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Article I. Membership
Section 1.1 Classes of Mem­ber­ship.
Membership classes of the South Caro­li­na Bar are defined by Rule 410 (h), SCACR: Regular, Inactive, Judicial, Judicial Staff, Military, Administrative Law Judge, and Retired Members, Limited Member - Rule 405, Limited Member - Rule 414 and Limited Member - Rule 415. Mem­ber­ship sta­tus is de­ter­mined as of Jan­u­ary 1 each year. A member may change class as set forth in Rule 410, SCACR.

Section 1.2 Fees.
(a) The annual license fees are
set forth in Rule 410(j), SCACR.
(b) Retired mem­bers shall by February 1 notify the Bar through the Attorney Information System or otherwise in writing of his then current address whether or not there has been a change.
(c) License fees are due and pay­able on the first day of January. Per­sons who be­come members of the Bar after the first day of Jan­u­ary but be­fore the first day of July shall pay on or before July 1 the fees specified under Rule 410(n).
(d) Any member who fails to pay the required license fee on or before January 31 shall be assessed a penalty as set forth in Rule 410(m). If a member pays before February 1 and that check is returned to the Bar after January 31 for any reason, the same penalty will be assessed.
(e) Administrative suspensions shall be governed by Rule 419, SCACR.

Section 1.3 Membership Reg­is­ter.
(a) The Attorney Information System shall be the source of enrollment information for members.
(b) The Board of Governors shall prescribe such additional information which shall be collected upon enrollment.
(c) The mailing and email address appearing on the Attorney Information System shall be the official address of the member for all purposes of the Bar including the giving of notice and for the purpose of eligibility to vote and election to office.

Section 1.4 Privileges of Mem­bers.
(a) Regular members, judicial staff members and limited license mem­bers admitted under Rule 405 and Rule 414, while in good standing as defined in Rule 410(i), SCACR, shall be el­i­gi­ble—
(1) to vote in the election of or serve as a member of the Board of Governors or as a circuit del­e­gate in the House
of Del­e­gates;
(2) to vote on any matter before the As­sem­bly or on any matter which is the subject of a ref­er­en­dum di­rect­ed to the mem­ber­ship; and
(3) to serve as voting members of com­mit­tees, boards, task forces, commissions, divisions and sections.
(b) Judicial, military and administrative law judge members, while in good standing as defined in Rule 410(i), SCACR, are entitled—
(1) to attend meetings of the As­sem­bly and to participate with­out vote in its de­lib­er­a­tions;
(2) to serve as nonvoting mem­bers of com­mit­tees, boards, task forces, commissions, divisions and sections; and
(3) to receive all notices and pub­li­ca­tions of the Bar except no­tic­es re­lat­ing to elec­tions and mat­ters upon which only regular mem­bers may act.
(c) Inactive, limited license members admitted under Rule 415 and retired mem­bers, while in good standing as defined in Rule 410(i), SCACR, shall have the same privileges as do judicial mem­bers except that they shall not be en­ti­tled to receive any notices or pub­li­ca­tions except the South Caro­li­na Law­yer un­less they shall request the Sec­re­tary in writing that they be sent the other notices to which ju­di­cial mem­bers are en­ti­tled.

