UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH CAROLINA RULE 2.00

2.01: Roll of Attorneys. The Bar of this Court consists of those attorneys heretofore admitted and those attorneys hereafter admitted as prescribed by Local Rule 2.00.

2.02: Eligibility. A member in good standing of the Bar of the Supreme Court of South Carolina is eligible for admission to the Bar of this Court.

2.03: Procedure for Admission. Before being presented to the District Court for taking the required oath, an applicant for admission shall certify in a written application that such applicant:

(A) Is a member in good standing of the Bar of the Supreme Court of South Carolina;

(B) Has studied the Federal Rules of Civil and Criminal Procedure, the Federal Rules of Evidence, the South Carolina Rules of Professional Conduct (Rule 407 of the South Carolina Appellate Court Rules), and the Local Rules of the Court; and

(C) Has completed the required trial experiences listed in Rule 403 of the South Carolina Appellate Court Rules for the examination and admission of persons to practice in South Carolina.

In addition to these certifications, the written application shall contain the certification of two attorneys who are members in good standing of the Bar of this Court that, to the best of their knowledge, information, and belief, the applicant is of good moral character and professional reputation and meets the requirements for admission.

The applicant shall file the application, accompanied by a fee of fifty dollars ($50), with the Clerk of this District Court. If the application is in order and upon approval of the Court, the Clerk shall then issue to the applicant a certificate of admission to the Bar of this Court.

2.04: Representation by Local Counsel Who Must Sign All Pleadings. Litigants in civil and criminal actions, except for parties appearing pro se, must be represented by at least one member of the Bar of this Court, who shall sign each pleading, motion, discovery procedure or other document served or filed in this Court. The attorney identification number is also required on each pleading, motion, discovery procedure or other document served or filed in this Court.

2.05: Appearances by Attorneys Not Admitted in the District. Any person who is a member in good standing of the Bar of a United States District Court and the Bar of the highest court of any State or the District of Columbia shall be permitted to appear in a particular matter in association with a member of the Bar of this Court. The appearance of such a person in a particular action(s) shall confer jurisdiction upon this Court for any alleged misconduct of that person in all matters related to that action(s).

2.06 Pleadings, Service, and Attendance by Local Counsel in Cases Where Out-of-State Attorneys Appear. Pleadings and other documents filed in a case where an attorney appears who is not admitted to the Bar of this Court shall contain the individual name, firm name, address, and phone number of both the attorney making a special appearance under this Local Rule and the associated local counsel. In such a case, the service of all pleadings and notices as required shall be sufficient if served only upon the associated local counsel. Unless excused by the Court, the associated local counsel shall be present at all pretrial conferences, hearings and trials, and may attend discovery proceedings. Local counsel is expected to be prepared to actively participate if necessary.

2.07: Withdrawal of Appearance. No attorney whose appearance has been entered shall withdraw his or her appearance or have it stricken from the record except with leave of the Court.

2.08: Professional Standards of Attorneys. The ethical standards governing the practice of law in the Court are the South Carolina Rules of Professional Conduct (Rule 407 of the South Carolina Appellate Court Rules), now in force and as hereafter modified by the Supreme Court of South Carolina, except as may be otherwise provided by specific Rule of this Court. Attorneys are directed to inform the Clerk in writing within ten (10) days of any disciplinary action taken against them other than a private reprimand.

2.09: Enforcement Provisions.

(A) When it is shown to the District Court that any member of its Bar has been suspended or disbarred from practice in any Court of any State or of the United States, or has been guilty of misconduct, or is emotionally or mentally unstable, he will be forthwith suspended or disbarred from practice before this District Court unless the member shows good cause to the contrary within twenty (20) days of the date of suspension or disbarment.

(B) When allegations of misconduct by an attorney practicing before this Court come to the attention of a Judge of this Court, whether by complaint or otherwise, that Judge may petition the Chief Judge to refer the matter to the appropriate state disciplinary authority for investigation or prosecution. In the alternative, the Chief Judge may refer this matter to the United States Attorney or other selected counsel for investigation and the prosecution of a formal disciplinary proceeding or the formulation of such other recommendation as may be appropriate. Should the Chief Judge be disqualified, the next senior District Judge shall have the responsibility of enforcing this section.

