Scott Morgan, www.southcarolinapublicradio.org
Feb 14, 2024 Story by: Editor
The South Carolina Supreme Court has given the green light to the NAACP branch in the state to train non-lawyer volunteers in providing limited legal assistance to tenants facing eviction, ruling that this initiative does not constitute unauthorized practice of law.
Approved on a provisional basis for three years, the program aims to address the acute shortage of lawyers in South Carolina and the pressing issue of eviction among tenants. Brenda Murphy, president of the South Carolina State Conference of the NAACP, emphasized the significance of this ruling in ensuring tenants have the necessary guidance to navigate eviction proceedings.
This decision follows a legal battle initiated by the South Carolina NAACP against the state’s attorney general, asserting that applying unauthorized practice of law rules to their program would impinge upon First Amendment rights. With the state Supreme Court’s approval, the NAACP withdrew its federal lawsuit.
The NAACP’s initiative involves training and certifying advocates to offer limited legal advice to low-income individuals facing eviction, under the supervision of housing lawyers. The court’s decision, rendered on February 8, acknowledged the adequacy of training, safeguards, and lawyer supervision outlined in the program, ensuring compliance with legal standards.
As part of the approval, the NAACP is required to submit annual reports to the court, ensuring ongoing compliance and accountability.
Similar debates on non-lawyer volunteers assisting with legal matters are ongoing in other jurisdictions. Notably, a New York nonprofit secured a preliminary injunction in 2022 against the enforcement of unauthorized law practice rules for its debt-collection legal advice program. In North Carolina, a nonprofit has filed a First Amendment lawsuit to permit paralegals to offer legal guidance on court forms.
The case is a significant step forward in addressing legal access issues and empowering communities facing eviction challenges. (Source: Reuters)
