South Carolina

Rule 5.5 MJP/UPL Current

(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:

(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or

(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:

(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;

(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;

(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s representation of an existing client in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

(4) are not within paragraph (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s representation of an existing client in a jurisdiction in which the lawyer is admitted to practice.

(d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:

(1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or

(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

Rule 5.5 and Comments

In-House Counsel Rule

South Carolina’s Rule 405 allows a limited certificate of admission to practice if the attorney is employed in the legal department or under the supervision of the legal department of a corporation, company, partnership, or association (business employer) which does not provide legal services in South Carolina to the public or its employees. If not a South Carolina corporation, company, partnership or association, the business employer must be qualified or otherwise lawfully engaged in business in South Carolina. The attorney must perform most duties for the business employer in South Carolina and have a principal office in South Carolina, provides legal services in South Carolina solely for the business employer or the parent or subsidiary of such employer.

Pro Hac Vice

South Carolina Appellate Court Rule 404 allows pro hac vice admission if an attorney admitted to practice law in South Carolina is associated as attorney of record. An attorney may not appear pro hac vice if the attorney is a resident of South Carolina, is regularly employed in South Carolina, or is regularly engaged in the practice of law or in substantial business or professional activities in South Carolina, unless the attorney has filed an application for admission under Rule 402, SCACR. The attorney seeking to appear pro hac vice shall provide a copy of the application to the South Carolina Supreme Court Office of Bar Admissions accompanied by a $250 fee. The South Carolina attorney of record shall at all times be prepared to go forward with the case; sign all papers subsequently filed; and attend all subsequent proceedings in the matter, unless the tribunal specifically excuses the South Carolina attorney of record from attendance.

Also see Rule 403 which has a separate requirement of trial experience before counsel may appear before any court of South Carolina.

Admission on Motion

South Carolina does not permit admission on motion. However, some exceptions are made for law professors. For further information please contact:

South Carolina Office of Bar Admissions
Deputy Clerk
P.O. Box 11330
Columbia, SC 29211
Phone (803) 734-1080

Contact

South Carolina Bar
950 Taylor Street
Columbia, SC 29201
Phone (803) 799-6653
Fax (803) 799-4118
Email: scbar-info@scbar.org

South Carolina Judicial Department
1231 Gervais Street
Columbia, SC 29201
Voice (803) 734-1080
Fax (803) 734-1499
TTY (803) 734-6365

Mailing Address:
Supreme Court of South Carolina
PO Box 11330
Columbia, SC 29211