Becoming One Bar

• Year: 2025
• Citation: Vol. 36-3

Becoming One Bar

No. Vol. 36 Issue 3 Pg. 56

South Carolina Lawyer

January, 2025

By Roy Laney

FEATURE

On February 14, 1975, South Carolina lawyers became unified as one bar when the South Carolina Supreme Court promulgated a rule which, "hereby created and established an organization to be known as the South Carolina Bar".^[1] Prior to creating the South Carolina Bar, South Carolina had two predominant bars - the South Carolina Bar Association established in 1884, and the South Carolina State Bar established in 1968.^[2] In creating the South Carolina Bar, the Supreme Court merged old and new to form a single, statewide bar open to all lawyers which would come to serve South Carolina's lawyers for the next fifty years.

The Foundation: the South Carolina Bar Association

On December 11, 1884, lawyers representing each of South Carolina's then thirty four counties conducted an organizational ''Bar Convention" at the Richland Comity Courthouse.^[3] During this period, the South Carolina Supreme Court granted licenses to practice as an attorney.^[4] However, South Carolina lacked a statewide association of lawyers in South Carolina. Although South Carolina lawyers previously had established the South Carolina Bar Association in 1826, the organization ceased to exist as of 1841.^[5] In the 1870's and 1880's, a national trend of establishing bar associations emerged to reform and improve the practice of law.^[6] The American Bar Association was organized in 1878. and by 1880, eleven states had organized bar associations.^[7] Seeing the need for such an entity in South Carolina, the organizers adopted a constitution which formed the South Carolina Bar Association with the object to: "maintain the honour, dignity, and courtesy of the profession of law: to advance the science of jurisprudence: to promote the due administration of justice, and reforms in the law: to encourage liberal education for the Bar: and to cultivate cordial intercourse among members of the South Carolina Bar."^[8]

Although not mandatory for lawyers to join, the South Carolina Bar Association grew into a robust organization with significant membership and influence over the practice of law hi South Carolina. Initially, membership in the Association required a nomination from a "Local Council" with one negative vote sufficient to defeat approval.^[9] Members of the judiciary were honorary members.^[10] Over the years, the Association's membership grew and its leadership included many of the state's most influential lawyers, such as George Bell Timmerman, James Byrnes, Strom Thurmond, Edgar Brown, and Solomon Blatt.^[11] Miss James Perry became the first woman member in 1918.^[12] The table on the next page, drawn from annual addresses of Association presidents, approximates Association membership levels as compared to the approximate total number of lawyers in South Carolina.^[13]

The Association maintained numerous active committees.^[14] The Commitee on Grievances, by statute, was "empowered as a Commission of Inquiry with full power

Year	South Carolina Bar Association Membership	Total South Carolina Lawyers
1927	387	800
1935	518	1,000
1952	309	1,300
1955	701	1,380
1968	1,300	1,977

and authority to investigate as to the existence of any probable cause against any member of the Bar of South Carolina as to conduct contrary to law", with final disposition to be determined by the Supreme Court."^[15] Its publications committee published a detailed annual report entitled "Transactions" and later periodicals entitled the "News Bulletin" and "Transcript. "^[16] The Association was closely connected with the University of South Carolina School of Law and maintained a committee charged with the duty of making an annual report upon the condition of the law school.^[17] From 1948 to 1967, the Association provided support for the publication of the "South Carolina Law Quarterly," which became the "South Carolina Law Review" in 1962.^[18] Additionally, the Association had a significant role in the planning and construction of LTSC Law School's Petigru building which opened in 1950.^[19]

Following its constitutional propose to, "cultivate cordial intercourse among members of the South Carolina Bar," the Association maintained a significant social role among attorneys. Excluding the period from 1892-1902 and in 1945, the Association conducted annual meetings.^[20] The meeting site rotated around the state from Columbia, Charleston, Greenville, Spartanburg and Myrtle Beach.^[21] The meeting, which evolved into a multi-day format, often included nationally recognized speakers, banquets and parties.^[22] In 1969, the Association added a mid-whiter meeting to be conducted each January at Hilton Head.^[23] In conjunction with its annual meetings, the Association sponsored a cruise to Havana in 1936 and 1959, to Bermuda in 1963 and Jamaica in 1973.^[24]

