Welcome to the South Carolina Bar's E-Blast!
July 19, 2012
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.
Funeral services for Retired Chief Justice A. Lee Chandler
The Hon. A. Lee Chandler, former Chief Justice of the S.C. Supreme Court, died on July 18. Funeral services will be held at 2 p.m. on Saturday, July 21, at St. Matthews Episcopal Church (210 S. Main St. in Darlington).
Confronted with an ethics question and need answers? We do that! The Ethics Hotline offers access to experienced staff lawyers who are available to discuss and analyze ethics issues and professional responsibility dilemmas. Call (803) 799-6653, ext. 154 or e-mail firstname.lastname@example.org. The contact is confidential under Rule 8.3 of the Rules of Professional Conduct. Also, the Ethics Advisory Committee issues advisory opinions for members on prospective ethics problems. The full text of all ethics opinions since 1958 is available at www.scbar.org/ethics.
Nominating Committee to meet
The Nominating Committee will meet Sept. 18. The Committee will be nominating persons to fill the offices of President-Elect, Treasurer, Secretary, one member each of the Board of Governors for Judicial Regions 1 (Circuits 7, 10, 13 and 16), 2 (Circuits 5, 6, 8 and 11) and 3 (Circuits 3, 4, 12 and 15) and one State Bar Delegate to the American Bar Association.
Members of the Bar are encouraged to forward names to a Committee member for consideration for nomination to these offices. Names may also be forwarded to the Committee through Executive Director Bob Wells. Persons seeking office will be asked to submit materials to the Committee which demonstrate their leadership abilities in Bar activities and in other capacities in service to the legal profession.
The Committee members are Marvin Quattlebaum, Greenville, Chair; Doug Jennings, Bennettsville; Stuart Mauney, Greenville; Marie-Louise Ramsdale, Mt. Pleasant; Pamela Roberts, Columbia; Hal Strange, Georgetown; Hagood Tighe, Columbia; and Bruce Wallace, Charleston.
S.C. Bar Foundation accepting Ronnie M. Cole CLE Scholarship applications
The Bar Foundation is accepting applications for scholarships from the Ronnie M. Cole CLE Scholarship Fund until Aug. 15. The fund provides scholarships to lawyers who need help with the cost of the required continuing legal education seminars. The scholarships will be used to attend a qualifying course offered by the S.C. Bar CLE Division. Any member of the S.C. Bar, in good standing, is eligible for a scholarship provided he or she can show sufficient financial need. Applicants should note that the scholarship committee will give preference to attorneys who practice with a Bar Foundation grantee, past or present. To download the application, visit www.scbarfoundation.org/cle.asp. For questions, contact Juliana Sobey at email@example.com.
Another attempt to steal monies from a law firm has surfaced. The prospective client claims, through e-mail contacts with a South Carolina firm, that he was referred by a real bar member (in this case, an inactive member of the State Bar of California, in good standing), and requests assistance in a debt recovery and possible litigation matter. He claims the debt is a result of outstanding payment for goods supplied by a legitimate company (in this case, Williams Machine & Tool Co. in Charleston) and would like to reach an informal resolution while maintaining a good relationship with his client after the debt collection is complete. The prospective client claims that he is from a legitimate company (in this case, S&P Manufacturing in San Jose, Calif.).
SRBLSA job fair
The Southern Region of the Black Law Students Association is hosting its eighth annual job fair Aug. 24 and 25 at the Sheraton Four Seasons Hotel in Greensboro, NC. Your firm or organization can participate by interviewing candidates for open positions, collecting resumes from potential employees or sponsoring the event. For more information and the employer packet, click here or e-mail firstname.lastname@example.org. Deadlines have been relaxed.
PMAP–Your guide to …
Smooth traveling. Regardless of whether it’s for business or pleasure, travel can be stressful. Fortunately, there are numerous apps and tips out there to keep travel hassles to a minimum. Check out the Field Guide for Mobile Lawyers for stress-reducing tips, productivity tools and other advice for lawyers who work on the move. Five Mobile Apps to Reduce Airport Hassles contains links to some great apps, such as Skyscanner, which can help you quickly find an alternate flight if yours gets canceled. For more travel tips, check out the most recent blog post on the S.C. Small Firm blog. PMAP is practice management advice for Bar members. For more information, call (803) 799-6653, ext. 183 or e-mail email@example.com.
Fourth Circuit Court of Appeals summaries
Members of the South Carolina Law Review have summarized newly published cases from the Fourth Circuit Court of Appeals. The summaries can be found here.
Advance Sheet update
July 18, 2012
In this workers’ compensation appeal, the S.C. Supreme Court affirmed the Appellate Panel of the Workers’ Compensation Commission, holding that the employee was disabled and did not constructively refuse light duty work. The Court reasoned that, per Section 42-1-120 of the S.C. Code and Shealy v. Algernon Blair Inc., 250 S.C. 106, 156 S.E.2d 646 (1967), the employee was disabled because her injuries prevented her from obtaining any employment. Further, the Court held that the employee did not constructively refuse light duty work by voluntarily resigning from her employment before the employer had the opportunity to offer her such work.
Johnson v. Rent-A-Center, Inc., No. 27145, is available online.
