summary
Introduced
01/22/2026
01/22/2026
In Committee
01/22/2026
01/22/2026
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Amending Section 39-5-39, Relating To An Attorney Advertising In A False, Deceptive, Or Misleading Manner, So As To Define False Advertising; To Provide That Any Advertising For Legal Services That References A Settlement Obtained On Behalf Of A Client Must Disclose The Amount Of Attorney Fees And Litigation Costs Deducted From The Recovery; To Require The Legal Advertisement To Clarify That Any Referenced Results Are Not Representative Of All Cases And That Outcomes Depend On The Specific Facts Of Each Case; And To Provide That Any Advertising For Legal Services That States That The Filing Of A Lawsuit Is Against An Insurance Company Or Other Third Party Must Disclose The Fact That Any Lawsuit Would Be Filed Against An Individual Or Business That Would Be Named As The Defendant And That The Insurance Company Is Only Providing The Coverage On Behalf Of The Named Individual Or Business Based On A Policy Purchased By The Individual Or Business.
AI Summary
This bill amends South Carolina law to define and prohibit false, deceptive, or misleading advertising by lawyers. Specifically, it requires that any advertisement referencing a settlement or recovery amount must clearly state the amount or percentage of attorney fees and litigation costs deducted from that recovery. It also mandates that such advertisements must clarify that past results are not indicative of future outcomes and that each case's success depends on its unique facts. Furthermore, if an advertisement suggests a lawsuit is against an insurance company or third party, it must disclose that the lawsuit would actually be filed against an individual or business as the defendant, with the insurance company merely providing coverage. Violations of these provisions are considered unfair trade practices enforceable by the Department of Consumer Affairs, but do not create a private right for individuals to sue.
Committee Categories
Justice
Sponsors (1)
Last Action
Referred to Committee on Judiciary (on 01/22/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=5004&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/5004_20260122.htm |
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