Welcome to the South Carolina Bar's E-Blast!
September 27, 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.
Barbara Seymour: Proud to be a S.C. Lawyer
Columbia lawyer Barbara Seymour 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.
Nominees for offices in the S.C. Bar were selected last week by the Bar's Nominating Committee. Members nominated were Alice F. Paylor of Charleston for President-Elect, J. Calhoun Watson of Columbia for Treasurer, Anne S. Ellefson of Greenville for Secretary and William Witherspoon of Columbia for Chair of the House of Delegates. Nominated for seats on the Board of Governors were James Edward Bradley of W. Columbia for the Second Judicial Region and Edward K. Pritchard III of Charleston for the Fourth Judicial Region. Nominated to serve as ABA State Bar Delegates were Rosalyn W. Frierson of Columbia and Daniel B. White of Greenville. Section 9.3 of the Constitution of the S.C. Bar governs the nominating procedure. The nominations close on Jan. 15, 2012.
The 2011 Solo & Small Firm CLE and Annual Meeting is in the record books!
Exploring the Business Side of Law Firms was a huge success! Last Friday more than 200 attendees, 14 exhibitors and speakers from throughout the state came together to discuss how to succeed as a solo and small firm. Bar President Marvin Quattlebaum addressed the group luncheon and reiterated the Bar’s commitment to the needs and interests of small firm lawyers. Section Chair Linda Farron Knapp appealed to all small firm lawyers in South Carolina to join the Section and participate in Section projects. For more information or to join the Section, contact Courtney Kennaday at email@example.com.
Pro bono law clerks available through USC program
Through its Carolina Clerks program, the USC School of Law will pair a law clerk with lawyers handling pro bono DSS cases. The goals of this program are to provide lawyers handling these cases with free, much-needed help and to provide law students with experience handling DSS or criminal cases. For more information or to have a clerk assigned, contact Pam Robinson at firstname.lastname@example.org or (803) 777-3405. Participating lawyers must certify that the clerk will only work on pro bono matters.
Reception for seminar registrants
Registrants of S.C. Elder Law and Medicaid Boot Camp and Representing Veterans Before the Department of Veterans Affairs are invited to join other Elder Law and V.A. Benefits seminar colleagues for a reception at the Bar Conference Center at 5:30 p.m. on Thursday, Sept. 29. If you have not yet registered for either of these outstanding seminars, click here! There is special discounted pricing for attending both programs, but registration for either entitles you to attend the reception.
Court form changes
The S.C. Judicial Department has posted changes to the following forms: Form SCRCP Form 4C, Judgment in a Civil Case and SCRCP Form 4F, Judgment in a Family Court Case. The use of these revised forms will become mandatory on Oct. 17, 2011. To retrieve these forms, click here.
Advance Sheet update
September 27, 2011
In this civil case involving lease of property, the Supreme Court found that the Court of Appeals did not err in affirming the master’s holding. Under the two-issue rule, the Court of Appeals should have declined to address the merits of the petitioner's argument since the petitioner failed to challenge all three grounds on which the master's judgment was based. Because the petitioner never argued until direct appeal that she should retain the security deposit, the Court found the Court of Appeals properly held the issue was not preserved for appeal.
Atlantic Coast Builders & Contractors v. Lewis, No. 27044, is available online.
Justice Hearn concurred in part and dissented in part in a separate opinion in which Justice Kittredge concurred.
Chief Justice Toal dissented in a separate opinion.
The Court originally granted a writ of certiorari to review the Court of Appeals' decision in Carpenter v. Burr, 381 S.C. 494, 673 S.E.2d 818 (Ct. App. 2009). Here, the Court dismissed the writ as improvidently granted.
Carpenter v. Burr, No. 27046, is available online.
In this criminal case, the petitioner was convicted of voluntary manslaughter. The Court reversed the conviction, finding that the petitioner was entitled to a directed verdict on the issue of self-defense. Even viewing the facts in a light most favorable to the State, the Court found the State failed to disprove the elements of self-defense beyond a reasonable doubt.
State v. Dickey, No. 27047, is available online.
Justice Pleicones concurred in a separate opinion.
Justice Beatty dissented in a separate opinion.
By order of September 26 the Court imposed a one year suspension (retroactive to May 5, 2010) on Richard M. Campbell for misconduct which included failing to respond to the Office of Disciplinary Counsel and failing to ensure that the firm had measures in place which gave reasonable assurance that the staff's conduct would comply with the lawyer's professional obligations.
W. Baxter Harwell announces the opening of Harwell Law Firm, PA located at 1293 Professional Dr., Ste. D, Myrtle Beach 29577. (843) 839-2650.
McKay, Cauthen, Settana & Stubley, PA announces that Kelli Sullivan has joined the firm located at 1303 Blanding St., Columbia 29201. (803) 256-4645.
Pro Bono Committee Meeting, Conference Center
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
Ethics Advisory Committee Meeting, Nelson Mullins, Columbia
Professional Responsibility Committee Meeting, Bar Building
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.