Welcome to the South Carolina Bar's E-Blast!
September 8, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.
Magazine to showcase S.C. lawyers
The South Carolina Lawyer magazine will soon unveil a new feature spotlighting S.C. lawyers in their efforts to perform community service and pro bono work. If you would like to be a part of the magazine and help the Bar demonstrate the important work of lawyers, we want to hear from you! Please e-mail firstname.lastname@example.org with a photo of yourself/your firm in action, along with a brief description of the project. The deadline to be considered for the November issue is Sept. 30.
Another attempt to steal monies from law firms has surfaced. A prospective lender (by the name of Gary Hossa) contacts a firm asking for representation to collect a debt against a borrower (by the name of Eric Madison). Upon receiving related documents from "Mr. Hossa," a retainer is to be forwarded but likely will have insufficient funds. However, the trust account banking information may have been returned on the back of the negotiated retainer check, so that an effort could subsequently be made to try to raid the trust account.
N.C./S.C. Labor and Employment Law Conference
Mark your calendars for the N.C./S.C. Labor and Employment Law Conference Oct. 21-22, at the Doubletree Guest Suites in Charleston. This seminar qualifies for 11.0 MCLE credit hours, including 1.0 LEPR and 11.0 Labor and Employment Specialization. Early bird registration ends Sept. 30. A block of rooms has been reserved at the Doubletree for conference attendees. Click here and enter group code LES to reserve your room at a discounted rate, or call (877) 408-8733. For more information, contact the Bar's CLE Division at (803) 771-0333. Plus, if you are a member of the Employment and Labor Law Section, are in good standing and attend the conference, you qualify for the chance to win two complimentary full registrations to the S.C. Bar Convention Jan.19-22 in Columbia. Submit your name, phone number and e-mail address to Tara Smith at email@example.com no later than Oct. 3. The drawing will take place at the Section Annual Meeting on Friday, Oct. 21, at noon. For more information, call (803) 799-6653, ext. 146.
Results from the DUI/DUAC disposition orders posted
The S.C. Judicial Department has posted results of the DUI/DUAC disposition orders to its website. The complete report from Chief Justice Jean Hoefer Toal can be viewed here.
Amendment to Rule 402(m)
Rule 402(m) of the S.C. Appellate Court Rules was amended to read as shown in this order. It governs admission of law deans and law professors.
Court issues administrative order
The Supreme Court has issued an order pertaining to the safekeeping of files by lawyers appointed to protect the interests of another lawyer's clients pursuant to Rule 31, RLDE, Rule 413, SCACR. To view the complete order, click here.
Advance Sheet update
September 8, 2011
The S.C. Court of Appeals found that the appellant’s argument that the trial court improperly denied his motion to suppress was not preserved for review. Even if the motion was preserved, the police officer had reasonable suspicion to stop the appellant, and the evidence should have been admitted. The circuit court did not err in denying the appellant's motion for a directed verdict because the appellant’s argument related to the weight of the evidence and not its existence.
State v. Abraham, No. 4885, is available online.
The court affirmed the circuit court's decision to admit the victim's in-court identification of the appellant because the identification process was not unduly suggestive, the identification was reliable based on the totality of the circumstances and there was no resulting prejudice. The court also affirmed the circuit court's decision to allow the State to call a previously unsequestered witness to give reply testimony because the admission of that testimony did not deprive the appellant of either fundamental fairness or due process of law. The testimony was offered by the State in reply to directly contradictory testimony by the appellant's witnesses. Furthermore, the appellant's counsel cross-examined Washington extensively regarding her presence in the courtroom during the other witnesses' testimony.
State v. Singleton, No. 4886, is available online.
The court found the trial court properly submitted to the jury the factual questions of whether the appellants abused the fair report privilege and whether the respondent met her burden of proving common law malice. The court affirmed the trial court's rulings regarding the clarification. However, the court found the evidence was not sufficient to establish constitutional actual malice, and therefore, the respondent may not recover punitive damages.
West v. Morehead, No. 4887, is available online.
Adam Mlynarczyk, Attorney at Law, LLC announces that it has become Mlynarczyk Law Firm, LLC and has relocated to 1058 E. Montague Ave., N. Charleston 29405. (843) 885-0422. The firm also announces the hiring of M. Justin Mims, Alex J. Sparra II and Eric D. Saleme.
Laura W. Moore announces the opening of the Law Office of Laura W. Moore, LLC located at 171 Church St., Ste. 260, Charleston 29401. (843) 442-6058.
Willson Jones Carter & Baxley, PA announces that Katharine (Katie) Phipps has joined the firm located at 872 S. Pleasantburg Dr., Greenville 29607. (864) 527-3280.
Hon. Marion D. Myers, 72, of Myrtle Beach died Aug. 27. His obituary can be found here.
Children's Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Conference Center
Board of Governors Meeting, Bar Building
Ethics Advisory Committee Meeting, Nelson Mullins, Columbia
Judicial Qualifications Committee Screening, Bar Building
Professional Responsibility Committee Meeting, Bar Building
Senior Lawyers Division Executive Council Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171.