(C) If counsel concludes after investigation that a formal disciplinary proceeding should not be initiated against the attorney, counsel shall file with the Court a recommendation for disposition of the matter, whether by dismissal, admonition, or deferral, and shall set forth the reasons for such recommendation.

(D) To initiate formal disciplinary proceedings, counsel shall obtain an order of the Court, upon a showing of probable cause, requiring the attorney to show cause within twenty (20) days after service of the order why the attorney should not be disciplined. The attorney shall have the right to counsel in these proceedings.

(E) Upon the attorney's answer to the order to show cause, if any issue of fact is raised or the attorney wishes to be heard in mitigation, the Court shall set the matter for prompt hearing. If a hearing is requested, the Chief Judge shall appoint a Judge or Magistrate Judge to conduct the disciplinary hearing.

(F) The presiding Judge, within a reasonable time following the hearing, shall provide to the District Court a written report which shall include a recommendation, as well as a transcript of the hearing and all pleadings and evidence.

(G) After receiving the report the District Court, sitting en banc, shall by written order make a final determination.

(H) Upon a showing of misconduct, any attorney practicing in this Court may be disbarred, suspended from practice for a definite time, fined, and/or reprimanded, either publicly or privately.

(I) Misconduct Defined. Misconduct, as the term is used herein, means any one or more of the following:

(1) Violation of any provision of the oath of office taken upon admission to practice of law;

(2) Violation of any provision of the South Carolina Rules of Professional Conduct as adopted by this Court;

(3) Commission of a crime involving moral turpitude;

(4) Conduct tending to pollute or obstruct the administration of justice or to bring the courts or the legal profession into disrepute;

(5) Conduct demonstrating a lack of professional competence in the practice of law.

(J) Emotional or Mental Instability Defined. Emotional or mental instability so uncertain as, in the judgment of ordinary men, would render a person incapable of exercising such judgment and discretion as is necessary for the protection of the rights of others and/or their property or interest in property.

2.10: Conduct in the Presence of the Court. Nothing herein shall be construed to limit the Court from exercising such powers, including the power to impose sanctions, as are necessary to maintain control over proceedings conducted in the presence of the Court, including the deliberate violation of any order of the Court.

2.11: Student Practice.

(A) Upon the approval of the Judge to whom the case is assigned, an eligible law student with the written consent of an indigent and his attorney of record may appear in this Court on behalf of that indigent in any case. Upon the written consent of the United States Attorney or his authorized representative and the consent of the presiding Judge, an eligible law student may also appear in this Court on behalf of the United States. Upon the written consent of the South Carolina Attorney General or his authorized representative and the consent of the presiding Judge, an eligible law student may also appear in this Court on behalf of the State of South Carolina. In each case, the written consent shall be filed with the Clerk of this Court.

(B) An eligible law student may assist in the preparation of pleadings, briefs and other documents to be filed in this Court, but such pleadings, briefs or other documents must be signed by the attorney of record. He may also participate in court proceedings with leave of the Court, but only in the presence of the attorney of record. The attorney of record shall assume personal professional responsibility for the law student's work and for supervising the quality of his work. He should be familiar with the case and prepared to supplement or correct any written or oral statement made by the student.

(C) In order to make an appearance pursuant to this Rule, the law student must:

(1) Be duly enrolled in a law school approved by the American Bar Association;

(2) Have completed legal studies amounting to at least four (4) semesters, or the equivalent if the school is on some basis other than semester basis, be enrolled in a clinical law course, and appear only as a requirement of that course;

(3) Be certified by the Dean of his law school as being of good character and competent legal ability, which certification shall be filed with the Clerk and may be withdrawn by the Dean at any time by mailing notice to the Clerk;

(4) Be introduced to the Court by an attorney admitted to practice before this Court;

(5) Neither ask for nor receive any compensation or remuneration of any kind for his services from the person on whose behalf he renders services, but this shall not prevent an attorney, legal aid bureau, law school, public defender agency, a State, or the United States from making such charges for its services as it may otherwise properly require;

(6) Certify in writing that he has read and is familiar with the South Carolina Rules of Professional Conduct.