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Request For Written Comments

 

In August 2016, the American Bar Association (ABA) adopted amendments to Rule 8.4(g) of the Model Rules of Professional Conduct and the comments to the rule. A copy of the amended version of Rule 8.4 of the Model Rules of Professional Conduct is attached. The resolution adopting the amendments and the accompanying report can be found at: http://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/final_revised_resolution_and_report_109.authcheckdam.pdf.

The ABA wrote to the Supreme Court of South Carolina on September 29, 2016, requesting that the Court review the amendments and consider integrating them within the current version of Rule 8.4 of the South Carolina Rules of Professional Conduct, contained in Rule 407 of the South Carolina Appellate Court Rules. In the meantime, the Professional Responsibility Committee of the South Carolina Bar considered the ABA's amendments and advised the House of Delegates of the South Carolina Bar that it opposed the amendments. A copy of its recommendation and the materials it submitted to the House of Delegates is available at: http://www.sccourts.org/HOD2017/hod_materials_january_2017_extract.pdf.

During the January 2017 South Carolina Bar Convention, the House of Delegates debated the amendments. The House ultimately adopted a proposal "to not approve Rule 8.4(g) as written and to have a public hearing and public comment."

In light of this action, the Court has decided to solicit public comment as to whether the amended version of ABA Model Rule 8.4 should be adopted in South Carolina. Persons desiring to submit written comments should submit their comments to the following email address, rule8.4comments@sccourts.org, on or before March 29, 2017. Comments should be submitted as an attachment to the email as either a Microsoft Word document or an Adobe PDF document.