Summary
The South Carolina Supreme Court held that a non-attorney may present a claim against an estate and petition for allowance of the claim in probate court on behalf of a business entity without engaging in the unauthorized practice of law. The Court reasoned that these activities do not require an attorney’s professional judgment or specialized legal knowledge.
Holdings
- A non-attorney may present a claim against an estate in probate court on behalf of a business entity without engaging in the unauthorized practice of law.
- A non-attorney may petition for allowance of a claim in probate court on behalf of a business entity without engaging in the unauthorized practice of law.
Questions Presented
- Whether a non-attorney may file a creditor's claim against an estate in probate court on behalf of a business entity without engaging in the unauthorized practice of law.
- Whether a non-attorney may petition for allowance of that claim in probate court on behalf of a business entity without engaging in the unauthorized practice of law.
Disposition
other
Cases Cited (5)
- Brown v. Coe, 365 S.C. 137, 139, 616 S.E.2d 705, 706 (2005)(followed)
- Doe v. McMaster, 355 S.C. 306, 312, 585 S.E.2d 773, 776 (2002)(followed)
- State ex rel. Daniel v. Wells, 191 S.C. 468, 477, 5 S.E.2d 181, 185 (1939)(followed)
- Renaissance Enters., Inc. v. Summit Teleservices, Inc., 334 S.C. 649, 651-53, 515 S.E.2d 257, 258-59 (1999)(followed)
- In re Unauthorized Practice of Law Rules Proposed by the S.C. Bar, 309 S.C. 304, 305-07, 422 S.E.2d 123, 124-25 (1992)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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