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E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!

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.

PMAP -- Your guide to ...
New Lending Library books. Just released by the ABA: Introduction to Law Firm Practice by Michael Downey. Whether you are a new lawyer or one transitioning to a new firm, this book will help you navigate through law firm life. Topics include: understanding firm organizational structures; developing business; client intake systems; compensation for lawyers; mentoring; and more. To check out this or other books from the Lending Library, go to www.scbar.org/pmap/lendinglibrary. Books can be mailed for a small shipping and handling charge. Contact Courtney Kennaday at (803) 799-6653, ext. 183 or pmap@scbar.org if you have questions.

Call for authors!
The South Carolina Lawyer is looking for articles that appeal to a broad range of lawyers. Articles may focus on developments in the law, analysis of legal issues, ethical considerations and law practice management. If you are interested in writing an article, view the Memorandum for Authors and submit a proposal to Elizabeth Martin. Authors may receive two MCLE credit hours for articles that are at least 2000 words in length.

SCLS seeking attorneys' fees in appropriate cases
S.C. Legal Services is now allowed to seek and receive attorneys' fees after the 1996 statutory and regulatory prohibition on Legal Services Corporation (LSC) funded law firms--such as SCLS--from claiming, collecting and retaining attorneys' fees was lifted earlier this year. SCLS is a statewide law firm providing legal assistance and representation to low-income South Carolinians in a wide variety of civil cases. For more information about SCLS,  visit www.sclegal.org.

SCALA Vendor Fair coming next month!
The S.C. Association of Legal Administrators' (SCALA) annual Vendor Fair is Thursday, August 19, at the Columbia Metropolitan Convention Center. The event begins at 2:30 p.m. with an educational presentation for both administrators and vendors entitled "Where is the Tipping Point When Cutting Expenses to Increase Profits?" presented by Richard J. Nigon, CLM, CFO of Robins, Kaplan, Miller & Ciresi LLP in Minneapolis and past president of ALA. Following the presentation, up to 50 vendors will offer information about products and services of benefit to those working in the legal and finance industry. The Vendor Hall will be open from 4 to 7 p.m. There is no fee to attend the educational session or the vendor fair; however, guests are encouraged to register in advance with this registration form or by e-mailing rsvp@rtt-law.com. Hors d'oervres and beverages will be served. Door prizes will be presented during the last hour of the event. Don't wait; register today!

Advance Sheet update
June 30, 2010
This action for accounting arises out of the 2003 dissolution of Tidewater Land and Timber, Inc. (Tidewater) corporation. On appeal, Tidewater and shareholder Fonvielle challenged the special referee's awards to shareholders Robert and William Morris and finding against Tidewater and Fonvielle on their counterclaim. The issues on appeal were whether the special referee erred by failing to find that Tidewater's assets were distributed in accordance with the shareholder's dissolution agreement; whether the distribution of the Orangeburg proceeds must be decided in an accounting of CRW (a real estate partnership) rather than of Tidewater; whether the special referee erred by excluding certain testimony made by William Morris about the dissolution of Tidewater; whether the special referee erred by finding against Tidewater and Fonvielle with respect to their counterclaim; and whether equity required the reversal of the special referee's judgment.  The Court of Appeals modified the awards and otherwise affirmed the circuit court's ruling. 
Morris v. Tidewater Land & Timber, Inc., No. 4703, is online.  

Boggs pled guilty to strong-armed robbery. Prior to being sentenced, he requested credit for the time he served in pretrial detention. The plea judge indicated his desire that Boggs not receive credit, and on the sentencing sheet the plea judge did not check the box that would give Boggs credit for time served. Boggs appealed, arguing he was entitled to receive credit for the time he served pursuant to Section 24-13-40 of the S.C. Code (2007). The Court of Appeals agreed and modified the sentence to include credit for time served.
State v. Boggs,
No. 4704, is online.

In a workers' compensation action, Lancaster Convalescent Center (Employer) and Legion Insurance Company (Legion), in liquidation through S.C. Property and Casualty Insurance Guaranty Association (Guaranty), appealed the circuit court's decision affirming the decision of the Appellate Panel of the Workers' Compensation Commission (Appellate Panel) to award Hudson benefits (Hudson died from causes unrelated to her claim).  The court affirmed the circuit court's order on the abatement issue.  Pursuant to Section 42-9-280 of the S.C. Code, the court reversed the portion of the circuit court's order directing all lump sum payments be paid directly to Hudson's estate and directed the payments be paid directly to Hudson's dependent grandchildren.  The court reversed the circuit court's order affirming the Appellate Panel's decision to award interest and affirmed the 10 percent penalty imposed. 
Hudson v. Lancaster Convalescent Ctr.,
No. 4705, is online.

In this appeal challenging the enforcement of an Alabama default judgment in South Carolina, Fink asserted the circuit court erred in denying his motion for relief from judgment, arguing the judgment was void for lack of personal jurisdiction.  The court affirmed, finding that for the purposes of personal jurisdiction, Fink maintained sufficient minimum contacts to satisfy Alabama's long-arm rule and federal due process.  Consequently, the enforcement of the Alabama default judgment against Fink in South Carolina was proper. 
Pitts v. Fink,
No. 4706, is online.

July 6, 2010
The State appealed from the circuit court's discharge of Picklesimer's remaining sentence, asserting the court erred in finding Picklesimer had successfully completed his community service program (CSP), or alternatively, erred in failing to make a distinction between successful completion of CSP and timing out of CSP supervision due to fulfilling the total available revocation period. The Supreme Court reversed. The Court clarified that the "original sentence" in Section 24-21-560(D) of the S.C. Code includes the suspended and unsuspended portions of the sentence. It then held that "successful completion" of CSP connotes the completion of a maximum of two continuous years of CSP without any violations or revocations or a determination by the Department that a defendant has fulfilled his CSP responsibilities prior to two years' service in the program.  Under this adjusted interpretation, Picklesimer would not have been treated as having successfully completed his CSP because he had not served two continuous years without any violations or revocations of the CSP. 
State v. Picklesimer, No. 26831, is online. Justice Beatty wrote a concurring opinion.

Reinstatement
By order of June 30 John Earl Carter of Charlotte has been reinstated.

Reinstatements sought
William H. Jordan, who practices law in Charleston, has filed a petition for reinstatement. Persons may appear at the hearing before the Committee on Character and Fitness on August 13 at 10 a.m. in the Supreme Court Courtroom to speak in support of or against the petition. 

Ivan N. Walters has filed a petition for reinstatement. Persons may mail comments to the Committee on Character and Fitness no later than August 30, 2010.

Firm announcement
McAngus Goudelock & Courie, LLC announces the relocation of its Myrtle Beach office to 2411 N. Oak St., Ste. 401, 29577. (843) 848-6000.

In memoriam
Isadore S. Bernstein, 88, of Columbia died on June 29. His obituary can be found at The State website