E-Blast Archive Issue

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Welcome to the South Carolina Bar's E-Blast!
August 9, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.

Rep. Tommy Pope featured in Bar video series
Rock Hill lawyer Tommy Pope is featured in the "Proud to be a South Carolina Lawyer" video series, designed to present a glimpse into the lives of 12 S.C. lawyers. Click 
here to see the video, and "Like" the Bar on 
Facebook to see an additional video each week and share them with others.

S.C. Bar annual report available online
The Perspectives annual report, which outlines accomplishments from the 2010-11 Bar year, is available online. Click here to access the report and learn about the Bar's efforts in the areas of membership services, continuing legal education, public services and law related education, as well as the work of the Young Lawyers Division.

Young Lawyers Division receives ABA awards
Congratulations to the YLD, the recipient of three awards for at the ABA Annual Meeting in Toronto last week. The awards include first place for Minority Project with Minority Clerkship Program, chaired by Tiger Wells of Haynsworth Sinkler Boyd in Columbia; first place for Service to the Public with Volunteer Income Tax Assistance, chaired by Eve Ross of McNair Law Firm in Columbia; and second place for Comprehensive Application, prepared by Trey Mills of Trammell Law Firm in Anderson. Tina Herbert served as YLD President this past year.

August happenings: Foundation grantee events
There are many community education clinics and informational workshops available during the month of August. Events include an Ask-A-Lawyer telephone and Web chat and a mediation lunch and learn, as well as seminars and clinics on elder abuse, custody issues and heirs' property. The complete listing of events hosted by grantees and friends of the Bar Foundation can be viewed here. Be sure to contact the person (or organization) listed next to the event for more information. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.

YLD Backpack Drive
The YLD is coordinating efforts with The Cooperative Ministry and WIS News for the third straight year to donate backpacks and school supplies to schools and students throughout the state. Supplies are being collected through Aug. 18 in Columbia, Charleston, Florence, Goose Creek and Orangeburg. A list of drop-off locations can be found hereVolunteers and additional drop-off sites are needed. For more information, contact Paul Hoefer at (803) 799-8900 or

Advance Sheet update
August 3, 2011
The S.C. Court of Appeals affirmed the family court's decisions regarding the alimony and attorney's fees. As to the husband's appeal of the equitable division award, the court affirmed the family court's valuation of the equitable division award, the court's inclusion of Pittman Professional Land Surveying in the marital estate, and the court's refusals to limit the wife's interest in the business to a special equity and award the husband credit for the premarital value of the business. The court held, however, the family court erred in allowing the wife to retain possession of the laptop computer because she purchased it with company funds after the filing of this action.
Pittman v. Pittman, No. 4858, is available online.

The Supreme Court granted a petition for rehearing on Matrix Financial Services Corp. v. Frazer, No. 26859, 2010 WL 3219472 (S.C. Sup. Ct. Aug. 16, 2010). The Court withdrew that opinion and substituted an opinion that also reverses the master-in-equity's grant of equitable subrogation. The Court held that equitable subrogation is not available to a lender that refinances the debt owed to it and that a lender who closes a loan without the supervision of an attorney will be precluded from receiving equitable remedy.
Matrix Financial Services Corp. v. Frazer, No. 26859, is available online.
Justice Kittredge concurred in a result. Justice Pleicones dissented in a separate opinion.

By order of August 8 the Court imposed a two year suspension (retroactive to September 18, 2009) on Jody Vavra Bentley for misconduct which included failing to communicate with clients and commingling personal funds with trust funds by failing to remove earned fees and expended costs from the trust account.

By order of August 8 the Court imposed a public reprimand on L.A. "Smokey" Brown Jr. for misconduct which included using bank-prepared HUD-1 settlement statements which did not accurately reflect the transactions of the buyer, seller and lender.

By order of August 8 the Court imposed a public reprimand (with additional conditions) on Joseph P. Cerato for misconduct which included several instances of notarizing documents which he had not personally witnessed the affiants signing or affirming.

By order of August 8 the Court imposed a two year suspension (with additional conditions) on Tammie Lynn Hoffman for misconduct which included failing to respond to orders from an appellate court, failing to comply with court rules, failing to adequately communicate with clients and improper use of her trust account.

By order of August 8 the Court imposed a 30 day suspension on the Hon. Sheryl Polk McKinney (not a Bar member) for misconduct which included receiving supplemental payments from the police department which prosecuted cases before her.

Interim suspension
By order of August 8 the Court placed John Barry Kern on interim suspension. J. Rutledge Young III is the trustee.

Firm announcements
Childs & Halligan, PA announces that Dwayne T. Mazyck has become an associate at the firm located at 1301 Gervais St., Ste. 900, Columbia 29201. (803) 254-4035.

Foster Law Firm, LLC
announces its relocation to 895 Island Park Dr., Ste. 202, Daniel Island 29492. (843) 972-0313.

Robert F. Goings
announces the opening of Goings Law Firm, LLC located at 914 Richland St., Ste. A-101, Columbia 29201. (803) 350-9230.

Clayton B. McCullough
and Jamie A. Kahn announce the formation of McCullough Kahn, LLC located at 68 1/2 Queen St., Charleston 29401. (843) 937-0400.

Bryn C. Sarvis announces the opening of Sarvis Law, LLC located at 3347 Augusta Hwy., Ste. B, Gilbert 29054. (803) 785-5525.

Spartanburg County Department of Social Services announces the relocation of its legal department to 630 Chesnee Hwy., Spartanburg 29303. (864) 345-1110.

In memoriam
Ellen Kathryn Foody, 53, of Greenville died Aug. 5. Her obituary can be found here.

Lewis Moyer Henderson, 57, of Columbia died July 13. His obituary can be found here.

Richard Grant Singleton, 87, of Myrtle Beach died Aug. 5. His obituary can be found here.

August 10
Government Law Section Council Meeting, Conference Call

August 12
Consumer Law Section Council Meeting, Conference Call

August 15
Administrative and Regulatory Law Committee Meeting, Bar Building

August 16
Tax Law Section Council Meeting, Conference Call

August 17
Annual Meeting of Chairs, Bar Conference Center

August 19
Trial and Appellate Advocacy Section Council Meeting, Conference Call

August 30
Lawyer Image Task Force Meeting, Bar Conference Center

September 9

Children's Law Committee Meeting, Bar Building 

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