WITHOUT 
BEING ENROLLED AS A MEMBER OF THE SOUTH CAROLINA BAR, SO AS TO provide THAT NO 
PERSON MAY PRACTICE LAW UNLESS HE IS LICENSED BY THE SUPREME COURT, AND TO 
DELETE THE REQUIREMENT THAT A PERSON BE A MEMBER OF THE SOUTH CAROLINA BAR.

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

SECTION 1. Section 40-5-20 of the S.C. Code is amended to read:

 Section 
40-5-20. (A) The 
Supreme Court may from time to time prescribe, adopt, promulgate and amend such 
rules and regulations as it may deem proper:

 (a)(1) defining and 
regulating the practice of law, subject to the statutory 
laws of this State;

 (b)(2) determining the 
qualifications and requirements for admission to the practice of law, and providing for the licensure of attorneys in this State;

 (c)(3) prescribing a code of 
ethics governing the professional conduct of attorneys at law,;

 (d)(4) prescribing the 
procedure for disciplining, suspending, disbarring and reinstating attorneys at 
law,;

 (e)(5) organizing and 
governing an association to be known as the South Carolina State Bar which 
shall be composed of the attorneys at law of the State, and which shall act as 
an administrative agency of the Supreme Court of South Carolina for the purpose 
of improving the administration of justice, provided that, 
pursuant to item (6), the Supreme Court may not require any attorney to be a 
member of the South Carolina State Bar; and

 (f)(6) fixing an annual 
license fee for the practice of law in this State and 
providing for the collection and disbursement of such license fees, the 
payment of which shall entitle but not require any attorney to be a member in 
the South Carolina State Bar and providing for the collection and the 
disbursement of such license fees. At such time as the 
South Carolina State Bar is established all offices, appointments or official 
duties heretofore delegated or given to the South Carolina Bar Association or 
any officer of the same by statute or appointment of the State of South 
Carolina or any branch thereof shall be vested in the South Carolina State Bar 
and its officers.

 (B) Pursuant to the limitation in 
Section 4, Article V of the South Carolina Constitution, providing that the 
Supreme Court's authority to regulate the practice of law in all courts is 
subject to the statutory law, any provision of law or rule to the contrary 
requiring an attorney to be a member of the South Carolina State Bar is 
superseded and of no force and effect.

SECTION 2. Section 40-5-310 of the S.C. Code is amended to read:

 Section 
40-5-310. No person may either practice law or solicit the legal cause of 
another person or entity in this State unless he is enrolled 
as a member of the South Carolina Barlicensed as an 
attorney by the Supreme Court of South Carolina pursuant to applicable 
court rules, or otherwise authorized to perform prescribed legal activities by 
action of the Supreme Court of South Carolina. The type of conduct that is the 
subject of any charge filed pursuant to this section must have been defined as 
the unauthorized practice of law by the Supreme Court of South Carolina prior 
to any charge being filed. A person who violates this section is guilty of a 
felony and, upon conviction, must be fined not more than five thousand dollars 
or imprisoned not more than five years, or both.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 11:12 AM