At least until 1968, the Association's membership was all white.^[25] Further, membership records from 1968 through the Association's end in 1975 do not exist and, as such, there are no records supporting the admission of any Black members.^[26] A well-known example of the Association's discrimination against Black attorneys occurred hi the mid 1950's when newly admitted Black attorney Ernest Finney, who later became South Carolina Supreme Court Chief Justice, was not allowed to attend the Association's social meetings because of his race. Finney had difficulty earning a living from his law practice and supplemented his income by serving as a waiter at the racially segregated Ocean Forest Hotel. When the Association held its convention at the hotel. Finney worked as a waiter for his fellow attorneys at the conventions annual dinner instead of attending as an attorney.^[27]

The Movement to Create a Unified State Bar

The movement to create a unified bar of all practicing attorneys in South Carolina began in 1934, when "a committee of the South Carolina Bar Association appointed by President T. Frank Watkins recommend ed to the Association that legislation to incorporate the Bar be requested of the General Assembly." The General Assembly did not move forward with legislation on the matter.^[28] In 1947, an Association commit-tee chaired by Columbia attorney David Robinson, Jr. drafted a bill to require all attorneys to be members of a state association. The General Assembly again did not approve the proposed legislation.^[29]

At the 1951 Association Convention, Robinson brought the issue forward again and moved "that this Association go on record as favoring an integrated bar in South Carolina." Robinson stated, "The work of the Bar Association would be simplified if we had a complete membership of all attorneys in the State which would produce revenue sufficient to give us a full-tune secretary. The integrated bar means that all members of the Association, all licensed lawyers in the state, would be required to join the integrated bar and they would have general control over admissions to the bar and discipline in connection with the bar."^[30]

The discussion following Robinson's motion included racially motivated comments to "go slow on that on this state" as "we would, certainly in the lower part of the state, be forced to accept these memberships into our social organization as well as our legal organization."^[31] After discussion, the Association voted that the motion "be continued for another year for the further study and report back with a proposed draft of the Act."^[32]

The following year on May 1, 1952, the Committee on the Integrated Bar presented an extensive report detailing the recommendations for the creation of a unified Bar. The committee gathered information from 25 states and recommended. "that the incoming President name a committee to draft appropriate legislation to counsel with the South Carolina Supreme Court and to press the enactment of such legislation at the 1953 session of the General Assembly."^[33] Despite the Associations request, the General Assembly did not create a unified Bar following the 1953 recommendations and further rejected similar requests in 1964 and 1966.^[34]

The Rise of South Carolina's Black Lawyers

By the 1960's, following a sixty year decline, the number of Black lawyers in South Carolina was increasing. In 1880, South Carolina had 22 Black lawyers, some of whom received law degrees from the University of South Carolina, which admitted Black law students from 1873 Until the school was closed in 1877.^[35] After the University of South Carolina reopened in 1880, it denied admission to Black students.^[36] To provide educational opportunities for Black Students, Claflin University and Allen University formed law schools.^[37] During the 1880's, 31 Black students completed the programs at Claflin University and Allen University.^[38] However, by 1898, both

Paul Cash, third row center entered USC's School of Law in September 1964, becoming the first Black student since Reconstruction to enroll.

schools did not have active programs.^[39] With no in state law school for Black students, the number of Black lawyers dwindled. By 1940, the number of Black lawyers in the state had diminished to five.^[40]

The number of Black lawyers began to increase with the creation of the Law School at South Carolina State College in 1947. From its opening in 1947 Until it closed in 1966, 51 students graduated from the Law School at South Carolina State College, including preeminent lawyers such as Judge Matthew Perry and Chief Justice Ernest Finney.^[41]

In 1964, the University of South Carolina began admitting Black law students. Paul Gash, a graduate of Benedict College, entered the University's School of Law in September 1964, becoming the first Black student since Reconstruction to enroll.^[42] Gash attended the School of Law for one year.^[43] In 1965, Jasper Cureton, later to become Judge of the South Carolina Court of Appeals, enrolled at the University of South Carolina School of Law. Cureton completed his first year of studies at South Carolina State and completed two years of school at the University of South Carolina. In 1967, Cureton and fellow South Carolina State transferee Johnny Lake became the first Black students since Reconstruction to graduate from the University of South Carolina's School of Law,^[44] In 1965. I.S. Leevy Johnson enrolled as a first year student at the University of South Carolina School of Law and in 1968 became the first Black student to complete all three years at the University of South Carolina. Johnson would become President of the South Carolina Bar in 1985.^[45] Thus, with more opportunities for education, by i960, South Carolina's population of Black lawyers increased to 36 and by 1970. increased to 60.^[46]