Article II. Circuit Delegates
Section 2.1 Nomination and ­Election.
Delegates from odd-num­bered cir­cuits shall be elected in even-num­bered years and del­e­gates from even-num­bered cir­cuits shall be elect­ed in odd-num­bered years. On or before the fif­teenth day of January, ten or more regular mem­bers re­sid­ing in the circuit from which one or more del­e­gates are to be elected may file with the Board of Gov­er­nors, which shall serve as a board of elec­tors, a signed pe­ti­tion nom­i­nat­ing a can­di­date, or can­di­dates, for cir­cuit del­e­gate from that cir­cuit. The Board of Gov­er­nors shall there­upon cause the name of each nom­i­nee to be pub­lished or oth­er­wise dis­trib­ut­ed to all mem­bers. If the num­ber of per­sons nom­i­nat­ed does not exceed the num­ber of del­e­gates to be elect­ed from a circuit, the Board of Gov­er­nors shall declare the nom­i­nees elect­ed. If few­er per­sons are nom­i­nat­ed than there are del­e­gates to be elect­ed, the Board of Gov­er­nors shall choose a suf­fi­cient num­ber of nom­i­nees to con­sti­tute a full slate. If the num­ber of nom­i­nees exceeds the num­ber of del­e­gates to be elect­ed from a cir­cuit, the Board of Gov­er­nors shall on or before the fif­teenth day of Feb­ru­ary pre­pare bal­lots bear­ing the names of the nom­i­nees and shall cause a ballot to be mailed to each regular member, judicial staff member, limited member - Rule 405 and limited member - Rule 414 mem­ber re­sid­ing in such cir­cuit. In order to be ef­fec­tive, each ballot shall be duly marked and returned to the Board of Gov­er­nors not later than the fif­teenth day of March. On that date the bal­lot­ing for the elec­tion of circuit del­e­gates shall be closed and the Board of Governors shall pro­ceed to count the bal­lots and de­ter­mine, an­nounce, and pub­lish the re­sults of such elec­tion. Where there is only one circuit del­e­gate to be elect­ed from a ju­di­cial cir­cuit, the nom­i­nee receiving the great­est num­ber of votes shall be de­clared. Where there are more than one cir­cuit del­e­gate to be elect­ed from a ju­di­cial cir­cuit, those nom­i­nees re­ceiv­ing the great­est num­ber of votes shall be de­clared elect­ed until all po­si­tions are filled. In the event of a tie vote, the Board of Gov­er­nors shall de­clare the pro­ce­dure to be fol­lowed to de­ter­mine the nom­i­nee or nom­i­nees elect­ed.

Section 2.2 Nomination and Elec­tion of Out-of-State Del­e­gates. The out-of-state delegates shall be elected in even num­bered years to serve for a term of two years. Nom­i­na­tions for out-of-state del­e­gates may be made by petitions signed by ten or more regular members who reside either ­within or without the state of South Caro­li­na. Ballots for out-of-state del­e­gates shall be sent to and cast by only regular mem­bers who re­side without the state.
The provision of Section 2.1 re­lat­ing to the nomination and elec­tion of cir­cuit del­e­gates shall apply to the nom­i­na­tion and elec­tion of the out-of-state del­e­gates ex­cept insofar as such pro­vi­sions are in conflict with the pro­vi­sions of this Sec­tion 2.2.

Section 2.3 Vacancies. In the event of a vacancy in the position of ­circuit or out-of-state delegate, the Board of Gov­er­nors shall fill the va­can­cy for the remain­der of the un­ex­pired term. A vacan­cy occurs when a member is no long­er a regular mem­ber or the mem­ber’s res­i­dence chang­es to anoth­er cicuit.

Article III. Meetings
Section 3.1 Meeting Pro­gram.
The pro­gram at all meetings of the Bar shall be supervised by the Board of Gov­er­nors.

Section 3.2 Limit on Debate. No mem­ber shall, in discussion or de­bate at meet­ings of the As­sem­bly or the House of Del­e­gates, speak more than ten min­utes at a time or more than twice on one subject.

Section 3.3 Privileges of the Floor. At any meeting of the As­sem­bly or the House of Del­e­gates dis­tin­guished guests may, on motion duly passed, be ex­tend­ed the priv­i­leg­es of the floor.

Section 3.4 Parliamentary Rules. Rob­erts Rules of Order shall govern all meet­ings of the As­sem­bly and the House of Delegates ex­cept as is oth­er­wise pro­vid­ed in the Con­sti­tu­tion and these By­laws.

Section 3.5 Amendments. Amendments proposed to matters before the Assembly or House of Delegates shall be submitted in writing to the person presiding over the ­meeting on the proposal.

Article IV. Resolutions
Section 4.1 General.

(a) A resolution which is offered to the Assembly shall be in writing, con­cise, and, including its pre­am­ble, lim­it­ed to no more than three hun­dred words. If it sup­ports or op­pos­es ex­ist­ing or pro­posed leg­is­la­tion, it shall be accom­pa­nied by a copy of the ­measure con­cerned or by a sum­ma­ry of its pro­vi­sions.
(b) Between meetings, a res­o­lu­tion may be filed with the Sec­re­tary. Dur­ing a meet­ing, a res­o­lu­tion may be offered only at the first session of the As­sem­bly.

