Unauthorized Practice of Law Rules Proposed by South Carolina Bar, In re

CourtUnited States State Supreme Court of South Carolina
Citation309 S.C. 304,422 S.E.2d 123
Decision Date21 September 1992
PartiesIN RE UNAUTHORIZED PRACTICE OF LAW RULES PROPOSED BY the SOUTH CAROLINA BAR.

Page 123

422 S.E.2d 123
309 S.C. 304
IN RE UNAUTHORIZED PRACTICE OF LAW RULES PROPOSED BY the
SOUTH CAROLINA BAR.
Supreme Court of South Carolina.
Sept. 21, 1992.

Page 124

[309 S.C. 305] ORDER

In June 1991 the South Carolina Bar through a special subcommittee of the Unauthorized Practice of Law Committee (Committee) submitted to the Supreme Court a set of proposed rules governing the unauthorized practice of law (Proposed Rules). This comprehensive set of Proposed Rules represents the Committee's collective wisdom accumulated during its thirteen years of existence, as well as the efforts of the special subcommittee which spent over a year drafting these rules. The Proposed Rules attempt to define and delineate the practice of law, and to establish clear guidelines so that professionals other than attorneys can ensure they do not inadvertently engage in the practice of law.

It is impossible for anyone not familiar with the scope of the issues embraced by the Proposed Rules to truly appreciate the enormity of the task undertaken by the special subcommittee. After careful review of the Proposed Rules, the documentation in support of these rules, and the tremendous amount of memoranda in opposition to their adoption, we conclude that the Proposed Rules should not be adopted. We commend the subcommittee for its Herculean efforts to define the practice of law. We are convinced, however, that it is neither practicable nor wise to attempt a comprehensive definition by way of a set of rules. Instead, we are convinced that the better course is to decide what is and what is not the unauthorized practice of law in the context of an actual case or controversy.

The Constitution commits to this Court the duty to regulate the practice of law in South Carolina. S.C. Const. art. V, § 4; see also S.C.Code Ann. § 40-5-10- (1986). We take this opportunity to clarify certain practices which we hold do not constitute the unauthorized practice of law.

First, we recognize the validity of the principle found in S.C.Code Ann. § 40-5-80 (1986): any individual may represent another individual before any tribunal, if (1) the tribunal approves of the representation and (2) the representative is not compensated for his services. We have refused, however, to allow an individual to represent a business entity under the statute. See State ex rel. Daniel v. Wells, 191 [309 S.C. 306] S.C. 468, 5 S.E.2d 181 (1939). We modify Wells today to allow a business to be represented...

To continue reading

Request your trial
38 practice notes
  • In The Matter Of Richland County Magistrate's Court, No. 26876.
    • United States
    • United States State Supreme Court of South Carolina
    • 7 Septiembre 2010
    ...ex rel. Daniel v. Wells, 191 S.C. 468, 5 S.E.2d 181 (1939); In re Unauthorized Practice of Law Rules Proposed by the South Carolina Bar, 309 S.C. 304, 422 S.E.2d 123 (1992). It does not, as Petitioner contends, authorize such representation in a criminal matter. Moreover, we note that our C......
  • Gracious Living Corp. v. Colucci & Gallaher, PC, No. 2:16–cv–02364–DCN
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 19 Octubre 2016
    ...Wells , 191 S.C. 468, 5 S.E.2d 181, 186 (1939) holding modified by In re Unauthorized Practice of Law Rules Proposed by S. Carolina Bar , 309 S.C. 304, 422 S.E.2d 123 (1992) ("[A corporation] must act in all its affairs through agents or representatives. In legal matters, it must act, if at......
  • Petition of Burson
    • United States
    • Supreme Court of Tennessee
    • 11 Septiembre 1995
    ...Dept. of Workers' Compensation, 543 A.2d 662, 664 (R.I.1988); In Re Unauthorized Practice of Law Rules Proposed by South Carolina Bar, 309 S.C. 304, 422 S.E.2d 123, 124 (1992); State ex rel. Reynolds v. Dinger, 14 Wis.2d 193, 109 N.W.2d 685, 692 We conclude that as the court of last resort ......
  • W. Va. Dep't of Health & Human Res. v. C. P., No. 19-0802
    • United States
    • Supreme Court of West Virginia
    • 23 Abril 2021
    ...Daniel v. Wells , 191 S.C. 468, 5 S.E.2d 181 (1939), holding modified by In re Unauthorized Practice of Law Rules Proposed by S.C. Bar, 309 S.C. 304, 422 S.E.2d 123 (1992). 857 S.E.2d 634 In particular, we restated the Daniel court's conclusion that"[w]hile there are no formal pleadings, th......
  • Request a trial to view additional results
37 cases
  • In The Matter Of Richland County Magistrate's Court, No. 26876.
    • United States
    • United States State Supreme Court of South Carolina
    • 7 Septiembre 2010
    ...ex rel. Daniel v. Wells, 191 S.C. 468, 5 S.E.2d 181 (1939); In re Unauthorized Practice of Law Rules Proposed by the South Carolina Bar, 309 S.C. 304, 422 S.E.2d 123 (1992). It does not, as Petitioner contends, authorize such representation in a criminal matter. Moreover, we note that our C......
  • Gracious Living Corp. v. Colucci & Gallaher, PC, No. 2:16–cv–02364–DCN
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 19 Octubre 2016
    ...Wells , 191 S.C. 468, 5 S.E.2d 181, 186 (1939) holding modified by In re Unauthorized Practice of Law Rules Proposed by S. Carolina Bar , 309 S.C. 304, 422 S.E.2d 123 (1992) ("[A corporation] must act in all its affairs through agents or representatives. In legal matters, it must act, if at......
  • Petition of Burson
    • United States
    • Supreme Court of Tennessee
    • 11 Septiembre 1995
    ...Dept. of Workers' Compensation, 543 A.2d 662, 664 (R.I.1988); In Re Unauthorized Practice of Law Rules Proposed by South Carolina Bar, 309 S.C. 304, 422 S.E.2d 123, 124 (1992); State ex rel. Reynolds v. Dinger, 14 Wis.2d 193, 109 N.W.2d 685, 692 We conclude that as the court of last resort ......
  • W. Va. Dep't of Health & Human Res. v. C. P., No. 19-0802
    • United States
    • Supreme Court of West Virginia
    • 23 Abril 2021
    ...Daniel v. Wells , 191 S.C. 468, 5 S.E.2d 181 (1939), holding modified by In re Unauthorized Practice of Law Rules Proposed by S.C. Bar, 309 S.C. 304, 422 S.E.2d 123 (1992). 857 S.E.2d 634 In particular, we restated the Daniel court's conclusion that"[w]hile there are no formal pleadings, th......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT