Bill > H4819

This bill establishes the Unauthorized Practice of Law Prevention Act in South Carolina, which aims to strictly regulate non-attorneys providing legal services, particularly in family law matters. The legislation defines "legal services" broadly as any activities involving legal advice, document preparation, representation, or negotiation, and prohibits unauthorized persons from performing these services for compensation. Specifically, the bill makes it unlawful for non-attorneys to draft legal documents, provide legal advice, represent themselves as legal consultants, offer legal guidance, create legal document templates, or provide case-specific recommendations. The bill does allow for limited divorce coaching by certified professionals, provided they clearly disclose they are not attorneys and do not provide legal advice. Violations of the act can result in significant penalties, including misdemeanor or felony criminal charges with fines up to $5,000 and potential imprisonment, as well as civil actions that can include injunctions, restitution, and mandatory disgorgement of all fees received. Licensed attorneys are required to report any known unauthorized practice of law to the Office of Disciplinary Counsel, which will then refer the matter to the Attorney General for investigation and potential enforcement. The legislation is designed to protect consumers by ensuring that only licensed attorneys provide legal services, while maintaining some flexibility for self-representation and certain professional support services.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4819&session=126&summary=B