An Association Must Be Represented by a Licensed Attorney
Posted by Ryan McCabe at 5/13/2009 3:46 PM 
Categories: Condominium Association,Property Owners Association,Homeowners Association,Common-Interest Community Association,Legal Representation,SC HOA Law,Covenant Enforcement
Categories: Condominium Association,Property Owners Association,Homeowners Association,Common-Interest Community Association,Legal Representation,SC HOA Law,Covenant Enforcement
Section 40-5-320 of South Carolina Code of Laws Annotated makes it unlawful for corporations and voluntary associations to "practice or appear as an attorney at law for a person other than itself in a court in this State or before a judicial body." S.C. Code Ann. Section 40-5-320(A)(1).
South Carolina Supreme Court clarified the statute in Renaissance Enterprises, Inc. v. Summit Teleservs., Inc., 334 S.C. 649 (1999). The issue presented before the Court was "[w]hether a non-lawyer can represent a corporation in circuit and appellate courts." Id. at 651. Specifically, the question was whether a corporation's officer or designated employee may represent the corporation if he or she is not licensed to practice law in South Carolina.
The Court noted that a corporate non-lawyer agent may represent the corporation in small claims actions only. Id. at 652. South Carolina Administrative Court Rule 405 authorizes a non-lawyer corporate officer, agent, or employee to represent the business in civil magistrate's court proceedings. Id. at 651. However, the Supreme Court found that no such authorization is granted in circuit and appellate courts within our state. Id. at 653.
Therefore, an association's director or any other of its agents may not offer legal representation on behalf of the association unless he or she is authorized to practice law in South Carolina. Doing so without an attorney license would constitute unlawful practice of law and subject the association representative to civil liability.
This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.
Comments