H 3648 General Bill, By D. Smith, J.M. Baxley, D.W. Beatty, Cotty, 
J.L.M. Cromer, Delleney, Fleming, Harrison, Haskins, J.H. Hodges, T.E. Huff, 
L.H. Limbaugh, J.T. McElveen, Robinson, Sheheen, P.H. Thomas, Wilkins and 
W.J. Young
 A Bill to amend Section 40-5-310, as amended, Code of Laws of South Carolina,
 1976, relating to the unlawful practicing of law without being admitted and
 sworn as an attorney, so as to authorize the Attorney General or appropriate
 solicitor to apply in Circuit Court for injunctive and other relief and to
 provide that a person injured by a violation of the above provisions may bring
 a civil action for damages against the violator.

   02/22/95  House  Introduced and read first time HJ-5
   02/22/95  House  Referred to Committee on Judiciary HJ-5

A BILL

TO AMEND SECTION 40-5-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PRACTICING OF LAW WITHOUT BEING ADMITTED AND SWORN AS AN ATTORNEY, SO AS TO AUTHORIZE THE ATTORNEY GENERAL OR APPROPRIATE SOLICITOR TO APPLY IN CIRCUIT COURT FOR INJUNCTIVE AND OTHER RELIEF AND TO PROVIDE THAT A PERSON INJURED BY A VIOLATION OF THE ABOVE PROVISIONS MAY BRING A CIVIL ACTION FOR DAMAGES AGAINST THE VIOLATOR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 40-5-310 of the 1976 Code, as last amended by Act 7 of 1995, bearing ratification number 585 of 1994, is further amended to read:

"Section 40-5-310. (A) No person may practice or solicit the cause of another person in a court of this State unless he has been admitted and sworn as an attorney. 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.

(B) The Attorney General or solicitor of the circuit wherein a violation of the provisions of this section occurs may in Circuit Court:

(1) bring an action to restrain a person from violating the provisions of this section and for other appropriate relief; and

(2) apply to the court for appropriate temporary relief, pending a final determination.

(C) Nothing herein prevents a person injured by a violation of the provisions of this section from bringing a civil suit for damages against the violator."

SECTION 2. This act takes effect upon approval by the Governor.