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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


South Carolina Legal Ethics

1.17   Rule 1.17 Sale of Law Practice

1.17:100   Comparative Analysis of SC Rule

Primary SC References: SC Rule 1.17
Background References: ABA Model Rule 1.17, Other Jurisdictions
Commentary:

1.17:101      Model Rule Comparison

South Carolina Rule 1.17 generally follows Model Rule 1.17, with the following modifications and differences:

In section 1.17(a)(1) South Carolina has chosen the "geographic area" option.

The time for client objection has been reduced from 90 to 45 days.

South Carolina requires publication in a newspaper of general circulation of notice of the proposed sale. S.C. Rule 1.17(a)(4).

South Carolina has added a section allowing reasonable restrictions on the right of the seller to practice law without violating Rule 5.6. See S.C. Rule 1.17(c).

The comments to S.C. Rule 1.17 generally follow Model Rule 1.17, but with a number of modifications and additions.

1.17:102      Model Code Comparison

There was no counterpart to Rule 1.17 in the Code of Professional Responsibility.

1.17:200   Traditional Rule Against the Sale of a Law Practice

Primary SC References: SC Rule 1.17
Background References: ABA Model Rule 1.17, Other Jurisdictions
Commentary: ABA/BNA 91:801, ALI-LGL 60, Wolfram 16.2.1

[The discussion of this topic has not yet been written.]

1.17:300   Problems in Sale of Practice

Primary SC References: SC Rule 1.17
Background References: ABA Model Rule 1.17, Other Jurisdictions
Commentary: ABA/BNA 91:801, ALI-LGL 60, Wolfram 16.2.1

[The discussion of this topic has not yet been written.]