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The Atrium, 140 Stoneridge Drive, Suite 670, Columbia, SC 29210 
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June 1, 2018

South Carolina has strict laws governing how a licensed title insurance underwriter may divide the premiums when preparing title insurance in South Ca...

June 1, 2018

It is vital that you have a South Carolina licensed attorney supervise your real estate closing in South Carolina. South Carolina is an “attorney clos...

June 1, 2018

So, you want to buy a business, tune it up, increase its profit margin, and add some value to your life. The question is, how should you buy it? Shoul...

June 13, 2017

What’s the big deal?  South Carolina’s Unauthorized Practice of Law (UPL) Issues in Commercial Real Estate Transactions.

            So what if you do...

April 5, 2017

What “Attorney Closing State” Means in South Carolina 

Many of our clients are out of state law firms or national commercial title offices handling com...

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REFERENCES:

Defining the Practice of Law in South Carolina:

State v. Buyers Service Co. Inc., 292 S.C. 426, 357 S.E.2d 15 (1987)

Doe v. McMaster, 355 S.C. 306 586 S.E.2d 773 (2003)

Doe Law Firm v. Richardson, 371 S.C. 14, 636 S.E.2d 866 (2006)

 

Lender Barred from enforcing mortgage because no SC attorney supervision:

Matrix Financial Services Corp. v. Frazer, 394 S.C. 134, 714 S.E.2d 532 (2011)

 

Defining the Unauthorized Practice of Law (UPL) in South Carolina:

-  South Carolina Supreme Court regulates the practice of law.  (SC Constitution, Article V. §4, South Carolina Code Ann. §40-5-10)

-  South Carolina Supreme Court licenses attorneys.  (SC Code Ann. §40-5-220)

-  South Carolina Supreme Court may adopt rules that define and regulate the practice of law.  (SC Code Ann. 40-5-20)

-  The Practice of law without a license is a felony carrying a penalty of $5,000.00 and/or 5 years in prison.  (SC Code Ann. §40-5-310)