H 4819

South Carolina General Assembly
126th Session, 2025-2026
Bill 4819
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"UNAUTHORIZED PRACTICE OF LAW PREVENTION ACT" BY ADDING ARTICLE 9 TO CHAPTER 5,
TITLE 40 SO AS TO PROHIBIT UNLICENSED INDIVIDUALS FROM PROVIDING LEGAL SERVICES
FOR COMPENSATION, TO PROVIDE DEFINITIONS, TO ESTABLISH CRIMINAL PENALTIES, AND
TO PROVIDE FOR CIVIL ENFORCEMENT, INJUNCTIVE RELIEF, AND THE DISGORGEMENT OF
COMPENSATION RECEIVED IN VIOLATION OF THIS ARTICLE, AMONG OTHER THINGS.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "Unauthorized Practice of Law Prevention
Act."
SECTION 2.  Chapter 5, Title 40 of the S.C. Code is amended by
adding:
Article 9
Unauthorized Practice of Law Prevention
    Section
40-5-910.  For purposes of this article:
    (1) "Legal
services" means providing advice, counsel, or assistance on matters involving
the law or legal rights including, but not limited to:
       (a)
drafting, completing, or preparing legal documents such as pleadings,
settlement agreements, parenting plans, separation agreements, or court filings;
       (b)
advising an individual regarding his or her legal rights, remedies, or
obligations;
       (c)
representing or purporting to represent another person in any legal
negotiation, mediation, arbitration, or proceeding; or
       (d)
advertising, holding oneself out, or implying the ability to perform any of the
foregoing services.
    (2) "Compensation"
means any fee, payment, donation, retainer, or thing of value received directly
or indirectly for providing services.
    (3) "Drafting,
completing, or preparing" includes editing, reviewing, selecting, recommending,
or customizing language for any legal document, whether typed, handwritten,
templated, or completed in whole or in part by the non-attorney.
    (4) "Licensed
attorney" means an attorney duly licensed and admitted to practice law in the
State of South Carolina and in good standing with the South Carolina Bar.
    (5) "Unauthorized
person" means any person or entity that is not a licensed attorney in South
Carolina and who provides, advertises, or offers legal services to another for
compensation.
    Section
40-5-920.  (A) In addition to the
provisions of Article 5, it is unlawful for any unauthorized person to:
       (1)
draft, complete, or prepare any parenting plan, separation agreement,
settlement agreement, court pleading, or other legal document on behalf of
another for compensation;
       (2)
provide legal advice, strategy, or guidance on divorce, custody, visitation,
support, or other family law matters for compensation;
       (3)
represent themselves in advertising, websites, or social media as a custody
coach, family law consultant, legal coach, or any title suggesting authority or
expertise to provide legal services in family law;
       (4)
offer guidance on what to say, request, argue, or present in any legal
proceeding that constitutes legal advice;
       (5)
create, sell, customize, or distribute templates, worksheets, guided forms, or
questionnaires intended for use as legal documents in family court;
       (6)
provide case-specific recommendations, interpretations, or suggested courses of
action that constitute legal advice; or
       (7)
engage in, or attempt to engage in, the practice of law as defined by the South
Carolina Supreme Court without a valid license.
    (B)(1) Provision of divorce coaching by an
individual certified by a nationally recognized divorce coach program does not
constitute the practice of law under this article, provided that the
individual:
  (a)
does not provide legal advice, interpret law, draft legal documents other than
those permitted for self-represented litigants, or represent any person in a
legal proceeding;
  (b)
provides services limited to education, organization, communication support,
goal-setting, and guidance on the nonlegal aspects of separation and divorce
for which he received training as part of his certification process;
  (c)
does not engage in any of the prohibited activities in subsection (A); and
  (d)
clearly discloses in writing to each client that the coach is not an attorney
and may not provide legal advice.
       (2)
Nothing in this subsection authorizes a divorce coach to engage in any activity
that constitutes the practice of law under South Carolina law.
