South Carolina Authorization for Non-Lawyer Representation
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FAQ
Unless you are a member of the South Carolina Bar or otherwise authorized to perform prescribed legal activities by action of the South Carolina Supreme Court, you are prohibited from the practice of law.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
Providing legal advice, making tactical and strategic decisions, determining case value, negotiating settlement and counseling clients as to whether to settle a case, without the direct and specific supervision of an attorney, constitutes the unauthorized practice of law.
The Unauthorized Practice of Law (UPL) is: The law prohibiting the unauthorized practice of law in South Carolina reads as follows: § 40-5-310. Practicing law or soliciting legal cause of another without being enrolled as member of South Carolina Bar.
The unauthorized practice of law is performing legal services, creating legal documents, or offering legal advice as a person who is unlicensed, disbarred, or with no bar admission authorizing an individual to be able to do so.
Practicing law without a license is a felony, and may be punished by either a fine of up to $5,000, imprisonment for not more than five years, or both, ing to the SC Code of Laws. The South Carolina Bar is not empowered to enforce this statute.