(A) A department or agency of state government may not engage on a fee basis an attorney at law except upon the written approval of the Attorney General and upon a fee as must be approved by him. This section does not apply to the employment of attorneys in special cases in inferior courts when the fee to be paid does not exceed two hundred fifty dollars or exceptions approved by the State Budget and Control Board. This section does not apply to an attorney hired by the General Assembly or the judicial department.
(B) A public institution of higher learning shall engage and compensate outside counsel in accordance with policies and procedures adopted by the State Fiscal Accountability Authority for matters of bonded indebtedness, public finance, borrowing, and related financial matters.
HISTORY: 2008 Act No. 353, Section 2, Pt 10B, eff July 1, 2009; 2011 Act No. 74, Pt VI, Section 9, eff August 1, 2011.
Code Commissioner's Note
At the direction of the Code Commissioner, reference in (A) to the former Budget and Control Board has not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), until further action by the General Assembly. Reference in (B) to the former Budget and Control Board was changed to the State Fiscal Accountability Authority pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).
Effect of Amendment
The 2011 amendment inserted subsection identifier (A) in the first paragraph and added subsection (B) relating to outside counsel.
Structure South Carolina Code of Laws
Title 1 - Administration of the Government
Chapter 7 - Attorney General And Solicitors
Section 1-7-10. Compensation of Attorney General.
Section 1-7-20. Bond of Attorney General.
Section 1-7-30. Appointment of Assistant Attorneys General.
Section 1-7-40. Appearance for State in Supreme Court and other courts and tribunals.
Section 1-7-50. Defense of actions against public officers and employees.
Section 1-7-90. Advice to General Assembly and Governor.
Section 1-7-100. Advice to solicitors; attendance at grand jury and trials.
Section 1-7-110. Advice to State officers and Public Service Commission.
Section 1-7-115. Duties of Division of Securities devolved upon Attorney General.
Section 1-7-117. Duties of Division of Public Charities devolved upon Attorney General.
Section 1-7-120. Action against intruders on property of State.
Section 1-7-130. Protection of public charities and prosecution of corporations.
Section 1-7-140. Annual report to General Assembly.
Section 1-7-150. Accounting to Treasurer; deposit of funds.
Section 1-7-160. Hiring of attorneys.
Section 1-7-170. Engaging attorney on fee basis.
Section 1-7-310. Number, election and terms of solicitors.
Section 1-7-320. Solicitors shall perform duties of Attorney General and assist in prosecutions.
Section 1-7-325. Solicitors to be full-time state employees; compensation; secretary.
Section 1-7-330. Attendance at circuit courts; preparation and publication of docket.
Section 1-7-340. Attendance at inquests and preliminary hearings in capital cases.
Section 1-7-370. When solicitors may defend accused persons.
Section 1-7-380. Litigation against the State prohibited.
Section 1-7-396. Full-time solicitor's investigator to have police power.
Section 1-7-400. Circuit solicitors disabled by intoxication.
Section 1-7-405. Appointment of assistant solicitors, investigators and secretaries.
Section 1-7-406. Full-time assistant solicitor and investigator for each judicial circuit.
Section 1-7-408. Repealed by 2005 Act No. 164, Section 37, eff June 10, 2005.
Section 1-7-410. Additional duties of solicitor for fourteenth judicial circuit.
Section 1-7-420. Assistant solicitor for first judicial circuit.
Section 1-7-430. Additional assistant solicitor for first judicial circuit.
Section 1-7-440. Assistant solicitor for third judicial circuit.
Section 1-7-450. Assistant solicitor for fourth judicial circuit.
Section 1-7-460. Assistant solicitors for fifth judicial circuit.
Section 1-7-470. Assistant solicitor for seventh judicial circuit.
Section 1-7-480. Assistant solicitor for eighth judicial circuit.
Section 1-7-490. Assistant solicitors for ninth judicial circuit.
Section 1-7-500. Assistant solicitor for tenth judicial circuit.
Section 1-7-510. Assistant solicitor for thirteenth judicial circuit.
Section 1-7-520. Assistant solicitor for fourteenth judicial circuit.
Section 1-7-530. Assistant solicitor for sixteenth judicial circuit.
Section 1-7-533. Special investigator for third judicial circuit.
Section 1-7-540. Special investigator and assistant special investigator for ninth judicial circuit.
Section 1-7-710. Defense of persons claiming under State.
Section 1-7-720. Suits for penalties.
Section 1-7-730. Examination of offices of county officers.
Section 1-7-740. Legal assistance to Dairy Board.
Section 1-7-750. Circuit solicitors authorized to employ outside counsel.
Section 1-7-910. Commission on Prosecution Coordination created.
Section 1-7-920. Commission membership.
Section 1-7-950. Election of chairman and officers.
Section 1-7-960. Executive director; staff.
Section 1-7-970. Compensation; expenses.
Section 1-7-990. Promulgation of regulations.