Welcome to the South Carolina Bar's E-Blast!
September 16, 2014
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org. Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.
Nominate a colleague for the Trial and Appellate Advocacy Award
The SC Bar Trial and Appellate Advocacy Section is seeking nominations for its award, which recognizes a lawyer who has demonstrated outstanding commitment to trial and appellate advocacy in the legal profession. The deadline to submit nominations is Nov. 1, 2014, at 5 p.m. View the nomination criteria and instructions online.
Save the date for the Bar Foundation Gala 2015
Mark your calendars! The Bar Foundation Gala will be held Saturday, Jan. 24, in conjunction with the SC Bar Convention! Be a part of the excitement as we honor the Nifty Fifty Class of 1965 of the SC Bar, the Ellen Hines Smith Legal Services Lawyer of the Year and the SC Bar Pro Bono Lawyer of the Year. Don’t miss this fun event complete with a cocktail reception, delicious food, the best silent auction yet and a great evening with colleagues. Click here to purchase a table sponsorship. Individual tickets will be on sale through the Bar Convention registration form or may be purchased directly from the Foundation beginning in October.
Advice by retired lawyers
The Court declined to amend Rule 415, SCACR, in the manner requested by the Bar. The proposal of the Senior Lawyers Division would have allowed retired lawyers to give occasional advice to family members, friends and former clients provided there was no compensation and there was supervision by a Regular Member of the Bar.
PMAP Tech Tip
The peak of hurricane season typically runs from mid-August through October. Are you and your office prepared for possible storms and the power outages that come with them? One of the first things most of us reach for during an emergency is our cell phone. Make sure you can keep yours charged if the power goes out. Check out the Eton BoostTurbine 2000, a hand-powered backup battery for mobile devices. For more storm-ready gadgets, read Emergency Tech to Ride Out the Next Storm. Also, be sure to check out the Bar’s Prepare page and request a free copy of Prepare, the Bar’s disaster preparedness handbook. Contact PMAP for free assistance with your law practice at firstname.lastname@example.org.
Workers' Compensation Commission survey
The Bar has implemented the second bi-annual survey of Workers' Compensation Commissioners to provide feedback and evaluate performance based on the experiences of those who have practiced before them. The survey has been distributed to members of the Bar's Workers' Compensation Section. Please note that any responses to the survey will be anonymous.
Thursday's edition of E-Blast will be held for distribution until Friday, Sept. 19, to include actions from the Board of Governors and House of Delegates meetings on Thursday.
Advance sheet update
September 10, 2014
In this case resulting from a 2003 lease agreement, the SC Court of Appeals affirmed in part, reversed in part and remanded. The court held that the master erred in reforming the lease between Leinbach and Magnolia based on mutual mistake. Furthermore, the court found that although Leinbach breached the lease agreement by permitting erection of the tower within the demised premises, Magnolia failed to prove it was entitled to rent abatement under the lease or restitution based on its unjust enrichment claim. The case was remanded to the master to determine the amount of damages due to Leinbach and for the entry of nominal damages to Magnolia in light of the decision.
56 Leinbach Investors, LLC v. Magnolia Paradigm, Inc., Op. No. 5270 (S.C. Ct. App. filed September 10, 2014) (Shearouse Adv. Sh. No. 36 at 35), is available online.
Stogsdill appealed the Administrative Law Court's order affirming the reduction in the number of service hours he receives pursuant to the Intellectual Disabilities and Related Disabilities Waiver. The court affirmed in part, reversed in part and remanded, holding that the caps included in the waiver were not required to be promulgated as regulations to carry the force and effect of law and that Stogsdill was not denied due process by DHHS's inadequate notice in the absence of prejudice. Nevertheless, the court found the substantial evidence in the record did not support the ALC's determination that Stogsdill's risk of institutionalization was merely speculative and under Pashby DHHS failed to establish a fundamental alteration defense. Consequently, Stogsdill's case was remanded for consideration of the appropriate services to be provided without the restrictions of the 2010 waiver.
Stogsdill v. South Carolina Department of Health and Human Services, Op. No. 5271 (S.C. Ct. App. filed September 10, 2014) (Shearouse Adv. Sh. No. 36 at 47), is available online.
H. Dave Whitener Jr., 70, of Columbia died on September 14. An obituary is available here.
Bluestein, Nichols, Thompson & Delgado announces that Bennett Gore has joined the firm as an associate located at 1614 Taylor St., Columbia 29201. (803) 779-7599.
Charles Bondurant announces the opening of Bondurant Legal, LLC with the mailing address of P.O. Box 4919, Greenville 29608. (864) 214-5483.
The Finkel Law Firm announces that Samuel C. Waters has joined the firm as an attorney Of Counsel located at 1201 Main St., Ste. 1800, Columbia 29202. (803) 765-2935.
Moore, Johnson & Saraniti Law Firm, PA announces that Nancy M. Zovnic has joined the firm as an associate located at 1271 Glenns Bay Rd., Surfside Beach 29575. (843) 650-9757.
Board of Governors Meeting, Conference Center
House of Delegates Meeting, Conference Center
Free legal clinic: End of Life Issues (Columbia)
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Free legal clinic: End of Life Issues (Spartanburg)
Free legal clinic: Wills, Estate and Probate (Irmo)
Workers’ Compensation Section Council Meeting, Conference Call
Family Law Section Council Meeting, Bar Building
Free legal clinic: End of Life Issues (Sumter)
Free legal clinic: Wills, Estate and Probate (Columbia)
Professional Responsibility Committee Meeting, Bar Building
Free legal clinic: Family Law Issues (Batesburg)
Free legal clinic: Magistrate Court Issues (Spartanburg)
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at email@example.com or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.