E-Blast Archive Issue

Welcome to the South Carolina Bar\'s E-Blast!
September 14, 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.

Public hearings scheduled for judicial candidates
The Judicial Merit Selection Commission has scheduled public hearings for Tuesday, November 16, regarding the qualifications of candidates for judicial positions listed in this media release. Individuals interested in testifying must submit written notarized statements of proposed testimony by noon on November 2. Statements should be mailed or delivered to Jane O. Shuler, Chief Counsel, 104 Gressette Building, P.O. Box 142, Columbia, SC 29202. For further information about the JMSC and the judicial screening process, visit Questions concerning the hearing and procedures should be directed to the Commission at (803) 212-6623.

Reminder: Lawyers Desk Books still available!
The 2010-2011 Lawyers Desk Books are still available for purchase. Print and CD-ROM versions are $25 plus tax. Visit for ordering options.

Labor & Employment Law Program coming up
Mark your calendars for the 26th Annual NC/SC Labor & Employment Law Program October 22-23 at the Grove Park Inn in Asheville. This program has been approved for 11.25 MCLE credit hours, including up to 1.0 LEPR credit hour by the Commission on CLE and Specialization. It has also been approved by the Commission for 11.25 hours of CLE specialty credit for employment and labor law specialists. For hotel reservations, please contact the Grove Park Inn directly by calling (800) 438-5800 or (828) 252-2711. To register and for additional information, click here. For questions, please contact the N.C. Bar Association CLE Division by calling (800) 228-3402 or (919) 677-8745. Labor and Employment Law for South Carolina Lawyers, Fourth Edition, will be available on-site for purchase.

PMAP -- Your guide to...
Disaster preparedness. Hurricane season is here, but disasters can come in many forms. Make time to review and update your firm\'s disaster procedures. The Bar\'s Prepare booklet makes it easy to do -- just follow the checklists. Order your free Prepare booklet by e-mailing Be sure to include your mailing address. Questions? Contact Courtney Kennaday at or (803) 799-6653, ext. 183.

Pro Bono spotlight: Seeking volunteers for arts and GALs
Do you have a desire to serve deserving artists in South Carolina? The goal of the S.C. Volunteer Lawyers for the Arts is to match artists and arts organizations in need of legal assistance with qualified attorneys in a timely manner. If you are interested in volunteering time and service, complete this form or contact Pam Robinson at All the other benefits of being a pro bono lawyer will come your way!

An ad hoc group was formed to develop a plan to address the guardian ad litem system for Emergency Adult Protective Service (APS) cases. The group has decided to implement a six-month stop gap in which volunteer attorneys will serve as GALs in APS cases until December 2010. Attorneys interested in volunteering to serve as volunteer GALs in APS cases should contact Cindy Coker at (803) 799-6653, ext. 142 or Volunteers will receive pro bono credit for appointments.

Advance Sheet update
September 13, 2010
The Supreme Court issued an initial opinion after which Respondents and Ford presented the Court with motions to clarify. The Court granted the motions to clarify and substituted this opinion for the original opinion.
Watson v. Ford Motor Co., No. 26786, is available online.
Justice Pleicones concurred in part and dissented in part in a separate opinion.

In this attorney disciplinary matter Respondent was accused of having sexual relations with the wife of one of his clients during the period of time in which he was representing the client. The Court held a sexual relationship between an attorney and the spouse of a current client creates an impermissible conflict of interest between the attorney and client due to the significant risk that the representation of the client will be limited by the personal interests of the attorney, and therefore it is a per se violation of Rule 1.7, SCRPC.
In the Matter of Anonymous Member of the S.C. Bar, No. 26879, is available online.

In this workers\' compensation case, the Court held because there is no statute of limitations in Title 42 that applies to a claim for reimbursement, the statute of limitations in Section 15-3-600 would apply to a claim for reimbursement. The Court also held (1) the proper time for accrual to begin is the date notice is given to the Second Injury Fund, and (2) the laches claim was not preserved because Appellant failed to plead the claim and the commission did not rule on it. Appellant\'s argument that Great American was not entitled to reimbursement because claimant\'s hypertension and liver failure did not preexist claimant\'s occupational exposure was deemed abandoned on appeal due to lack of supporting authority.
Transp. Ins. Co. v. S.C. Second Injury Fund, No. 26880, is available online.
Justice Pleicones and Acting Justice James E. Moore concurred in part and dissented in part in a separate opinion.

Reinstatement sought
Ivan N. Walters has petitioned for reinstatement. The Committee on Character and Fitness has scheduled a hearing on October 21 at which persons may appear in support of or in opposition to the petition.

Firm announcements
Curtis & Croft, LLC announces that William A.W. Buxton has joined the firm located at 28 N. Main St., Sumter 29150. (803) 778-7404.
Catherine D. Owens and Angela D. Rayl announce the opening of Owens & Rayl, LLC located at 4999 Carolina Forest Blvd., Ext., Ste. 22-B, Myrtle Beach 29579. The firm\'s mailing address is P.O. Box 50644, Myrtle Beach 29579. (843) 903-6673.

Kent D. Talbert announces the opening of Talbert & Eitel, PLLC located at 1455 Pennsylvania Ave., NW, Ste. 400, Washington, DC 20004. (202) 652-2324.

Jodie Turbyfill-Mercereau
announces her relocation to 718 W. Trade St., Unit 210, Charlotte 28202. (919) 815-3148.

The judges of the U.S. Bankruptcy Court announce the addition of three new law clerks. Kimberly Newton joins the chambers of Chief Judge John E. Waites, Lauren Thorne joins the chambers of Judge Helen Elizabeth Burris and Dawn Hardesty joins the chambers of Judge David R. Duncan.

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

September 17
Ethics Advisory Committee meeting, Nelson Mullins, Columbia
Trial & Appellate Advocacy Section Council meeting, Conference Call

September 24
Probate, Estate Planning & Trust Section Council meeting, Conference Call
Professional Responsibility Committee meeting, TBA

October 8
Real Estate Practices Section Council meeting, Conference Call