The Court of Appeals affirmed the circuit court’s decision to grant the defendant early parole eligibility under Section 16-25-90 of the S.C. Code. Sentenced for the voluntary manslaughter of his wife, the defendant presented evidence that he suffered criminal domestic violence (CDV) at his wife’s hands, and thus under Section 16-25-90, was eligible for parole after serving one-fourth of his sentence. The court held that the circuit court correctly interpreted the statute based on legislative intent, and while there was evidence that the defendant was the instigator in several of these CDV incidences, the defendant nevertheless satisfied the statute’s requirements for early parole eligibility.
State v. Hawes, No. 5001, is available online.
The court affirmed the defendant’s convictions for attempted armed robbery, attempted burglary and possession of a weapon during the commission of a violent crime and held that the trial court did not err in dismissing the charges against the defendant on the grounds that the state mishandled the photo lineup and the possibility that the lineup contained exculpatory information favorable to the defendant’s defense at trial. The state’s inability to produce the photo lineup at trial did not amount to a due process violation for the defendant because the defendant did not establish that the lineup possessed an exculpatory value before it was lost and did not demonstrate that he could not obtain other evidence of comparable value by other means.
State v. Bland, No. 5002, is available online.
In this appeal arising from the probate court’s order approving the respondent’s claims pursuant to the S.C. Uniform Gift to Minors Act (UMGA), the court reversed, holding that the respondent’s claims are barred by the time limitation set forth in Sections 62-3-801(a) and 62-3-803(a) of the S.C. Probate Code. Creditors who are not given actual notice of the probate of the estate, such as the respondent, must present their claims within eight months after the date of the first publication of the notice or be forever barred, and the respondent filed her statements of claim more than nine months after the first publication of notice.
Phillips v. Quick, No. 5003, is available online.
The court affirmed the trial court’s award of the balance of the death benefit of a life insurance policy to the father of the decedent. When the wife and decedent divorced, the divorce decree incorporated a settlement agreement which referenced the decedent’s life insurance policy benefiting his minor children. While the wife argued that she and the children were entitled to the entire policy, the court held that the settlement agreement only provided for a specific amount to be provided to them, and therefore the rest of the proceeds were awarded to the father, the other named beneficiary on the policy. Further, the court held that the separation agreement did not require the wife to be named as the sole beneficiary of the policy, and thus she was not entitled to a constructive trust for the entire proceeds of the policy.
State Mutual Ins. Co. v. Ard, No. 5004, is available online.
In this dispute wherein church trustees and deacons sought to enjoin the appellant from continuing to act as a pastor at their church, the court affirmed, per curiam, the trial court’s finding that the appellant was in contempt. The court rejected the appellant’s argument that the trial court did not have subject matter jurisdiction over internal church matters, as the trial court was just restoring the status quo to enable the church to act pursuant to its own by-laws. The court also rejected the appellant’s argument that the trial court erred in ordering him to reinstate the respondents to their former positions because the court was applying the church’s by-laws.
McCain v. Brightharp, No. 5005, is available online.
William Hartwell Jackson, 84, of Columbia died on July 14. His obituary can be found here.
By order of July 13 the Court placed Kenneth C. Krawcheck on interim suspension. Jeffrey Gerardi is the trustee.
By order of July 18 the Court issued a public reprimand (with additional conditions) to Verdell Barr for misconduct which included failing to file an appeal and failing to diligently pursue probate of an estate.
James T.H. Buxton announces the opening of Buxton Legal Group, LLC located at 1470 Ben Sawyer Blvd., Ste. B-8, Mt. Pleasant 29464, (843) 606-2397, and that Brian M. Collie has joined the firm as an associate.
Phillip Florence Jr. announces the opening of The Florence Law Group, LLC located at 285-A Meeting St., Charleston 29401. (843) 789-3107.
The Law Office of Margaret S. Day, LLC announces its relocation to 181 Bluffton Rd., Bldg. F, Ste. 203, Bluffton 29910. (843) 836-3714.
M. Allison Moon announces the formation of Moon Law located at 1 Augusta St., Ste. 301, Greenville 29601, (864) 271-1595, and that Sarah Brown and Luke Burke have joined the firm as associates.
Ogletree, Deakins, Nash, Smoak & Stewart, PC announces that Chris Anderson and Tim Whisler have joined the Charleston office located at 211 King St., Ste. 200, 29401. (843) 853-1300.
Jeanette M. Samra-Arteaga announces the opening of The Law Offices of Jeanette M. Samra-Arteaga, PA located at 694 Jamestowne Dr., Ste. B, Garden City 29576. (843) 655-3989.
Ethics Advisory Committee Meeting, Bar Building
Pro Bono Committee Meeting, Bar Building
Dispute Resolution Section Council Meeting, Conference Call
Elder Law Committee Meeting, Bar Building
Law Related Education Committee Retreat, Nelson Mullins (Columbia)
Professional Responsibility Committee Meeting, Bar Building
Foundations of Democracy Training, Bar Building
Community Association Law Committee Meeting, Bar Building
Environment and Natural Resources Section Council Meeting, Conference Call
Employment and Labor Law Section Council Meeting, Conference Call
Construction Law Section Council Meeting, Conference Call
Memory Hold the Door Committee Meeting, Bar Building
Real Estate Practices Section Council Meeting, Conference Call
Family Law Section Council Meeting, TBA
Tax Law Section Council Meeting, Conference Call
Military and Veterans Law Section Council Meeting, Bar Building
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