Section 4.2 Restrictions on Res­o­lu­tions. Neither the As­sem­bly, the House of Delegates, nor any com­mit­tee, sec­tion, division, task force, board or com­mis­sion shall con­sid­er a res­o­lu­tion com­pli­men­ta­ry to an of­fic­er or mem­ber. The Board of Gov­er­nors may, how­ev­er, make an award or grant a ci­ta­tion to an officer or mem­ber or other per­son for ser­vic­es per­formed, a pa­per read, or an ad­dress de­liv­ered. The Board may approve criteria by which a committee, division or section may recognize such person.

Section 4.3 Publication. Only ­resolu­tions which have been adopt­ed by the As­sem­bly need to be pub­lished in the pro­ceed­ing of the meet­ing.

Article V. Reports and Recommendations
Section 5.1 Transmittal and Calendar­ing.
The Board of Gov­er­nors shall trans­mit to the House of Del­e­gates, in the manner pre­scribed by the House, the re­ports of di­vi­sions, sections, com­mit­tees, boards, task forces, and com­mis­sions with any rec­om­men­dations or com­ments which the Board may have. The Board may also have such re­ports placed on the cal­en­dar of the As­sem­bly.

Section 5.2 Organization Ac­tion. A re­port or rec­om­men­da­tion of a division, section, com­mit­tee, board, task force, or commission becomes the action of the Bar only if it is ap­proved by the House of Del­e­gates or the Board of Gov­er­nors.

Article VI. Representation of the Bar
Section 6.1 Rep­re­sen­ta­tion.
The Pres­i­dent or his designee shall ex­press the policy of the Bar as de­ter­mined by the House of Del­e­gates or the Board of Gov­er­nors. No other member or em­ploy­ee may represent the Bar or a di­vi­sion, sec­tion, com­mit­tee, board, task force, or com­mis­sion be­fore a leg­is­la­tive body, court or gov­ern­men­tal agency, un­less spe­cif­i­cal­ly au­tho­rized by the House of Del­e­gates or the Board of Gov­er­nors.

Section 6.2 Briefs. If rep­re­sen­ta­tion of the Bar requires the filing of a brief, it shall be re­viewed by the Board of Gov­er­nors or its des­ig­nees and ap­proved by the Board before it is filed.

Section 6.3 Personal Views of Mem­bers. Any member who, when making public ut­ter­ance, permits ­himself to be iden­ti­fied as having an offi­cial con­nec­tion with the Bar or one of its divisions, sec­tions, com­mit­tees, boards, task forc­es, or com­mis­sions shall, if the pol­i­cy of the Bar on the subject matter of the utterance has been de­ter­mined by the House of Del­e­gates or Board of Gov­er­nors, fairly state that pol­i­cy and, if he ex­press­es views at vari­ance with it, clear­ly identify the vari­ance as his per­son­al views only. If there has not been, or if he has no knowl­edge of, any such policy de­ter­mi­na­tion, he shall nev­er­the­less identify his ut­ter­ance as his per­son­al views.

Section 6.4 In­dem­ni­fi­ca­tion. The Bar shall indemnify each member of the House of Del­e­gates, member of the Board of Gov­er­nors, em­ploy­ee and agent who is or is threat­ened to be made a party of any action, pro­ceed­ing or suit, wheth­er ad­min­is­tra­tive, civil, crim­i­nal, or in­ves­ti­ga­tive (other than any action pro­ceed­ing by or in behalf of the Bar) by reason of the fact that he is or was a member of the House of Del­e­gates, mem­ber of the Board of Gov­er­nors, em­ploy­ee or agent of the Bar, or is or was serving at the request of the Bar in such ca­pac­i­ty of the Bar, against ex­pens­es (in­clud­ing at­tor­neys’ fees), fines, judg­ments, and amounts paid in set­tle­ment ac­tu­al­ly and rea­son­ably incurred by him in con­nec­tion with any such action, pro­ceed­ing or suit if he acted in good faith and in a man­ner he rea­son­ably be­lieved to be in or not opposed to the best interests of the Bar and, with re­spect to any crim­i­nal action or pro­ceed­ing, had no rea­son­able cause to believe his con­duct was un­law­ful. The ter­mi­na­tion of any such action, pro­ceed­ing or suit by ­judgment, or­der, set­tle­ment, con­vic­tion, or a plea of nolo contendere, or its equiv­a­lent, in and of itself, shall not cre­ate a pre­sump­tion that he did not act in good faith and in a manner rea­son­ably be­lieved to be in or not op­posed to the best interests of the Bar, and, with re­spect to any ­criminal action or pro­ceed­ing, had ­reason­able cause to be­lieve the con­duct was un­law­ful. In the dis­cre­tion of the Board, the Bar may make advanc­es before fi­nal dis­po­si­tion of any such action, pro­ceed­ing or suit in respect of in­dem­ni­fi­ca­tion. The Bar may pur­chase and main­tain in­sur­ance on behalf of itself, mem­bers of the House of Del­e­gates, mem­bers of the Board of Gov­er­nors, em­ploy­ees and agents against li­a­bil­i­ty that may be as­sert­ed against it or against any such in­di­vid­u­al in such ca­pac­i­ty aris­ing out of their ­status as such.

