South Carolina General Assembly
117th Session, 2007-2008

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Bill 3274

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 24, 2008

H. 3274

Introduced by Reps. J.E. Smith and Hagood

S. Printed 4/24/08--H.

Read the first time January 17, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3274) to amend Section 40-5-310, Code of Laws of South Carolina, 1976, relating to the prohibition against any person practicing or soliciting the cause of another person, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking Section 40-5-310 of the 1976 Code, as contained in SECTION 1, and inserting:

/    Section 40-5-310.    No person may either practice law or solicit the legal cause of another person in a court of or entity in this State unless he has been admitted and sworn enrolled as an attorney a member of the South Carolina Bar pursuant to applicable court rules, or otherwise authorized to perform prescribed legal activities by action of the Supreme Court of South Carolina. The practice of law shall be defined by decisions of the Supreme Court of South Carolina prior to any charge being filed pursuant to this section. 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.     /

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 40-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY PERSON PRACTICING OR SOLICITING THE CAUSE OF ANOTHER PERSON IN A COURT OF THIS STATE UNLESS HE HAS BEEN ADMITTED AND SWORN AS AN ATTORNEY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH, AND PERSONS AND CAUSES TO WHICH, IT APPLIES, AND TO MAKE A VIOLATION AN UNFAIR TRADE PRACTICE UNDER SECTION 39-5-20.

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

SECTION    1.    Section 40-5-310 of the 1976 Code is amended to read:

"Section 40-5-310.    No person may either practice law or solicit the legal cause of another person in a court of or entity in this State unless he has been admitted and sworn enrolled as an attorney a member of the South Carolina Bar pursuant to applicable court rules, or otherwise authorized to perform prescribed legal activities by action of the Supreme Court of South Carolina. 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. In addition, the violation of this section constitutes an unfair trade practice under Section 39-5-20."

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

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