Opinion
June 18, 2002.
ORDER
Pursuant to Art. V, § 4 of the South Carolina Constitution, the following amendments are made to Rule 405, SCACR:
1. Rule 405(b)(3)(ii) is amended to read:
(ii) a copy of the certificate is presented to the court or other tribunal.
2. Rule 405(l) and (m) are amended to read:
(l) An attorney granted a limited certificate to practice law under this Rule may, subject to the limitations contained in section (m) below, provide pro bono legal services if the attorney:
(1) is associated with an approved legal services organization which receives, or is eligible to receive, funds from the Legal Services Corporation or is working on a case or project through the South Carolina Bar Pro Bono Program;
(2) performs all activities authorized by this Rule under the supervision of an attorney (Supervising Attorney) who is an active member of the South Carolina Bar employed by, or participating as a volunteer for, the legal services organization or the South Carolina Bar Pro Bono Program and who assumes professional responsibility for the conduct of the matter, litigation, or administrative proceeding in which the attorney participates; and
(3) neither asks for nor receives compensation of any kind for the legal services provided to the client.
(m) In representing a client through an approved legal services organization or the South Carolina Bar Pro Bono Program, the attorney may:
(1) appear in any court or before any tribunal in this State if the client consents, in writing, to that appearance and the Supervising Attorney has given written approval for the appearance. The written consent and approval must be filed with the court or tribunal and must be brought to the attention of the judge or presiding officer prior to the appearance;
(2) prepare pleadings and other documents to be filed in any court or before any tribunal in this State on behalf of the client. Such pleadings shall also be signed by the Supervising Attorney; and
(3) otherwise engage in the practice of law as is necessary for the representation of the client.
These amendments shall be effective July 1, 2002.
s/ Jean H. Toal, C.J.
s/ James E. Moore, J.
s/ John H. Waller, Jr., J.
s/ E.C. Burnett, III, J.
s/ Costa M. Pleicones, J.