Once an attorney makes an appearance, that attorney can be served with the summons and complaint

If I have knowledge that a family law matter has been filed against an existing client, I will often file my notice of appearance before my client is served with the summons and complaint.  There are at least two good reasons for doing this.  First, it allows me to immediately issue discovery. Second, it ensures that docketing will schedule any motion for temporary relief around my availability.

However, by entering an appearance, that attorney is now able to be served with the summons and complaint and this service does not require the client’s consent. Rule 4(d), SCRCP allows, “Voluntary appearance by defendant is equivalent to personal service; and written notice of appearance by a party or his attorney shall be effective upon mailing, or may be served as provided in this rule.”

Thus, once an attorney has entered an appearance, service of the summons and complaint is “effective upon mailing.”  While a May 6, 2022 Supreme Court order authorizes service upon attorneys via email, it explicitly exempts service of the summons and complaint from this authorization (although nothing prevents an attorney from accepting service of an emailed summons and complaint).

An attorney appearing for a defendant in a case should be aware that this attorney can now be served with the summons and complaint, that such service is effective via mail, and that such service does not require the client’s consent.