Section 6.5 Delegated Au­thor­i­ty. The officers of the Bar and the Immediate Past President shall con­sti­tute the Ex­ec­u­tive Com­mit­tee. The Board of Gov­er­nors may em­pow­er the Ex­ec­u­tive Com­mit­tee and other ad hoc com­mit­tees of the Board to act between meet­ings of the Board. Any com­mit­tee ac­tions must be rat­i­fied at the next meet­ing of the full Board.

Section 6.6 Removal for Cause. Any Board of Governors member may be removed from office for cause, as hereinafter defined, on the two-thirds affirmative vote of the membership of the Board present at a meeting called for that purpose. For purposes of this section, the term “cause” means any of the following: (a) the member’s physical or mental illness rendering the member incapable of performing duties to the Bar for a period of more than three consecutive months; (b) the member’s absence at two consecutive Board meetings without cause deemed adequate by the Board; (c) the member’s continued neglect or failure, after written demand, to discharge duties or to obey a specific written directive from the Board; (d) conflicts which render the member incapable of fulfilling the member’s duties to the Bar; (e) the member’s engaging in adjudicated misconduct which is injurious to the Bar; (f) the member’s conviction of any felony or any crime involving moral turpitude; (g) conduct which would seriously impair the member’s ability to perform the member’s duties to the Bar. In the event of removal, the position will be filled in the manner outlined in the Constitution and Bylaws.

Article VII. Finances
Section 7.1 Authority to Incur ­Expense.
The Board of Governors shall for­mu­late and administer pol­i­cy respect­ing ex­pen­di­tures and pro­ce­dures for re­im­burse­ment. If the pro­pos­al requir­ing the ex­pen­di­ture of funds origi­nates in the House of Del­e­gates, it may be acted on only after the Board re­ports on its fea­si­bil­i­ty.

Section 7.2 Payment of Au­tho­r­ized Ex­pens­es.
(a) The Treasurer may pay only autho­rized expenses that are within bud­get ap­pro­pri­a­tions.
(b) Expenditures from section funds may be made only upon ap­prov­al of the Section chair.

Section 7.3 Financial Li­a­bil­i­ty. The fi­nan­cial liability of the Bar to any sec­tion, com­mit­tee, fund, or oth­er orga­ni­za­tion with­in the Bar is lim­it­ed to the funds cred­it­ed to it on the fi­nan­cial records of the Bar and the liability ceas­es upon the Trea­sur­er’s pay­ment of that amount. If a section, com­mit­tee, fund, or or­ga­ni­za­tion, or one of its mem­bers, incurs a liability that is great­er than the funds so cred­it­ed, it is the ob­li­ga­tion of each per­son re­spon­si­ble for in­cur­ring or au­tho­riz­ing the li­a­bil­i­ty.

Article VIII. Duties of Officers
Section 8.1 General Duties.
The of­fic­ers of the Bar shall have the du­ties spec­i­fied below in addition to the du­ties nor­mal­ly incident to their respec­tive offic­es.

Section 8.2 President. The Pres­i­dent shall preside at all meet­ings of the As­sem­bly and the Board of Gov­er­nors and shall appoint the chair­ and members of all com­mit­tees, boards, task forces and commissions. He shall be the of­fi­cial spokes­man for the Bar and shall have gen­er­al charge and su­per­vi­sion of its af­fairs sub­ject to the au­thor­i­ty of the House of Del­e­gates and Board of ­Governors.

