E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!
September 9, 2010
E-Blast highlights upcoming activities, legal information and links to the Bar's website at

The So
uth Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.

Legislative Update now available
The Legislative Update is a comprehensive review of all legislation passed by the General Assembly during the 2010 session. It is a report 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.

Ethics Advisory Opinion summary
The Ethics Advisory Committee has issued a new opinion. The text of all opinions is available online at
10-04  It is improper to condition a settlement on the relinquishment of a right which is inherent in the right to practice law. The U.S. Supreme Court has held that lawyer advertising is a First Amendment right. Rule 5.6(b) prohibits settlements which contain restrictions on the right to practice law. 

Compleat Lawyer Award call for nominations
The USC School of Law is accepting nominations for its Compleat Lawyer Awards. Each year the Alumni Association recognizes nine outstanding  alumni at its Alumni Association Dinner. Nominees are individuals who have made significant contributions to the legal profession and  exemplify the highest standard of professional competence, ethics and  integrity. The nomination deadline is October 1. For more information  or to submit a nomination, click here.

Solo and Small Firm CLE coming up!
On September 24, the Solo and Small Firm Section will host Hot Tips for the Solo & Small Firm Practitioner devoted entirely to small firm lawyers. Speakers are from a cross-section of the state's small firms, as well as judges and government lawyers. Topics range from marketing to legal research and trust accounting to trial skills. Members of the section receive a reduced rate of $195 ($50 off). Attendees will receive a 1 GB flash drive, courtesy of the Solo and Small Firm Section! Lawyers interested in joining the section should contact Courtney Kennaday at The CLE will be held at the USC School of Law in Columbia, via live webcast and at video locations in Florence, Myrtle Beach, Charleston and Greenville. Come join us!

Dean search committee appointed
USC School of Law Provost Amiridis has appointed a School of Law Dean Search Committee. To view the list, click here.

Advance Sheet update

September 1, 2010
In this domestic relations case, Respondent father contended the family court erred in failing to follow the proper statutory procedure following removal, and therefore his children were improperly removed from his custody. The Court of Appeals agreed, holding removal was improper because the Department of Social Services (DSS) only filed an action for intervention and did not follow any of the statutory procedures for removal.
S.C. Dep't of Soc. Servs. v. Randy S., No. 4733, is available online.

September 8, 2010
Appellant Holst brought claims of negligence, breach of warranty and strict liability against Respondent KCI in this products liability action. Appellant contended the circuit court improperly weighed conflicting testimony on the issues of (1) whether the crane was defective and unreasonably dangerous; (2) whether the crane complied with applicable standards; and (3) comparing the crane to other cranes on the market. The court disagreed, finding (1) Appellant's experts did not conduct a risk-utility analysis or find a feasible design alternative to establish the crane was defective and unreasonably dangerous; (2) Respondent had clearly complied with applicable safety standards; and (3) there was insufficient evidence on the visibility provided by other cranes in the market. Because of the insufficient testimony provided by Appellant, the court found no genuine issue of material fact and affirmed summary judgment on the strict liability, negligent design and negligent warning claims. The court also held the circuit court did not err in considering conformity with industry custom as one factor in its analysis, and the legal standards from Bell Helmets, Mitchell Distributing Co. and Bragg were properly applied.
Holst v. Konecranes Int'l Corp., No. 4736, is available online.

In this workers' compensation case, the Commissioner held because of Appellant Hutson's testimony regarding his plans to work in the restaurant business, Appellant failed to show disability in his right leg and a loss of earning capacity under Section 42-9-20. The court affirmed the Commissioners' holding on earning capacity but remanded on the matter of Appellant's injured right leg. The court noted Appellant was suffering radicular symptoms in his leg and had established a prima facie case for compensation pursuant to Section 42-9-30.
Hutson v. S.C. State Ports Auth., No. 4737, is available online.

Firm announcements
Cheryl Aaron announces the opening of her practice at 12 East Ave., Greenville 29601. (864) 232-1339.

The Mike Kelly Law Group, LLC announces that W. Grayson Ervin has become an associate in the firm's Myrtle Beach office located at 816 Broadway St., 29577. (843) 946-7550.

September 10
Elder Law Committee meeting, Bar Building

September 16
Board of Governors meeting, Bar Building
Senior Lawyers Division meeting, Nexsen Pruet, Columbia
Family Law Section Council meeting, Bar Building

September 17
Probate, Estate Planning & Trust Section Council meeting, Conference Call
Trial & Appellate Advocacy Section Council meeting, Conference Call