NAACP v. Wilson

ICAP represented the South Carolina State Conference of the NAACP and individual members in a First Amendment challenge to South Carolina’s “Unauthorized Practice of Law” (UPL) statutes. In South Carolina, an estimated 99% of tenants face eviction without legal representation. To address this, the NAACP developed a Housing Advocate Program to train non-lawyers to provide free, limited, and accurate guidance. Under state law governing the unauthorized practice of law, however, even providing simple legal information can be prosecuted as a felony if done by a non-attorney.
In February 2024, following ICAP’s federal lawsuit and a parallel petition to the state’s highest court, the South Carolina Supreme Court issued a historic order authorizing a three-year pilot program. The court ruled that NAACP-trained volunteers could provide specific, limited assistance to tenants without fear of UPL prosecution, provided they adhered to strict training and supervision guidelines.