H 3872 Session 117 (2007-2008)
H 3872 General Bill, By F.N. Smith
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
14-8-300 SO AS TO PROVIDE THAT AN APPEAL OF A FEE DISPUTE BETWEEN A CLIENT AND
AN ATTORNEY MUST BE HEARD DE NOVO AND TO ALLOW AN ATTORNEY TO REIMBURSE FEES
TO A CLIENT WHILE FEE DISPUTE LITIGATION IS PENDING OR DURING THE FEE DISPUTE
LITIGATION.
04/12/07 House Introduced and read first time HJ-9
04/12/07 House Referred to Committee on Judiciary HJ-9
H. 3872
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-8-300 SO AS TO PROVIDE THAT AN APPEAL OF A FEE DISPUTE BETWEEN A CLIENT AND AN ATTORNEY MUST BE HEARD DE NOVO AND TO ALLOW AN ATTORNEY TO REIMBURSE FEES TO A CLIENT WHILE FEE DISPUTE LITIGATION IS PENDING OR DURING THE FEE DISPUTE LITIGATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article III, Chapter 8, Title 14 of the 1976 Code is amended by adding:
"Section 14-8-300. When a fee dispute between a client and an attorney is appealed to the court of appeals or the Supreme Court, the court shall hear the full controversy de novo and render judgment in accordance with the law and the facts as to all issues before the court regarding the fee dispute matter. In addition and notwithstanding another provision of law, an attorney may reimburse a fee in dispute, in whole or in part, while the fee dispute litigation is pending or at any point during the litigation."
SECTION 2. This act takes effect upon approval by the Governor.
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