1968 1975: Two Bars

In 1967, following 33 years of debate beginning in 1934. the South Carolina General Assembly authorized the creation of a bar for all lawyers of South Carolina. On May 12,1967, the General Assembly enacted a statute which empowered the South Carolina Supreme Court with "organizing and governing an association known as the South Carolina State Bar which shall be composed of the attorneys at law of tire State."^[47] On December 14.1967, the Supreme Court adopted rules creating the South Carolina State Bar. "as an administrative agency of the Supreme Court."^[48] Pursuant to Rule III, "membership of the South Carolina State Bar shall consist of all persons admitted to the practice of law in the State of South Carolina...."^[49] With the adoption of these Rules, South Carolina established a new bar organization which in eluded all lawyers in the state, thus beginning the period from 1968 to 1975 during which South Carolina had two statewide bars.

The Supreme Court appoint ed David Robinson, Jr. as the first president of the South Carolina State Bar.^[50] The new State Bar moved quickly to build a statewide organization. Initially, the State Bar had a total enrollment of 1977 attorneys and judges, as compared to the Association's approximate 1300 attorneys.^[51] The State Bar organized committees on Procedural and Law Reform, Service to Indigents, Liaison with tire Bench, Court Rules, Professional Responsibility, Economics of the Profession. Law School and Continuing Legal Education.^[52] The State Bar's second president, Leo H. Hill, continued to build the organization, establishing 11 additional committees.^[53]

Even though the Supreme Court had created the South Carolina State Bar, the Association continued its operations, with the two bars attempting to coordinate activities. From 1968-1971. the State Bar and the Association shared office space at the University of South Carolina and jointly employed an Executive Secretary.^[54] In 1971. the State Bar-moved to the new Supreme Court building on Gervais Street, thus separating the shared offices and staff of the two organizations.^[55]

In 1971. the Bars conducted a study to evaluate the functions of each organization "in an effort to avoid competition between the two."^[56] The two organizations agreed to allocate responsibilities. The Bar Association was responsible for "continuing legal education of members of the Bar, to improvement of their professional abilities, the improvement of the judicial system and the relations of the Bar with the public." The State Bar focused on "qualifications for admission to practice and the professional responsibility and duties of members of the Bar of this State.''^[57] Both organizations contributed to the publication of the "Transcript."^[58] Further, beginning in 1973, the State Bar took responsibility for the January mid winter meeting at Hilton Head.^[59]

Now There is One

Despite the agreed upon division of responsibilities, the existence of two bars created "a degree of confusion in the minds of lawyers of the state."^[60] Further, "The distinction between the two organizations blurred because of overlapping stated purposes, the creation of joint committees and similarity of names."^[61] The leadership of both bars recognized the inefficiencies of operating two bars and concluded. "the most economical way both groups could serve their memberships was to merge their activities into one organization.''^[62]

The State Bar and the Association established a committee to study the merger of the organizations.^[63] Members of the Joint Merger Committee were James Parham, Claude Scarborough, William L. Pope, and Julius McKay.^[64] In January, 1974, the leaders of both groups recommended to the Supreme Court that it create a new organization through a merger of the Association and the State Bar.^[65] On October 17. 1974, the Supreme Court agreed with the recommendation and the Joint Committee began drafting a proposed constitution, bylaws, and rule for a new organization.^[66]

From January 31 February 1, 1975, the State Bar and the Association conducted joint meetings in Hilton Head to discuss and vote upon the proposed merger. Proponents of the merger cited to the efficiencies and strength of a new organization as the reason for merger.^[67] "The primary concern of the opponents to the merger appeared to be control of the organization by the Supreme Court, the compulsory nature of the proposed bar and the cost.''^[68] Both groups voted overwhelmingly to merge and notified the Supreme Court of the vote.^[69]

