The Supreme Court of South Carolina

Re: Amendment to 413, South Carolina Appellate Court Rules

Appellate Case No. 2014-000434

ORDER

Rule 34 of the Rules for Lawyer Disciplinary Enforcement, which is contained in Rule 413, SCACR, is amended as set forth in the attachment to this Order.  The amendments to Rule 34 permit a limited class of suspended lawyers to be employed by lawyers or law firms, with certain restrictions and supervisory requirements. 

The amendments are effective immediately. 

Columbia, South Carolina
February 11, 2015

RULE 34
EMPLOYMENT OF LAWYERS WHO ARE DISBARRED, SUSPENDED, TRANSFERRED TO INCAPACITY INACTIVE STATUS, OR PERMANENTLY RESIGNED IN LIEU OF DISCIPLINE

(a) General Prohibition on Employment. Except as provided in paragraph (b), below, a lawyer who is disbarred, suspended, transferred to incapacity inactive status, or permanently resigned in lieu of discipline shall not be employed directly or indirectly by a member of the South Carolina Bar as a paralegal, investigator, or in any other capacity connected with the practice of law, nor be employed directly or indirectly in the State of South Carolina as a paralegal, investigator, or in any capacity connected with the practice of law by a lawyer licensed in any other jurisdiction. Additionally, a lawyer who is disbarred, suspended, transferred to incapacity inactive status, or permanently resigned in lieu of discipline shall not serve as an arbitrator, mediator, or third party neutral in any Alternative Dispute Resolution proceeding in this state nor shall any member of the South Carolina Bar directly or indirectly employ a lawyer who has been disbarred, suspended, transferred to incapacity inactive status, or permanently resigned in lieu of discipline as an arbitrator, mediator, or third party neutral in any Alternative Dispute Resolution proceeding. Any member of the South Carolina Bar who, with knowledge that the person is disbarred, suspended, transferred to incapacity inactive status, or permanently resigned in lieu of discipline, employs such person in a manner prohibited by paragraph (a) of this rule shall be subject to discipline under these rules. A lawyer who is disbarred, suspended, transferred to incapacity inactive status, or permanently resigned in lieu of discipline who violates paragraph (a) of this rule shall be deemed in contempt of the Supreme Court and may be punished accordingly.

(b) Employment of Lawyers Suspended for Less than Nine Months.

(1)  A lawyer who has been suspended from the practice of law for a definite period of less than nine months may engage in the following activities during the period of his or her suspension:

(A)  clerical legal research and writing, including document drafting, library or online database research, and searching titles, including obtaining information at the recording office; and

(B)  non law-related office tasks, including but not limited to, building and grounds maintenance, personal errands for employees, computer and network maintenance, and marketing or design support.

(2)  A lawyer who has been suspended from the practice of law for a definite period of less than nine months and is employed in any capacity connected with the practice of law pursuant to this rule is forbidden from engaging in the following activities:

(A)  practicing law in any form;

(B)  having contact or interaction in person, by telephone, by electronic means, or otherwise with clients, former clients, or potential clients of a lawyer, law firm, or any other entity engaged in the provision of legal services in any capacity;

(C)  soliciting prospective clients in any form to engage the suspended lawyer in legal services at a future time when the suspended lawyer is reinstated to the practice of law;

(D)  handling client funds or operating any trust or financial account belonging to a lawyer, law firm, or other entity;

(E)  appearing as a lawyer before any court, judge, justice, board, commission, or other public body or authority;

(F)  holding himself or herself out as a lawyer by any means; or

(G)  continuing employment with the lawyer, law firm, or any other entity where the misconduct resulting in suspension occurred.

(3)  If a suspended lawyer is employed in a law-related position during the period of suspension, the suspended lawyer must be adequately supervised.

(A)  If a suspended lawyer is employed by another lawyer, law firm, or any other entity providing legal services during the period of suspension pursuant to paragraph (b)(1), the suspended lawyer must be supervised by a regular member of the South Carolina Bar who is in good standing (supervising lawyer). The suspended lawyer and supervising lawyer must submit a written plan to the Commission on Lawyer Conduct that outlines the scope of the suspended lawyer's employment, anticipated assignments on which the suspended lawyer will render assistance, and appropriate procedural safeguards in place to ensure a violation of this rule or further misconduct does not occur.

(B)  The supervising lawyer shall be solely responsible for the supervision of the suspended lawyer. If the suspended lawyer violates this or any other rule while under the supervision of the supervising lawyer, the supervising lawyer shall be subject to discipline under these rules and may be punished accordingly.

(4)  A suspended lawyer who violates paragraph (b) of this rule shall be subject to discipline under these rules, shall be deemed in contempt of the Supreme Court, and may be punished accordingly.