Formal legal education was slow in coming. An attempt in 1823 to establish a professorship in law at South Carolina College failed in the General Assembly, and a private venture by some members of the Charleston bar, the Forensic Club, ceased after only two lectures in 1826. Formal legal education became available for the first time in 1866. The University of South Carolina (USC) established a law school, appointing Alexander Cheves Haskell as professor.
The law school had a turbulent first decade, but it graduated thirty-nine students, including the first eleven black graduates of a public law school in the United States. The university and the law school were closed after the overthrow of the Reconstruction state government in 1877 and then reopened on an all-white basis in 1884. African Americans responded by opening law schools at Claflin College and Allen University. Claflin’s law school operated only a short time, but Allen kept its law school open until 1905. The University of South Carolina School of Law has operated continuously since 1884 but was not desegregated again until 1964. While the USC law school admitted its first woman in 1898, it did not have its first female graduate until after 1918, when the South Carolina Bar admitted its first woman, Miss James Perry, a law graduate of the University of California.
The University of South Carolina dominated legal education in the state. In 1886 its graduates were granted admission to the bar without taking an examination, a practice known as the “diploma privilege.” In 1910 the faculty expanded from one to three, and the curriculum for the first time included statutory law in addition to common law. In 1922 the school increased its faculty size again, strengthened its entrance requirements, and expanded its curriculum from two years to three years. The school was finally accredited by the American Association of Law Schools in 1924.
Accreditation pressures doomed the only competition USC faced in the 1920s. Furman University operated a law school for eleven years before closing it in 1932 for financial reasons. It had forty-two graduates.
South Carolina State University (then the Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina) opened a law school in 1947 in response to a lawsuit that tried to force the desegregation of the USC School of Law. It operated until 1966 and had fifty-one graduates, including two of the most accomplished lawyers in the state’s history, Chief Justice Ernest Finney and U.S. District Court Judge Matthew J. Perry.
Following national trends, on March 1, 1958, the S.C. Supreme Court prohibited reading law and required that all candidates for admission to the bar must be law school graduates. The University of South Carolina law school graduates lost their diploma privilege in 1951, a year after South Carolina State had produced its first graduates. Law school graduation and passage of the state bar examination have been the norm for admission since the 1950s.
South Carolina has had a practicing bar since the 1690s. While the identities of the first lawyers are somewhat obscure, it is presumed that they were educated in England. Although never adopted, the Fundamental Constitutions prohibited anyone from representing another person in court for a fee...
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