On February 14, 1975, the Supreme Court adopted rules creating and establishing the South Carolina Bar. The new rules provided that all lawyers would be members of the organization and stated, "No person shall engage in the practice of law in the State of South Carolina who is not licensed by this court and a member in good standing of the South Carolina Bar."^[70] The "Transcript's" headlines announced, "Now There is One", and reported that, "the South Carolina Bar Association and the State Bar passed into history and the South Carolina Bar born."^[71]

James Parham, who had been President-elect of the South Carolina State Bar, served a six-month term as the first President of the South Carolina Bar. Following Parham's six-month term, Claude Scarborough became President of the South Carolina Bar.^[72] Thus, the merger was complete, a debate which began in 1934 concluded, and all lawyers of South Carolina became unified in one Bar.

Note from the author: this article represents a summary of the works of Lewis Burke, "All for Civil Rights: African American Lawyers in South Carolina, 1868-1968" and "Generations of Lawyers: A History of the South Carolina Bar" by George C. Rogers, Jr. and all credit for the ideas and research for this article goes to those authors. Also, I thank Michael R. Mounter. Ph.D. Archivist/Historian of the Joseph F. Rice School of Law University of South Carolina for his guidance in the research for this article.

Roy F. Laney of Riley Pope &Laney in Columbia practices in the areas of commercial transactions and litigation, and served as President of the South Carolina Bar in 2020. He graduated cum la tide from Washington and Lee University with a Bachelor of Arts degree in European History, and in 1991 from the University of South Carolina School of Law where he was inducted into the Order of the Wig and Robe.

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Notes:

^[1] See generally South Carolina Supreme Court, Supreme Court Rules Covering the South Carolina Bar (1975)-

^[2] Constitution and Bylaws of the South Carolina Bar Ass'n (adopted in 1884) (prior to the Bar unification); Supreme Court Rules Concerning the South Carolina State Bar - Rule II (effective March 1968); George C. Rogers, Jr. Generations of Lawyers: A History of the South Carolina Bar, 234, (1992).

^[3] Rogers, supra note 2, at 77.

^[4] General Statutes and the Code of Civil Procedure of the State of South Carolina, §2160, §2161 (adopted by the General Assembly of 1881-82).

^[5] David J. McCord, The Statutes at Large of South Carolina Containing the Acts Relating to Corporations and the Militia (1826); Honorable William Harper, Memoir of the Life, Character and Public Services of the Late Henry Wm. De Sauassure (1841); South Carolina Bar Assn, Transactions, 410-411 (1959)-

^[6] J. Gordon Hylton, The Bar Association Movement in the Nineteenth Century, 81 Marq. L. Rev., 1029,1029-1030 (1998).

^[7]Id.

^[8] Constitution and Bylaws of the South Carolina Bar Ass'n. Art. II (adopted in 1884) (prior to the Bar unification).

^[9] Id. at Art. VIL

^[10] Id. at Art. XVIII.

^[11] South Carolina Bar Assn, Officers, in Transactions (1930); South Carolina Bar Ass'n, Transactions, 38 (1931); South Carolina Bar Ass'n, Transactions, 18 (1933); South Carolina Bar Ass'n, Transactions, 36 (1932); South Carolina Bar Ass'n, Officers, in Transactions (1935); Rogers, supra note 2, at 191.

^[12] Rogers, supra note 2, at 143.

^[13] Id. at 171,174,176,194, 219, 223.

^[14] South Carolina Bar Constitution § XVIII.

^[15] South Carolina Code of Civil Procedure, 283 § 16, 289 § 22 (1922).

^[16] Rogers, supra note 2, at 225.

^[17] Id. at 202, 203, 213.

^[18] Id. at 204-205; 227.

^[19] Rogers, supra note 2, at 200; South Carolina Bar Ass'n, Transactions, 319 (1950).

^[20] South Carolina Bar Association Report of Committee on Publication, February 19, 1930; Rogers, supra note 2, at 95,180.

^[21] Rogers, supra note 2, at 231-232; South Carolina Bar Ass'n, Transactions, 35 (1933).

^[22] Rogers, supra note 2, at 106,107, 133, 210.

^[23] Rogers, supra note 2, at 243.

