Welcome to the South Carolina Bar's E-Blast!
September 20, 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.
Alex Evins: Proud to be a S.C. Lawyer
Spartanburg lawyer Alex Evins is featured in the "Proud to be a South Carolina Lawyer" video series, designed to present a glimpse into the lives of 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.
Legislative Update now available
The Legislative Update is a comprehensive review of all legislation passed by the General Assembly during the 2011 session. The report is intended to provide a brief synopsis of newly enacted legislation and is generally categorized for ease of review. Please refer to the actual text of the legislation for detailed provisions.
Don't miss out!
The small firm, business and technology event of the season is this Friday, Sept. 23, and there's still time to register! Don't miss this unique seminar, “Exploring the Business Side of Law Firms," at the Columbia Marriott. Lawyers today are faced with many challenging issues, from cloud computing and court appointments to the recent rule changes on trust accounts. How can you effectively market in a down economy? Can you save time and money by switching to a paperless office? Find the answers to these and other questions from top national and local speakers, as well as exhibitors from the legal software and products world, including Tabs3, Clio and Rocket Matter. This seminar qualifies for 6.0 MCLE credit hours, including 1.0 hour of ethics.
S.C. Law Review to host symposium
The S.C. Law Review will hold its 2011 Symposium, Personal Jurisdiction for the 21st Century: The Implications of McIntyre and Goodyear Dunlop Tires, on Oct.13-14 at the USC School of Law. Keynote speaker Arthur R. Miller and a distinguished panel will consider these Supreme Court cases and discuss their implications. For more information and to register, click here.
Advance Sheet update
September 20, 2011
In this family court case, the S.C. Supreme Court reviewed the novel issue of whether an action for separate maintenance and support can be pursued when the parties are still living together. The Court held the action cannot be maintained. Due to the Court’s conclusion that this action fails as a matter of law, the Court further held that the family court did not err in canceling the lis pendens and request for attorney's fees filed in conjunction with this suit.
Theisen v. Theisen, No. 27041, is available online.
Justice Pleicones concurred in part and dissented in part in a separate opinion in which Justice Beatty concurred.
The Court accepted the certified question from the Hon. Terry L. Wooten, U.S. District Court for the District of S.C., of whether the S.C. Solid Waste Policy and Management Act, S.C. Code Ann. §§ 44-96-10, et. seq. (2002) (SWPMA), preempts Horry County Ordinance 02-09 (2009), which deals with the collection and disposal of solid waste. The Court answered the question in the negative.
Sandlands C&D, LLC v. County of Horry, No. 27042, is available online.
In this criminal case, the appellant was convicted of two counts of committing a lewd act upon a minor. The Court reversed the appellant’s conviction and found the trial court erred in allowing the State to introduce the forensic interviewer's written reports from her interviews with the children. Specifically, the Court found the reports contained inadmissible hearsay that improperly bolstered the children's testimony, that they impermissibly allowed the forensic interviewer to vouch for the credibility of the children and that their admission was not harmless. Whether the trial court erred in allowing the State to introduce the videos of the interviews before the children had testified was not preserved for review.
State v. Jennings, No. 27043, is available online.
Justice Kittredge concurred in a separate opinion in which Justice Hearn joined.
Chief Justice Toal dissented in a separate opinion.
J.M. Long III has petitioned for reinstatement. The Committee on Character and Fitness invites appearances on Oct.14 in support of or in opposition to the petition.
Gallivan, White & Boyd, PA announces that Gray T. Culbreath has joined the firm located at 1201 Main St., Ste. 1110, Columbia 29201. (803) 779-1833.
Nelson Mullins Riley & Scarborough, LLP announces that Dow A. Davidson has joined the Charleston office located at Liberty Center, 151 Meeting St., Ste. 1600, 29401. (843) 853-5200.
Judicial Qualifications Committee Screening, Bar Building
Professional Responsibility Committee Meeting, Bar Building
Senior Lawyers Division Executive Council Meeting, Bar Building
Children's Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
Resolution of Fee Disputes Circuit Chairs Meeting, Bar Building
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Asheville
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.