South Carolina General Assembly

117th Session, 2007-2008

S. 258

STATUS INFORMATION

General Bill

Sponsors: Senator Reese

Document Path: l:\council\bills\gjk\20047sd07.doc

Introduced in the Senate on January 9, 2007

Currently residing in the Senate Committee on Labor, Commerce and Industry

Summary: Pro bono activities

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/9/2007SenateIntroduced and read first time SJ143

1/9/2007SenateReferred to Committee on Labor, Commerce and IndustrySJ143

VERSIONS OF THIS BILL

1/9/2007

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:

SECTION1.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.”

SECTION2.This act takes effect upon approval by the Governor.

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