E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!
September 15, 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.

Board of Governors met
The Board of Governors met today at the Bar building.

A request to create a Community Association Law Committee was approved.

A request from the Employment and Labor Law Section to oppose the Department of Labor’s proposed amended interpretation of Section 203 of the Labor-Management Reporting and Disclosure Act (Persuader Rules) was approved.

The Board approved requests from the Law Related Education Committee to host a We the People competition in conjunction with the N.C. Bar Association (in lieu of the national competition); establish an award in recognition of long-term retiring volunteers; and create a social media presence for mock trial participants.

The Board approved a new member benefit offering discounts on Rocket Matter’s practice management and time-billing services. The Board also approved display of links to member websites and the development of an online community that will enhance member database profiles.

The Board received reports from the Lawyer Image, Member Involvement and HELP Task Forces and the Solo and Small Firm Section.

The Board also received reports from Board members who attended meetings with representatives from county bar associations.

Help make Mock Trial rock!
It is that time of year again! The Law Related Education (LRE) Division is seeking volunteers for its growing Mock Trial programs, which teach middle and high school students about the legal system through trial role playing. Mock Trial volunteers enjoy the thrill of competition while scoring and presiding over trials. LRE needs attorney volunteers to score the competitions, attorney coaches to help prepare the teams and student volunteers to help behind the scenes. Competition dates and locations are as follows: Nov. 5, Middle School Mock Trial Regional Competitions (Conway, Greenville and Lexington); Dec. 9-10, Middle School Mock Trial State Competition (Lexington); Feb. 25, High School Mock Trial Regional Competitions (Charleston, Conway, Greenville and Lexington); and March 9-10, High School Mock Trial State Competition (Columbia). All attorney volunteers earn pro bono credit for their hours dedicated to the Mock Trial program. To learn more or volunteer, contact Cynthia H. Cothran at or at (803) 252-5139.

ODC seeking to fill Attorney II position
The Office of Disciplinary Counsel is seeking a Bar member to investigate and prosecute allegations of misconduct and incapacity. The full job description can be found here
Please forward expressions of interest and resumes to Lesley M. Coggiola, Disciplinary Counsel, S.C. Supreme Court, P.O. Box 12159, Columbia, SC 29211.

It's a good idea to ...
Send a non-engagement letter to anyone you decide not to represent. Take the affirmative step to clarify that you are not accepting the client, the case or the professional responsibility. For a sample letter, click
here. For more information, contact Jill Rothstein, Risk Management Director, at

Court rescinds order
Pursuant to the provisions of the S.C. Constitution, Article V, Section 4, Chief Justice Jean H. Toal ordered that the Administrative Order dated Aug. 16, 2011, approving the Circuit Court Order and Judgment Coversheet (SCCA 290) and the Family Court Order and Judgment Coversheet (SCCA 290F) is rescinded. These forms are no longer available on the S.C. Judicial Department website.

Dorn VA seeking IRB member
The William Jennings Bryan Dorn VA Medical Center is seeking an attorney to become an active, voting member of the Institutional Review Board (IRB), the committee responsible for the protection of human research subjects. If interested, please contact Larry Peck at (803) 776-4000, ext. 6825 or

Advance Sheet update
September 15, 2011
In this construction defects case, the S.C. Court of Appeals found no reversible error in the jury instructions. The trial court correctly charged the jury that damages must be awarded to the extent they were proven. The trial court did not err in declining to decertify the class since the representatives' claims were typical of the claims of the other class members. The court also found no error by the trial court in the punitive damages findings made under Gamble. The court affirmed the trial court's grant of directed verdicts on the negligence claims and the trial court's denial of the appellants' motions for directed verdict and JNOV. The court found no reversible error in the award of punitive damages.
Pope v. Heritage Cmntys., No. 4888, is available

Under the circumstances, the court held summary judgment was premature in this employment non-compete and non-solicitation case. The court reversed and remanded the case for further development of the facts in order to clarify application of the law. The court directed the circuit court to rule on Lucas' Motion to Strike the Supplemental Affidavit of Yarborough, the third-party defendant. Finally, the court instructed the circuit court to apply S.C. law in evaluating the non-solicitation provision contained in this employment agreement. 
Team IA, Inc. v. Lucas, No. 4889, is available

The court affirmed and found the Workers' Compensation Commission’s appellate panel committed no error of law by relying on McLeod in its assessment of an expert’s credibility and the weight to afford his opinion. The remaining issues had been abandoned by the appellant because he failed to cite any statute, rule or legal authority for the other three issues in his brief.
Potter v. Spartanburg School Dist. No. 7, No. 4890, is available

Firm announcements
Elrod Pope Law Firm announces that Garrett B. Johnson has joined the firm as an associate located at 212 E. Black St., Rock Hill 29730. (803) 324-7574.

Benjamin T. Shelton
announces that he has joined the 9th Circuit Solicitor's Office located at 300-B California Ave., Moncks Corner 29461. (843) 719-4496.

September 16

Ethics Advisory Committee Meeting, Nelson Mullins, Columbia

September 20
Insurance Programs Committee Meeting, Bar Building

September 21-22
Judicial Qualifications Committee Screening, Bar Building

September 23
Professional Responsibility Committee Meeting, Bar Building

September 28
Senior Lawyers Division Executive Council Meeting, Bar Building

October 7
Children's Law Committee Meeting, Bar Building

October 13
Practice and Procedure Committee Meeting, Bar Building

October 14
Resolution of Fee Disputes Circuit Chairs Meeting, Bar Building

To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at or (803) 799-6653, ext. 171. 

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