Policies and Procedures
United States District Court for the District of South Carolina
Rule 2.11: Student Practice.
- Upon the approval of the judge to whom the case is assigned, an eligible law student with the written consent of an indigent and his attorney of record may appear in this Court on behalf of that indigent in any case. Upon the written consent of the United States Attorney or his authorized representative and the consent of the presiding Judge, an eligible law student may also appear in this Court on behalf of the United States. Upon the written consent of the South Carolina Attorney General or his authorized representative and the consent of the presiding Judge, an eligible law student may also appear in this Court on behalf of the State of South Carolina. In each case, the written consent shall be filed with the Clerk of this Court.
- An eligible law student may assist in the preparation of pleadings, briefs and other documents to be filed in this Court, but such pleadings, briefs or other documents must be signed by the attorney of record. He may also participate in court proceedings with leave of the Court, but only in the presence of the attorney of record. He may also participate in court proceedings with leave of the Court, but only in the presence of the attorney of record. The attorney of record shall assume personal professional responsibility for the law student’s work and for supervising the quality of his work. He should be familiar with the case and prepared to supplement or correct any written or oral statement made by the student.
- In order to make an appearance pursuant to this Rule, the law student must:
- Be duly enrolled in a law school approved by the American Bar Association;
- Have completed legal studies amounting to at least four (4) semesters, or the equivalent if the school is on some basis other than a semester basis, be enrolled in a clinical law course, and appear only as a requirement of that course;
- Be certified by the Dean of his law school as being of good character and competent legal ability, which certification shall be filed with the Clerk and may be withdrawn by the Dean at any time by mailing notice to the Clerk;
- Be introduced to the Court by an attorney admitted to practice before this Court;
- Neither ask for nor receive any compensation or remuneration of any kind for his services from the person on whose behalf he renders services, but this shall not prevent an attorney, legal aid bureau, law school, public defender agency, a State, or the United States from making such charges for its services as it may otherwise properly require;
- Certify in writing that he has read and is familiar with the South Carolina Rules of Professional Conduct.
[Amended effective July 12, 1995]
The Supreme Court of South Carolina
SCACR Rule 401 Student Practice Rule
- This Rule is adopted solely in aid of the clinical legal education programs at the University of South Carolina School of Law.
- An eligible law student may appear in any inferior court or before any administrative tribunal on behalf of any indigent person, with that person’s written consent, or on behalf of the State or any of its departments, agencies, institutions, or political subdivisions, with the written approval of the Attorney General. The consent or approval shall be filed in the record of the case and shall be brought to the attention of the judge or the presiding officer. In all cases, a supervising lawyer is required to be personally present throughout the proceeding.
- An eligible law student may engage in other activities, under a lawyer’s general supervision,
but outside the lawyer’s presence, including:
- preparation of the pleadings, briefs and other legal documents to be approved and signed by the supervising lawyer;
- assisting indigent inmates of correctional institutions in preparing applications and supporting documents for post-conviction relief. If there is an attorney of record in the matter, all such assistance must be supervised by that attorney and all documents submitted to the court on behalf of the inmate must be signed by the attorney. Solicitation of representation of indigent inmates shall be a violation of this Rule.
- In order to make an appearance pursuant to this Rule, a law student must:
- be enrolled in the University of South Carolina School of Law;
- have completed the equivalent of four (4) semesters of legal studies;
- be certified by the Dean of the Law School as being of good character and competent legal ability, and as being currently enrolled in a clinical course. The certification shall be filed with the Clerk of the Supreme Court and shall remain in effect for eighteen (18) months or until the announcement of the results of the first Bar examination following the student’s graduation, whichever is earlier. The certification of students who pass the Bar examination shall remain in effect until they are admitted to the Bar. The certification may be withdrawn by the Dean at any time upon written notice to the Clerk or may be terminated by the Supreme Court without notice or hearing and without any showing of cause;
- neither ask for nor receive any compensation or remuneration of any kind for services performed pursuant to this Rule. Nothing in this provision shall be interpreted to prevent the law student from receiving course credit from the law school for his participation in the clinical programs, or to preclude the clinical programs from seeking attorney’s fees where appropriate; and
- certify in writing that the student is familiar with, and will be governed by the Rules of Professional Conduct adopted by the Supreme Court. Any student who violates the Rules of Professional Conduct or fails to abide by the conditions of this Rule shall be subject to disciplinary action by the Supreme Court.
- The supervising lawyer shall be approved by the Dean of the School of Law and shall assume personal professional responsibility for the student’s guidance and for supervising the quality of the student’s work.
This amendment shall become effective immediately.
It is so ordered.
Local Rule 9010-1. Practice Before the Court
This rule shall be construed in conjunction with Local Rules 2.0 and 29.0 of the United States District Court for the District of South Carolina (District Court).
Attorneys admitted to practice under the following classes shall, at a minimum, possess a working knowledge of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure, the Local Bankruptcy Rules of this court, and the appropriate local rules of the District Court.
- Classes of Attorneys Admitted to Practice.
- An attorney who is admitted to practice in the District Court is considered admitted to practice in this court. Proof of such admission shall be reflected by the use of the attorney’s district court identification number on all pleadings, documents, or other papers filed with this court.
- A student enrolled in clinic programs at the University of South Carolina School of Law is admitted to practice as long as the student is enrolled in such programs. All pleadings submitted by a student must be signed by the student and countersigned by the student’s supervising attorney-instructor. In all court appearances, the student must be accompanied by the supervising attorney-instructor. The supervising attorney-instructor shall assume personal professional responsibility for the student’s work and for supervising the quality of the work.
[Effective December 1, 1996.]