Welcome to the South Carolina Bar's E-Blast!
February 14, 2013
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.
Chief Justice Toal to deliver State of the Judiciary address
Chief Justice Jean H. Toal will deliver her State of the Judiciary address on Feb. 20 at noon. Her speech will be broadcast live on the Internet and will be archived for later viewing. The live broadcast can be accessed from the S.C. Legislature website. A link to the archived version will be posted on the Judicial Department's website following the address.
Compliance reporting deadline quickly approaching
All active attorneys must file their 2012-2013 compliance reports with the Supreme Court Commission on CLE and Specialization by Friday, March 1. Currently, more than 75 percent of Bar members have not yet filed their reports and established compliance with the mandatory CLE requirements. Compliance reports showing sufficient credit hours, along with the filing fee, can be mailed to the Commission at P.O. Box 2138, Columbia, SC 29202 or hand-delivered (or overnighted) to the Commission’s office located at 950 Taylor St., Ste. 120, Columbia, SC 29201. Reports postmarked after March 1 must include a late fee. Questions should be directed to the Commission at (803) 799-5578 or firstname.lastname@example.org.
Happy Valentine’s Day from the Heart of the Bar
Happy Valentine’s Day! Today, we send thanks from our hearts to yours as we celebrate the 18 grantees that bring justice to low-income South Carolinians. Their stories inspire the Foundation in its mission to advance justice. Thank you to our supporters. Help us help our grantees by supporting the Bar Foundation today.
Spring Southeast Legal Hiring Conference
The 2013 Spring Southeast Legal Hiring Conference is being held Friday, April 5, at the Georgia State University College of Law. The event offers law firms the opportunity to recruit students from 12 top southeastern law schools for summer and entry-level positions. Register your firm by Wednesday, Feb. 27.
Advance Sheet update
February 13, 2013
The S.C. Supreme Court granted a writ of certiorari to review the Court of Appeals’ decision in SunTrust Bank v. Bryant, 392 S.C. 264, 708 S.E.2d 821 (Ct. App. 2011). The Court dismissed the writ as improvidently granted.
SunTrust Bank v. Bryant, No. 27216, is available online.
In answering a certified question from the U.S. District Court for the District of South Carolina, the Court recognized the dual persona doctrine as an exception to the Workers’ Compensation Act’s exclusivity provision. Under the doctrine, “[a]n employer may become a third person, vulnerable to tort suit by an employee if—and only if—it possesses a second persona so completely independent from and unrelated to its status as employer that by established standards the law recognizes that persona as a separate legal person” (Citing 6 Larson’s Workers’ Compensation Law § 113.01 (Matthew Bender, Rev. Ed. 2012)). The Court emphasized that, under S.C. law, whether the dual persona doctrine applies in a particular case turns on whether the duty claimed to have been breached is distinct from those duties owed by virtue of the employer's persona as such.
Mendenall v. Anderson Hardwood Floors, LLC, No. 27219, is available online.
On direct appeal from a sentence of death, the Court reversed and granted a new trial based on the trial court’s error in refusing to allow Rivera to testify during the guilt phase of his trial. The Court held, inter alia, that an erroneous application of evidentiary rules, which results in the wholesale exclusion of a defendant’s testimony, constitutes a structural error and is not subject to a harmless-error analysis. The Court reminded the State and bench that due process requires that defendants be accorded considerable latitude in the presentation of mitigation evidence.
State v. Rivera, No. 27220, is available online.
The Court granted a writ of certiorari to review the Court of Appeals’ direct appeal decision in State v. Gibson, 390 S.C. 347, 701 S.E.2d 766 (Ct. App. 2010). After careful consideration of the record, appendix and briefs, the Court dismissed the writ as improvidently granted.
State v. Gibson, No. 27221, is available online.
By orders of February 7, the Court accepted the resignations from the Bar of Susan Arrington Brown, Tara Denise Fetherling, Traci L. Goins, Mark J. Long, Ansel D. Orander Jr. and Honeyeh K. Zube.
By order of February 13, the Court publicly reprimanded Christopher Clay Olson for misconduct including failure to act with reasonable diligence.
By order of February 13, the Court definitely suspended P. Michael DuPree for nine months (retroactive to April 18, 2012) for misconduct including engaging in conduct tending to bring the legal profession into disrepute.
Bell Carrington, LLC announces that Brian T. Price has become a member in the firm and that it is now Bell Carrington & Price, LLC. The firm also announces that George H. "G.H." Bobotis has joined the Greenville office located at 870 Cleveland St., Ste. 1B, 29601. (864) 272-0556.
Dennis, Shaw & Drennan, LLC announces that Heather M. Gwinn has become an associate in the firm located at 103 Lafayette St., Spartanburg 29302. (864) 582-0708.
Fields & McLaurin, LLC announces that Ann Marie Sullivan has joined the firm as an associate located at 10 Commons Blvd., Seneca 29678. (864) 882-1812.
Wendi M. Freeman and Dana R. Wine announce the formation of Freeman|Wine, LLC located at 1040 eWall St., Mt. Pleasant 29464. (843) 849-1900.
Sauls Law Firm, PC announces its relocation to 4378 Oleander Dr., Unit 1, Myrtle Beach 29577. The firm's mailing address and phone number remain P.O. Box 2598, Myrtle Beach 29578, (843) 839-5030.
Adam D. Young announces the opening of Adam Young Law Firm located at 255 King St., Ste. 2, Charleston 29401. (843) 724-1563.
Ethics Advisory Committee Meeting, Bar Building
Workers' Compensation Section Council Meeting, Conference Call
Board of Governors Meeting, Kiawah Island
Environment and Natural Resources Section Council Meeting, Conference Call
Professional Responsibility Committee Meeting, Bar Building
High School Mock Trial Regional Competitions
Bar Foundation Board Meeting, Bar Building
Real Estate Practices Section Council Meeting, Conference Call
South Carolina Lawyer Editorial Board Meeting
Administrative and Regulatory Law Committee Meeting, Bar Building
Construction Law Section Council Meeting, Conference Call
Animal Law Committee Meeting, Conference Call
Elder Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
High School Mock Trial State Competition, Lexington
Senior Lawyers Division Retreat, Charleston
Employment and Labor Law Section Council Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
Corporate, Banking and Securities Law Section Council Meeting, Conference Call
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