South Carolina General Assembly
116th Session, 2005-2006
S. 1371
STATUS INFORMATION
General Bill
Sponsors: Senator Reese
Document Path: l:\council\bills\gjk\21152sd06.doc
Introduced in the Senate on April 25, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Pro bono S.C. Bar activities
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
4/25/2006 Senate Introduced and read first time SJ10
4/25/2006 Senate Referred to Committee on Judiciary SJ10
VERSIONS OF THIS BILL
4/25/2006
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40535 SO AS TO PROVIDE THAT ONEHALF OF THE INTEREST ON FUNDS OF A CLIENT ON DEPOSIT IN A TRUST OR ESCROW ACCOUNT OF AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE MUST BE RETURNED TO THE CLIENT AND ONEHALF MAY BE REMITTED TO THE SOUTH CAROLINA BAR PURSUANT TO THE RULE OF THE SUPREME COURT FOR USE IN PRO BONO BAR ACTIVITIES, TO PROVIDE THAT NOTHING IN THIS SECTION REQUIRES THE PLACING OF CLIENT FUNDS IN AN INTERESTBEARING TRUST OR ESCROW ACCOUNT, AND TO PROVIDE THAT IF THE CLIENT AND ATTORNEY AGREE, ALL INTEREST ACCRUING FROM SUCH AN ACCOUNT SHALL BELONG TO THE CLIENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 40 of the 1976 Code is amended by adding:
“Section 40535. (A) Onehalf of the interest on funds of a client on deposit in a trust or escrow account of an attorney licensed to practice law in this State must be returned to the client and onehalf may be remitted to the South Carolina Bar pursuant to the rule of the Supreme Court for use in pro bono bar activities.
(B) Nothing in this section requires the placing of client funds in an interestbearing trust or escrow account. If the client and attorney agree, all interest accruing from such an account shall belong to the client.”
SECTION 2. This act takes effect upon approval by the Governor.
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