Can a South Carolina firm hire a lawyer who was disbarred in another state to do legal research and paralegal work?

Plain-English summary

The inquiry asked whether a South Carolina firm or attorney could hire a non-member of the South Carolina Bar, a former attorney in another state who had been disbarred there, to do legal research and other paralegal work.

The committee answered no and pointed to South Carolina Appellate Court Rule 413, paragraph 42 (Employment of Resigned or Disciplined Attorneys). It quoted that rule: when an attorney has resigned for reasons related to ethical conduct, or has been suspended or disbarred by order of the Court, the attorney may not be employed by a member of the South Carolina Bar as a paralegal, investigator, or in any other capacity connected with the practice of law. The rule subjects a licensed attorney who knowingly employs such a person to discipline, and provides that a suspended, disbarred, or resigned attorney who accepts such employment is deemed in contempt of the Court. The committee included the rule's renumbering history (former Rule on Disciplinary Procedure redesignated SCACR 405 effective September 1, 1990, then renumbered SCACR 413 without change).

Currency note

This opinion was issued in 1992, before the South Carolina Bar's adoption of the 2005 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a South Carolina firm hire a disbarred attorney to do paralegal or research work?

A: The committee said no. SCACR 413, paragraph 42 bars employing a disbarred, suspended, or resigned attorney as a paralegal, investigator, or in any capacity connected with the practice of law.

Q: Does it matter that the lawyer was disbarred in another state, not South Carolina?

A: The committee applied the rule to a former out-of-state attorney disbarred there, concluding the firm could not employ that person in a role connected with the practice of law.

Q: What is the consequence of violating the rule?

A: Per the rule the committee quoted, a licensed attorney who knowingly employs such a person is subject to discipline, and the disbarred, suspended, or resigned attorney who accepts the employment is deemed in contempt of the Court.

Background and rules framework

The opinion rested on South Carolina Appellate Court Rule 413, paragraph 42, a court rule on employment of resigned or disciplined attorneys, rather than on a numbered Rule of Professional Conduct. The rule prohibits a South Carolina lawyer from employing a disbarred, suspended, or resigned attorney in any capacity connected with the practice of law.

Citations and references

Other authority:

• South Carolina Appellate Court Rule 413, paragraph 42 (Employment of Resigned or Disciplined Attorneys): a disbarred, suspended, or resigned attorney may not be employed by a South Carolina Bar member as a paralegal, investigator, or in any other capacity connected with the practice of law.

See also

• ABA Ethics Op. 506: Responsibilities Regarding Nonlawyer Assistants
• KY Bar Ethics Op. E-336: A Suspended Lawyer Serving as a Paralegal

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-92-20/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.

Ethics Advisory Opinion 92-20

Can a S.C. law firm/attorney hire a non-S.C. Bar member, who was formerly an attorney in another state and was disbarred from practice in that state, to do legal research and other paralegal work?

Opinion:
No. See SCAR 413, paragraph 42 (set forth below).

South Carolina Appellate Court Rule 413, Paragraph 42: Employment of Resigned or Disciplined Attorneys:

When an attorney has resigned for reasons related to a branch of ethical conduct (hereinafter referred to as "resigned") or has been suspended or disbarred pursuant to an order of the Court, he may not be employed by a member of the Bar of South Carolina as a paralegal, investigator or in any other capacity connected with the practice of law. Any licensed attorney who, with knowledge of a person's status as a suspended, disbarred or resigned attorney, employs such person in manner prohibited by this Rule shall be subject to discipline. Any suspended, disbarred or resigned attorney who accepts such employment shall be deemed in contempt of the Court and punished accordingly.

(Note) Former Rule on Disciplinary Procedure was redesignated South Carolina Appellate Court Rule 405 by Order of the Supreme Court on January 10, 1990, and was to become effective September 1, 1990. Subsequently, by Order of the Supreme Court of South Carolina on August 6, 1990, SCACR 405 was renumbered SCACR 413 without change.