Hiring a Bankruptcy Lawyer in South Carolina
How bankruptcy lawyers are paid, the South Carolina means test and exemptions, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in South Carolina: fee rules
| Rules on contingency fees | Under South Carolina Rule of Professional Conduct 1.5(c) (Rule 407, SCACR), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of any expenses the client will be expected to pay, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement (though a contingency fee may be charged to collect past-due alimony or child support), and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The South Carolina Bar's Resolution of Fee Disputes Board (created by Rule 416, SCACR) resolves fee, cost and disbursement disputes between clients and Bar members. It will not take disputes of $50,000 or more or fees that must be approved by a court or other tribunal, and a dispute cannot be filed more than three years after it arose. Apply with the Bar's Application for Resolution of Disputed Fee, attaching copies (not originals) of supporting documents. For low-level misunderstandings not involving ethics violations, the Bar's Client Assistance Program can help. Rule 416 limits: https://www.sccourts.org/resources/judicial-community/court-rules/appellate/rule-416/rule-2/ |
| If a lawyer takes your money | The South Carolina Bar's Lawyers' Fund for Client Protection (Rule 411, SCACR) reimburses losses caused by a Bar member's dishonest conduct when the lawyer has died, been disbarred or suspended, resigned, been declared incompetent, gone bankrupt, left the state or cannot be found, or become a judgment debtor for that conduct. Payments are a matter of grace, not right, up to $40,000 per claim and $200,000 total per attorney. The application must reach the Bar within three years after you discovered (or should have discovered) the dishonest conduct, and no application is considered more than six years after the conduct. Application: https://www.scbar.org/for-the-public/quicklinks/help-with-your-attorney/ |
South Carolina rules to know first
| Standard Chapter 13 lawyer fee | District of South Carolina (the state's only bankruptcy district): the court's notice of Amendment to Local Rule 2016-1 states that amendments to SC LBR 2016-1 have been adopted setting the expedited ("no look") chapter 13 debtor's attorney fee at $5,000 for a consumer debtor and $6,000 for a debtor engaged in business, applicable to compensation or retainer agreements entered on or after July 1, 2024 in cases filed on or after that date. The initial disbursement to counsel after confirmation remains $1,500, and the debtor's attorney may apply for reimbursement of costs and expenses exceeding $50 for a matter. (The previous expedited amounts, announced May 11, 2023, were $4,300.00 for consumer cases and $4,800.00 for business cases.) Prior amounts notice (May 11, 2023): https://www.scb.uscourts.gov/news/chapter-13-fee-amounts-pursuant-sc-lbr-2016-1b1?page=6 . Individual judges' chambers guidelines may add matter-specific no-look fees. |
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| Means test median income | Median family income for South Carolina: 1 person $64,808; 2 people $83,761; 3 people $95,672; 4 people $116,314; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026. Used in the Chapter 7 means test (Official Forms 122A-1 and 122C-1). The table's first column is labeled "1 EARNER." The same figures were posted for cases filed April 1 through July 14, 2026. The U.S. Trustee Program updates the table periodically. |
| Homestead exemption | The statute's base amount is $50,000 in a home (real or personal property, or a cooperative) that the debtor or a dependent uses as a residence, or in a burial plot; multiple owners of a single home may not exceed $100,000 combined. A surviving spouse who meets the statute's conditions may exempt up to an additional $50,000 inherited from the deceased spouse. These amounts are adjusted for inflation every even-numbered year; under the adjustment effective July 1, 2024, the homestead amounts were $76,125 and $152,250 (multiple owners). The statute sets no acreage limit. The statute requires these dollar amounts to be adjusted for inflation every even-numbered year on July 1, with the new amounts published in the State Register by the Revenue and Fiscal Affairs Office. Bankruptcy Court for the District of South Carolina notice dated June 28, 2024: https://www.scb.uscourts.gov/news/reminder-south-carolina-exemption-amount-adjustments . The amounts that took effect July 1, 2026 were not found on an official site. |
| State or federal exemptions | South Carolina has opted out of the federal bankruptcy exemptions. A person filing bankruptcy cannot use the federal exemption list in 11 U.S.C. 522(d) except as expressly allowed by South Carolina law, so South Carolina filers use the state exemptions. Source: S.C. Code Ann. § 15-41-35 |
Find and check a lawyer
| Lawyer referral service | The South Carolina Bar's Lawyer Referral Service (LRS) connects you with a lawyer by type of law and location. Call (803) 799-7100 (9 a.m.-noon and 1-5 p.m., Monday-Friday) or use the online referral service 24/7. Each participating lawyer agrees to charge no more than $50 for a 30-minute consultation; beyond that, or if you hire the lawyer, normal fees apply. LRS lawyers do not take pro bono cases. |
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| Check that the lawyer is licensed | The South Carolina Judicial Branch's attorney search lets you search for attorneys licensed to practice law in South Carolina by first name, last name or bar number; a successful search gives the attorney's name, phone number, address and email address. |
| Check discipline history or file a complaint | Complaints about South Carolina lawyers go to the Supreme Court's Office of Disciplinary Counsel (ODC); the South Carolina Bar does not license, investigate or discipline attorneys. A complaint must be in writing and signed by the person making it, fully identify the lawyer, describe what happened in detail with copies of supporting documents, and include your contact information; the ODC form is optional. File by mail to Office of Disciplinary Counsel, Post Office Box 12159, Columbia, SC 29211, or by hand delivery to 1220 Senate Street, Suite 201, Columbia, SC 29201. Email is not accepted. |
Free legal help
| Free legal aid | People who cannot afford a lawyer may qualify for help from South Carolina Legal Services, which offers an online intake form (through LawHelp.org/SC) to check eligibility for legal aid. The SC Bar also points to SC Free Legal Answers, a virtual clinic where qualifying users can post civil legal questions to volunteer lawyers. LSC lists South Carolina Legal Services as its South Carolina grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in South Carolina · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.