South Carolina General Assembly
118th Session, 2009-2010

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A38, R93, H3123

STATUS INFORMATION

General Bill
Sponsors: Reps. J.E. Smith, H.B. Brown, McLeod, Horne, Weeks, Hutto and T.R. Young
Document Path: l:\council\bills\gjk\20021sd09.docx

Introduced in the House on January 13, 2009
Introduced in the Senate on March 3, 2009
Last Amended on February 26, 2009
Passed by the General Assembly on May 13, 2009
Governor's Action: June 2, 2009, Signed

Summary: Attorneys

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/16/2008  House   Prefiled
  12/16/2008  House   Referred to Committee on Judiciary
   1/13/2009  House   Introduced and read first time HJ-56
   1/13/2009  House   Referred to Committee on Judiciary HJ-56
   2/10/2009  House   Member(s) request name added as sponsor: McLeod
   2/17/2009  House   Member(s) request name added as sponsor: Horne
   2/18/2009  House   Committee report: Favorable with amendment Judiciary HJ-3
   2/19/2009  House   Member(s) request name added as sponsor: Weeks
   2/24/2009  House   Member(s) request name added as sponsor: Hutto, T.R.Young
   2/24/2009  House   Debate adjourned until Wednesday, February 25, 2009 HJ-24
   2/26/2009  House   Amended HJ-12
   2/26/2009  House   Read second time HJ-13
   2/26/2009  House   Unanimous consent for third reading on next legislative 
                        day HJ-13
   2/27/2009  House   Read third time and sent to Senate HJ-1
    3/3/2009  Senate  Introduced and read first time SJ-11
    3/3/2009  Senate  Referred to Committee on Judiciary SJ-11
    3/6/2009  Senate  Referred to Subcommittee: L.Martin (ch), Rankin, Hutto, 
                        Bright, Davis
   4/22/2009  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-10
   4/23/2009  Senate  Committee Amendment Adopted SJ-21
   4/23/2009  Senate  Read second time SJ-21
   4/24/2009          Scrivener's error corrected
    5/7/2009  Senate  Read third time and returned to House with amendments 
                        SJ-23
   5/13/2009  House   Concurred in Senate amendment and enrolled HJ-48
   5/13/2009  House   Roll call Yeas-94  Nays-0 HJ-48
   5/27/2009          Ratified R 93
    6/2/2009          Signed By Governor
   6/11/2009          Effective date 06/02/09
   6/12/2009          Act No. 38

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/16/2008
2/18/2009
2/26/2009
4/22/2009
4/23/2009
4/24/2009

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

(A38, R93, H3123)

AN ACT 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 PROVIDE THAT A PERSON MUST BE ENROLLED AS 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 IN ORDER TO EITHER PRACTICE LAW OR SOLICIT THE LEGAL CAUSE OF ANOTHER, AND TO PROVIDE THAT 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.

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

Practicing law or soliciting legal cause of another

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 or entity in this State unless he is enrolled as 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 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."

Time effective

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

Ratified the 27th day of May, 2009.

Approved the 2nd day of June, 2009.

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This web page was last updated on Wednesday, February 3, 2010 at 2:12 P.M.