Section 8.3 President-Elect. The Pres­i­dent-Elect shall perform such du­ties as the Pres­i­dent may assign and, except as oth­er­wise provided, the du­ties of the Pres­i­dent when the President is disabled from per­form­ing his duties or absent from any meet­ing of the As­sem­bly, the House of Del­e­gates, or the Board of Gov­er­nors.

Section 8.4 Chair of the House of Delegates. The Chair­ of the House of Del­e­gates shall—
(a) preside at meetings of the House;
(b) preside, in the absence of the Pres­i­dent and the President-Elect, at meet­ings of the As­sem­bly, and oth­er meet­ings at which the Pres­i­dent would pre­side if he were present; and
(c) perform such other duties as shall be designated by the House of Del­e­gates.

Section 8.5 Secretary. The Sec­re­tary shall—
(a) keep the respective min­utes and records of the As­sem­bly, the House of Del­e­gates, and the Board of Gov­er­nors;
(b) maintain the roster of the del­e­gates in the House;
(c) receive, certify, and publish nom­ina­tions of circuit delegates, of­fic­ers, and gov­er­nors;
(d) receive, certify, and publish the re­sults of mail ballots;
(e) receive and maintain as the ­proper­ty of the Bar all papers, addresses, and re­ports to the As­sem­bly, the House of Del­e­gates, and the Board of Gov­ernors;
(f) give notice when notice is required to be given to the House of Delegates, the Board of Gov­er­nors, or the mem­bers; and
(g) perform such other duties as shall be assigned to him by the Pres­i­dent or the Board of Gov­er­nors.

Section 8.6 Treasurer. The Trea­sur­er shall supervise the safe­keep­ing of the funds and investments of the Bar and shall report periodically on its fi­nan­cial con­di­tion to the House of Del­e­gates and the Board of Gov­er­nors. He shall per­form such other duties as shall be as­signed to him by the Pres­i­dent or the Board of Gov­er­nors.

Article IX. Executive Director
Section 9.1 Employment.
The Board of Governors shall employ and su­per­vise an Ex­ec­u­tive Di­rec­tor who shall manage the ad­min­is­tra­tive and staff op­er­a­tions of the Bar and whose term of em­ploy­ment shall be de­ter­mined by the Board.

Section 9.2 Duties. Under the direc­tion of the of­fic­ers and Board of Gov­er­nors, the Ex­ec­u­tive Di­rec­tor shall im­ple­ment the policies of the Bar as deter­mined by the Board of Gov­er­nors and House of Del­e­gates, and shall—
(a) advise and assist the officers in ­fulfill­ing the re­spon­si­bil­i­ties of their respec­tive offices;
(b) report to the officers and the Board of Governors such matters as are nec­es­sary to keep them prop­er­ly informed of the ac­tiv­i­ties and con­di­tion of the Bar;
(c) direct the preparation of and ­partic­i­pate in the for­mu­la­tion of the annual bud­get for con­sid­er­ation by the Board of Gov­er­nors and the House of Del­e­gates;
(d) provide staff and liaison sup­port for all or­ga­ni­za­tions and func­tions of the Bar;
(e) employ, determine the com­pen­sa­tion of, train, supervise, as­sign, man­age, and discharge staff mem­bers to carry on the work of the Bar within the ­budget;
(f) manage and maintain the Bar quar­ters and other prop­er­ty within the bud­get; and
(g) perform such other specific du­ties as may be directed by the Board of Gov­er­nors.

Article X. Divisions
Section 10.1 Membership.
The Young Law­yers Division of the Bar shall con­sist of all members of the Bar under the age of thirty-six years (36) and all new mem­bers of the Bar thir­ty-six years of age or over who have never been admit­ted to prac­tice in any oth­er ju­ris­dic­tion who shall be mem­bers of the Di­vi­sion for five years fol­low­ing date of ad­mis­sion to prac­tice in South Carolina. There shall be a Senior Lawyers Division which shall consist of all members of the Bar who are at least sixty (60) years of age.

Section 10.2 Purposes. The pur­pos­es of the Young Lawyers Di­vi­sion shall be to stimulate the interest of its mem­bers in the objects of the Bar, to carry on ac­tiv­i­ties which will be of as­sis­tance to its mem­bers, and to make reports and rec­om­men­da­tions to the Board of Gov­er­nors. The pur­pos­es of the Senior Law­yers Division shall be to stimulate the interest of its members in the activities of the Bar, to conduct programs of in­ter­est and val­ue to its mem­bers, and to conduct fo­rums for dis­cus­sion among its mem­bers.

