South Carolina UPL Statute Summary
SC Code of Laws, Section §40-5-310. Practicing law or soliciting legal cause of another without being enrolled as member of South Carolina Bar.
No person may either practice law or solicit the legal cause of another person or entity in this State unless he is enrolled as a member of the South Carolina Bar pursuant to applicable court rules, or otherwise authorized to perform prescribed legal activities by action of the Supreme Court of South Carolina. The type of conduct that is the subject of any charge filed pursuant to this section must have been defined as the unauthorized practice of law by the Supreme Court of South Carolina prior to any charge being filed. A person who violates this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
HISTORY: 1962 Code Section 56-141; 1952 Code Section 56-141; 1942 Code Section 312; 1932 Code Section 312; Civ. P. '22 Section 268; Civ. C. '12 Section 3908; Civ. C. '02 Section 2811; G.S. 2159; R. S. 2287; 1721 (7) 173; 1995 Act No. 7, Part II, Section 59; 2009 Act No. 38, Section 1.
In General Complaints are not taken seriously by law enforcement officials. Typically the AG-office (actually responsible along with local law enforcement agencies) points people filing a complaint to the consumer protection agency, which does not enforce UPL (only consumer fraud aspects). Law enforcement cites two obstacles to persecution:
- The law requires the specific conduct in advance to defined as the unauthorized practice of law by the Supreme Court of South Carolina. Only few specific conducts are so defined.
- Especially in Immigration UPL cases it is to difficult to (a) get willing and credible witnesses, and (b) obtain jury convictions based on the testimony of foreigners present in the US without authorization.
The is the possibility to bring actions in the original jurisdiction of the SC Supreme Court to declare certain conduct the unlawful practice of law. The SC Supreme Court seems eager to encourage such cases to build a body of case law defining the unlawful practice of law. However, the declaratory judgment only prohibits future conduct of the same kind and typically is only effective against a certain respondent.
S.C. Code Ann. §40-83-30 Registration of Immigration Assistance Service Act – Immigration Services permitted; persons exempt from chapter; required disclosures; penalties; promulgation of regulations
(A) A person who provides or offers to provide immigration assistance service shall perform only the following services:
- Completing a government agency form, requested by the customer and appropriate to the customer's needs only if the completion of that form does not involve a legal judgment for that particular matter;
- Transcribing responses to a government agency form that is related to an immigration matter but not advising a customer as to his or her answers on those forms;
- Translating information on forms to a customer and translating the customer's answers to questions posed on those forms;
- Securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;
- Translating documents from a foreign language into English;
- Notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of South Carolina and is lawfully present in the United States;
- Making referrals, without a fee, to attorneys who could undertake legal representation for a person in an immigration matter;
- Preparing or arranging for the preparation of photographs and fingerprints;
- Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results;
- Conducting English language and civics courses; and
- Performing other services that the director determines by rule may be appropriately performed by such persons in light of the purposes of this chapter.
(E) A person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least twelve inches by seventeen inches and shall contain the following statement:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
(F) Each person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, must include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous font size, if in writing, and shall state:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
If an advertisement is by radio or television, the statement may be modified but must include substantially the same information.
(G) A person who provides or offers immigration assistance service and who is not exempted pursuant to the provisions of this chapter may not literally translate from English into another language any document, advertisement, stationery, letterhead, business card, or other comparable written material terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or another term that implies the person is an attorney.
(H) A person engaged in providing immigration services who is not exempted under this chapter may not:
- Accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law;
- Refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer;
- Represent or advertise, in connection with providing assistance in immigration matters, other titles or credentials, including, but not limited to, "notary public" or "immigration consultant", that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term "notary public" if the use is accompanied by the statement that the person is not an attorney. The term "notary public" may not be translated into another language;
- Provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or
- Make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage.
(I) Violations of this chapter may result in a civil penalty of up to one thousand dollars per violation and the revocation of the business license of the immigration assistance service. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties to include disgorgement and restitution.
(J) Any person who knowingly and wilfully makes a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or anyone who aids or abets a person in knowingly and wilfully making a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. In addition, a person convicted of this subsection must disgorge any benefit received or make restitution, or both, to the agency or political subdivision that administered the benefit or entitlement program. It is a separate violation of this subsection each time a person knowingly and wilfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed pursuant to this subsection. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from any person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs.
Licensing Agency UPL Awareness
The Secretary of State Office is aware of UPIL issues but has little enforcement rights and budget.
The Secretary of State Office has volunteer training sessions for Notary Public, were they inform about the illegality and potential criminal consequences of UPL. The secretary of state office typically invites speakers from the SC Bar UPL Committee to highlight those issues.
Enforcement Mechanisms/Complaint Processes for UPL
The South Carolina bar association has an UPL committee which tries to raise awareness among stakeholders, and to monitor enforcement action of law enforcement agencies. The bar asks victims to file their complaints directly with the Attorney General or local law enforcement agencies accompanied with an information filing with the UPL committee.
The only direct enforcement action occasionally directly taken by the UPL Committee is the issuance of a letter of caution for suspected UPL. The AILA UPL Liaison and another immigration attorney from a local Non-profit Organization for Immigrants are on the SC Bar UPL Committee and provided, continuous reminders of the relevant UPIL issues.
The AG has a representative on the SC Bar UPL Committee and are consequently continuously informed about the issue. However, budget restraints, a political environment generally hostile to government licensing requirements, and the low likelihood to obtain jury convictions in this area (lack of credible witnesses that would convince a jury) make it hard for law enforcement agencies and the AG to allocate to much resources. Recently, however, the AG office seems more likely to issue letters of caution to suspected violators, which at least disrupt their practices.