^[24] Id. at 152, 232, 254.

^[25] Id. at 268.

^[26] This statement is based off a personal review of the Joseph F. Rice School of Law University of South Carolina and South Carolina Bar records.

^[27] Ernest Adolphus Finney. Oral History Interview (June 8, 2011) (explaining working as a waiter in the mid 1950's instead of attending the event as a lawyer).

^[28] David W. Robinson, Speech at South Carolina State Bar First Annual Convention (June 14, 1968) [hereinafter Speech].

^[29] Rogers, supra note 3, at 206-208.

^[30] Bar Association Transactions: South Carolina Bar Association Annual Meeting, S.C. L. Q. 1, 25-26 (1951).

^[31] Bar Association Transactions: South Carolina Bar Association Annual Meeting, S.C. L. Q. 1, 26 (1951).

^[32] Id. at 27.

^[33] South Carolina Annual Bar Business Meeting, 4 S.C.L.Q. 451, 474-483 (1952).

^[34] Speech, supra note 28.

^[35] W. Lewis Burke, All For Civil Rights: African-American Lawyers in South Carolina, 1868-1968, 3, 47, 56 (2019).

^[36] Id. at 90.

^[37] Id.

^[38] Id. at 90. 96.

^[39] Id. at 90.

^[40] Id. at 3.

^[41] Burke, supra note 35, at 182,184,185, 193.

^[42] Letter from Dean Robert Figg, Jr. to Dean Hiram H. Lesar (Sept. 27, 1966).

^[43] Letter from Dean Robert Figg, Jr. to Dean Hiram H. Lesar (Sept. 27, 1966).

^[44] Burke, supra note 35, at 208.

^[45] Id.; Miles S. Richard, Johnson, Isaac Samuel Leevy, South Carolina Encyclopedia, https://www.scencyclopedia.org/sce/entries/johnson-isaac-samuel-leevy/ (last updated Aug. 5, 2022).

^[46] Burke, supra note 35, at 203.

^[47] S.C. Code Ann. §40-5-20; Rogers, supra note 2, at 230.

^[48] South Carolina Supreme Court, Supreme Court Rules Concerning the South Carolina State Bar - Rule II (1975); Rogers, supra note 2, at 230.

^[49] South Carolina Supreme Court, Supreme Court Rules Concerning the South Carolina State Bar - Rite III (1975).

^[50] Order Appointing David Robinson, Jr. as President of the South Carolina Bar, South Carolina Supreme Court January 10,1968.

^[51] Rogers, supra note 2, at 238.

^[52] South Carolina State Bar Bylaws, Art. II § 1 (1968).

^[53] Rogers, supra note 2, at 236-237.

^[54] South Carolina Bar Ass'n, Court Views Bar Merger Favorably, The Transcript, October 1974 at 1.

^[55] Id.

^[56] Id.

^[57] Id.

^[58] Id

^[59] Id.

^[60] South Carolina Bar Ass'n, Merger in Perspective, The Transcript, November 1974, at 1.

^[61] Id.

^[62]South Carolina Bar Ass'n. Court Views Bar Merger Favorably. The Transcript, October 1974 at 1.

^[63] South Carolina Bar Ass'n, Meeting to Decide Merger Attendance Urged, The Transcript. January 1975 at 1.

^[64] South Carolina Bar Ass'n, Now There is One, The Transcript, February 1975 at 1 [hereinafter Now There is One].

^[65] South Carolina Bar Ass'n, Court Views Bar Merger Favorably, The Transcript, October 1974 at 1.

^[66] Id.

^[67] Now There is One, supra note 63, at 1.

^[68] Id. at 1.

^[69] Id. at 7; Letter from James C. Parham, Jr. President-Elect of the South Carolina State Bar, to The Honorable Joseph R. Moss, Chief Judge. (Jan. 31, 1975).

^[70] South Carolina Supreme Court, Supreme Court Rules Covering the South Carolina Bar (1975).

^[71] Now There is One, supra note 63, at 1.

^[72] South Carolina Bar Ass'n, Officers - New Board Elect, The Transcript, May 1975. at 1; South Carolina Bar Ass'n, Parham Ends Term as First President of S.C. Bar, The Transcript. May 1975, at 10.

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