Section 10.3 Bylaws. The Young Law­yers Division and the Senior Lawyers Division shall adopt by­laws and may adopt amend­ments there­to which are not in­con­sis­tent with the Con­sti­tu­tion or these By­laws and which shall become ef­fec­tive when ap­proved by the House of Del­e­gates.

Article XI. Sections
Section 11.1 General.
There shall be within the Bar such sec­tions as the House of Del­e­gates may au­tho­rize, each of which shall consist of not fewer than ­seventy members.

Section 11.2 Mem­ber­ship. The mem­bers of each section shall be mem­bers of the Bar and meet such other require­ments as the bylaws of the ­section pro­vide.

Section 11.3 Officers and Coun­cil. Each section shall have a chair­. It may also have a chair-elect and such other of­fic­ers and coun­cil as its bylaws may pro­vide.

Section 11.4 Funds. With the approv­al of the House of Del­e­gates, sec­tion mem­bers may be required to pay dues. Sec­tion funds shall be ad­min­is­tered by the Trea­sur­er but shall be account­ed for sep­a­rate­ly from the gen­er­al fund. No section shall ac­cu­mu­late an amount equal to more than five times its then current annual dues income. All funds in excess of such amount shall be trans­ferred to the gen­er­al fund of the Bar.

Section 11.5 Meetings. Each sec­tion shall meet during the year as the section may desire.

Section 11.6 Bylaws. Each sec­tion shall adopt bylaws and may adopt amend­ments thereto which are not incon­sis­tent with the Con­sti­tu­tion or these Bylaws and which shall be­come ef­fec­tive when ap­proved by the House of Del­e­gates. The ju­ris­dic­tion of each sec­tion shall be de­scribed in its by­laws.

Section 11.7 Dissolution. Dur­ing any year a section may be dis­solved by vote of seventy percent of the section mem­bers. In the event that any section does not have at least seventy mem­bers by March 31 in any year that section will be con­sid­ered dis­solved. Sec­tion dues paid for the year in which dis­so­lu­tion occurs shall be re­turned to the mem­bers. Re­main­ing funds shall be de­pos­it­ed in the gen­er­al fund of the Bar.

Article XII. Com­mit­tees
Section 12.1 General.
The Board of Governors may from time to time cre­ate com­mit­tees, boards, task forces and com­mis­sions with such as­sign­ments and duties as the Board shall specify.

Section 12.2 Ap­point­ment. Unless the res­o­lu­tion or motion cre­at­ing the com­mit­tee, board or com­mis­sion pro­vides oth­er­wise and ex­cept as oth­er­wise provided in the Con­sti­tu­tion and Bylaws (a) ap­point­ments to each com­mit­tee, board or com­mis­sion, includ­ing the annu­al appointment of its chair­, shall be made by the Pres­i­dent; and (b) if a mem­ber resigns, dies, or be­comes in­el­i­gi­ble, the Pres­i­dent may ap­point a suc­ces­sor for the ­unexpired term.

Article XIII. Affiliates
Section 13.1 Lawyer Affiliates.
The Board of Governors shall set the annual fee required for participation as a lawyer affiliate. Lawyer affiliates shall be afforded the same privileges as inactive members under Section 1.4.

Section 13.2 Law Student Affiliates. The Board of Governors shall set the annual fee required for participation as a law student affiliate. A Law Student Affiliate Council shall be defined by the Board. The Council shall recommend to the Board the privileges to be afforded to Law Student Affiliates, with determination of those privileges reserved to the Board. The Council shall oversee all collective activities of the Law Student Affiliates.

Article XIV. Notice
Section 14.1 Notice.
Any no­tice which is re­quired or per­mit­ted to be given to the Bar or to any officer shall be ad­dressed to Post Of­fice Box 608, Co­lum­bia, SC 29202, be de­liv­ered to the Bar head­quar­ters at 950 Taylor Street, Co­lum­bia, SC, or be sent electronically to the address of the Executive Director or to scbar-info@scbar.org.

 

Click here for the language of Rule 410, SCACR.