    (C) If
the notice provided in item (1)(d), any advertisement, or any other
communication by an unauthorized person expressly disclaims that the person is
not a licensed attorney in this State, the disclaimer does not:
       (1)
provide a defense to, or immunity from, any enforcement action, civil
liability, or criminal penalty arising from engaging in the unauthorized
practice of law or any action prohibited in this article; or
       (2)
cure, mitigate, or otherwise excuse conduct that would constitute the
unauthorized practice of law if performed by a nonlawyer.
    (D)
Each act of providing or advertising unauthorized legal services constitutes a
separate offense.
    Section
40-5-930.  (A) An attorney licensed
to practice law in this State who knows or reasonably should know that a person
has engaged in conduct constituting the unauthorized practice of law under this
article shall report the conduct in writing to the Office of Disciplinary
Counsel within fifteen days after acquiring such knowledge.
    (B) Upon
receiving a report under this section, the Office of Disciplinary Counsel
shall, within ten days, refer the matter and all supporting documentation to
the Office of the Attorney General for investigation and enforcement under this
article.
    (C) The
Office of the Attorney General shall open an investigation into each referral
made under this section and may take any enforcement action authorized by this
article, including injunctive relief, civil penalties, restitution,
disgorgement, or criminal prosecution.
    (D) A
report made under this section, including the disclosure of any document,
template, parenting plan, agreement, communication, or material prepared by an
unauthorized person, does not violate the attorney-client privilege or Rule 1.6
of the South Carolina Rules of Professional Conduct. Such disclosure is deemed
a permitted disclosure required by law for purposes of Rule 1.6(b)(6) and does
not constitute a waiver of privilege for any other purpose.
    (E)(1) The exception in subsection (D) is
limited to the disclosure of information reasonably necessary to:
  (a)
identify the unauthorized person or entity;
  (b)
describe the unauthorized services provided; and
  (c)
provide copies of materials created, drafted, edited, completed, or supplied by
the unauthorized person.
       (2)
The reporting attorney may not disclose privileged or confidential client
information beyond what is permitted in this subsection.
    (F) A
report made pursuant to this section does not create, imply, or establish an
attorney-client relationship between the reporting attorney and any person
involved in the underlying unauthorized conduct.
    Section
40-5-940.  (A) A person who violates
this article is guilty of a misdemeanor and, upon conviction, must be fined not
more than one thousand dollars or imprisoned for not more than one year, or
both, for each offense.
    (B) A
second or subsequent offense within five years constitutes a felony, punishable
by a fine of not more than five thousand dollars or imprisonment for not more
than five years, or both.
    Section
40-5-950.  (A) The Attorney General
or any solicitor of competent jurisdiction may bring a civil action in circuit
court to enjoin any violation of this article.
    (B) In
addition to the provisions of subsection (A), the Attorney General may issue an
immediate cease-and-desist order upon reasonable cause to believe a violation
has occurred.
    (C) In
addition to injunctive relief, the court may:
       (1)
impose civil penalties of up to five thousand dollars per violation;
       (2)
order restitution to affected consumers; and
       (3)
award reasonable attorney's fees and costs to the State.
    (D) In
a civil action under this article, a person or entity found to have engaged in
the unauthorized practice of law must disgorge all fees, payments, donations,
or other compensation received, directly or indirectly, from such conduct.
Disgorged funds shall be applied first to restitution for affected consumers
and any remainder deposited in the South Carolina Bar Foundation or a fund
designated for enforcement of unauthorized practice of law violations.
Disgorgement is mandatory, in addition to any civil, criminal, or other
sanction, and inability to pay does not limit the court's authority to order
injunctive or other relief.
    (E)
The remedies provided in this article are cumulative and do not preclude any
other remedies available under law.
    Section
40-5-960.  This article does not prohibit:
    (1)
individuals representing themselves pro se in a legal matter;
    (2)
licensed mediators conducting court-approved mediation without giving legal
advice;
    (3)
life coaches or counselors providing emotional or practical support without
preparing legal documents or advising on legal rights;
    (4)
paralegals, legal assistants, or law firm staff performing legal work under the
direct supervision of a licensed South Carolina attorney, including billing for
their time through a law firm as part of attorney-supervised representation;
    (5)
activities expressly authorized by statute, such as notarial acts or real
estate transactions permitted under existing law; or
    (6)
guardians ad litem acting with their scope of duty.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on December 17, 2025 at 01:55 PM