The SC Department of Labor, Licensing and Regulation is supposed to monitor the required registration by immigration assistance services, and their required non-attorney disclaimer in any advertisement. They also only allocate very little resources to those efforts but seemingly follow up if they receive complaints of specific violations. However, that typically only results in the registration and licensing of the UPL violators, giving them more cloud. However, after letters of caution from the SC Department of Labor, Licensing and Regulation to licensed immigration assistance services, they typically include the disclaimer in later advertisements, bringing the issues to the attention of their potential customers. The maximum fine for immigration assistance services to practice without respective license from the SC Department of Labor, Licensing and Regulation (basically a pure registration requirement) is only $1000 and to my knowledge no fines have ever been issued. The only enforcement action here seemingly are letters of caution requesting registration and/or the advertisement disclaimer.
South Carolina has a Crime Victims' Compensation Fund to help citizens with costs related to injuries received in a crime, see here. However, qualification requirements for assistance and low UPL criminal enforcement activity make it unlikely for victims of UPL to qualify. No cases of actual assistance are known to me.
For more information about Unauthorized Practice of Law, you may access this link.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in South Carolina, you may contact the South Carolina Judicial Department here. All complaints must be submitted, in writing in person. They do not accept a complaint via the phone or e-mail
Office of Disciplinary Counsel1220 Senate Street
Suite 309
Columbia, South Carolina 29201
Tel: (803) 734-2038
Fax: (803) 734-1964
Contact Information for Relevant Agencies
South Carolina Bar:
South Carolina BarUnauthorized Practice of Law Committee
P.O. Box 608
Columbia, SC 29202
Tel: (803) 799-6653
Fax: (803) 799-5290
Attorney General:
The Honorable Alan WilsonP.O. Box 11549
Columbia, S.C. 29211 Office Location:
Rembert Dennis Building
1000 Assembly Street, Room 519
Columbia, S.C. 29201
Information: 1-803-734-3970
Victim Assistance Program: 1-800-213-5652
Notary Public
South Carolina Secretary of State’s Office1205 Pendleton Street, Suite 525
Columbia, SC 29201
Tel: (803) 734-2512
Email: notary@sos.sc.gov
Solicitors’ offices:
Solicitor - 1st Judicial Circuit- Calhoun, Dorchester, Orangeburg counties
Solicitor - 2nd Judicial Circuit- Aiken, Bamberg, and Barnwell Counties
Solicitor – 3rd Judicial Circuit - Lee, Sumter, Clarendon, and Williamsburg Counties
Solicitor - 4th Judicial Circuit - Chesterfield, Marlboro, Darlington, Dillon counties.
Solicitor - 5th Judicial Circuit - Richland and Kershaw counties
Solicitor - 6th Judicial Circuit - Chester, Lancaster, and Fairfield counties
Solicitor - 7th Judicial Circuit - Cherokee and Spartanburg counties
Solicitor - 8th Judicial Circuit - Abbeville, Greenwood, Laurens, and Newberry counties
Solicitor - 9th Judicial Circuit - Berkeley and Charleston counties
Solicitor - 10th Judicial Circuit - Anderson and Oconee counties
Solicitor - 11th Judicial Circuit - Edgefield, Lexington McCormick, Saluda counties
Solicitor - 13th Judicial Circuit - Greenville and Pickens counties
Solicitor - 12th Judicial Circuit - Florence and Marion counties
Solicitor - 14th Judicial Circuit - Allendale, Beaufort, Colleton, Hampton and Jasper counties
Solicitor – 15th Judicial District - Horry and Georgetown Counties
Solicitor - 16th Judicial Circuit - Union and York counties
One can also contact Local Sheriffs and Police department
Becoming a Notary Public
- Be registered to vote; they need to:
- be a United States citizen;
- be at least 18 years old on or before the next election;
- be a resident of South Carolina,
- declaring a county and precinct;
- not be under a court order declaring mental incompetence;
- not be serving a term of imprisonment resulting from a conviction of a crime; and
- have never been convicted of a felony or offense against the election laws OR if previously convicted, have served an entire sentence including probation or parole, or have received a pardon for the conviction.
- Be able to read and write in English; and
- Submit an application with no significant misstatement or omission of fact
- Carefully type or print legibly all information requested on the top portion of your application and sign in the presence of a notary public. Click on the form name to access the Notary Public Application/Renewal Form.
- If you have a current notary commission and you have changed your name or address since issuance of the commission, you must inform the Secretary of State's Office by filing a Change in Status form within 45 days of the change. A renewal application that indicates a notary has changed his or her name or address will be rejected if a Change in Status form has not been filed.
- If you were previously commissioned as a notary but that commission has expired, your application will be processed as a new application and not as a renewal.
- Attach a $25.00 check or money order payable to “Secretary of State” to your application.
- Mail the application and check or money order to your county delegation for the required signatures. Your delegation office will forward your application and check or money order to the Secretary of State’s Office. Allow your county delegation office two to six weeks processing time. The delegation office must verify the notary applicant's name with the elections commission and obtain the necessary legislative signatures.
- If your county is not listed on the front of the application, forward your application and check or money order to:
P.O. Box 11867
Columbia, SC 29211-1867
After your application is processed, the Secretary of State’s Office will mail your commission to the mailing address provided on your application.
For more information, you may refer to the Notary Public Handbook and other resources. You may use this page for the Notary Public Search tool.
