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Supreme Court of South Carolina

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Applications & Information » In-House Counsel » Information and Requirements for In-House Counsel


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Information and Requirements
In-House Counsel Applications

Rights and Obligations

Pursuant to Rule 405(g), SCACR, the performance of legal services in South Carolina by an attorney issued a limited certificate of admission to practice law shall be deemed the active engagement in the practice of law and shall subject the attorney to all duties and obligations of regular members of the South Carolina Bar and to all rules on the practice of law, including the Rules of Professional Conduct, Rule 407, SCACR, and the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR. The attorney shall pay the fee specified by Rule 410, SCACR, and shall be subject to suspension under Rule 419, SCACR, for failing to pay license fees or for failing to comply with continuing legal education requirements.

Scope of Practice

In accordance with Rule 405(e), SCACR, an attorney issued a limited certificate of admission to practice law may represent his employer:

  • (1) before any State agency in an administrative proceeding if authorized by the agency's regulations;

  • (2) before the magistrate's court in civil proceedings upon presentation of a copy of the certificate to the court;

  • (3) before any other South Carolina court or tribunal only if:

    • a. he associates as co-counsel a member of the South Carolina Bar licensed under Rule 402. The associated attorney shall be present at all trials, hearings, depositions, and other proceedings, and shall be required to sign all pleadings, motions, and other documents required to be signed by an attorney; and

    • b. a copy of the certificate is presented to the court or other tribunal.

    Per Rule 405(f), SCACR, an attorney granted a limited certificate of admission to practice law is not prevented from appearing in any matter pro se or from fulfilling the duties of a member of the reserve components of the armed forces or the National Guard.

    Unauthorized Practice

    As stated in Rule 405(h), SCACR, if an attorney granted a limited certificate engages in the practice of law in excess of that permitted by Rule 405, SCACR, the attorney may be subject to discipline under Rule 413, SCACR, revocation of the limited certificate by the Supreme Court, or being held in contempt of the Supreme Court for engaging in the unauthorized practice of law.

    For information regarding the termination or surrender of a certificate as well as eligibility to provide pro bono legal services, please see Rule 405 (j), (l), and (m), SCACR.

    Application for a Limited Certificate of Admission for In-House Counsel

    An attorney desiring a limited certificate of admission to practice law shall file an application with the Supreme Court of South Carolina Office of Bar Admissions via the online application portal (Application Portal) and pay the $400 application fee at the time the completed application is submitted. Required documents include certificates of good standing from each jurisdiction in which the attorney has been admitted to practice law and a statement signed by a representative of the attorney's business employer stating that the attorney and the business employer meet the requirements of Rule 405(a)(7)-(9), SCACR.

    If an application is subsequently withdrawn, the Office of Bar Admissions will not issue a refund or credit the application fee(s) to a future application.

    Electronic Communications

    All information and announcements are posted on the Office of Bar Admissions' website at scbaradmissions.sccourts.org. Applicants are expected to regularly visit this website to review the announcements and information posted there. Applicants are also required to maintain current email and mailing addresses on their Office of Bar Admissions' Account and to regularly read all correspondence from the Office of Bar Admissions, whether sent electronically, mailed through the postal service, or uploaded through the Application Portal. Applicants must ensure that emails from the Office of Bar Admissions are not filtered as spam and should add noreply@scbaradmissions.sccourts.org to their email address book.

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