South Carolina courts have consistently held that the preparation of conveyances (deeds, mortgages, etc.), review of title abstracts, and conducting of the closing is the practice of law. While attorneys may delegate some responsibilities of the transaction, S.C. courts still rely on the attorney’s expertise in selecting the persons to delegate work to, such as title abstractors, and moreover, the work is still subject to review by a licensed attorney. The Supreme Court of South Carolina ensures that attorneys are competent and ethical enough to practice law in this state by conducting a bar exam and demanding compliance with the Rules of Professional Responsibility. In fact, South Carolina actually considers the unauthorized practice of law a felony with a fine of up to $5000.00, imprisonment of up to five years, or both.

In practice, the purpose of having attorneys conduct closings is not to protect attorney’s incomes but rather to protect the public at large. Purchasing a home or obligating yourself on a loan is one of the most profound financial decisions you will make in your life. Why rely on a layperson to help you navigate the process? Furthermore, pick an attorney who consistently practices real estate, is up to date with current state and Federal law and regulations, and most of all is available for you to consult when you need him or her rather than when they are not in court. When inquiring about fees, please be aware that not all law offices fees are consistent. Remember to ask the attorney for a detailed fee schedule including all fees, rather than just the designated attorney fee.

Murray Law Group, LLC, PA, has five convenient offices and six excellent attorneys available to provide this service to you. Should you wish to use another attorney or compare fees, please consult the Yellow Pages or feel free to call the South Carolina Bar Referral Service in Columbia toll free at 1-800-868-2284.

Michael P. McDonough Jr., Esq.