E-Blast Archive Issue
Welcome to the South Carolina Bar's E-Blast!
September 16, 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.

Board of Governors meets
The Board of Governors met today in Columbia.

The Board approved a request from the Law Related Education Committee to add courtroom artist and journalist components to the high school mock trial competition. A request from the Committee to sell souvenir items at state competitions as a means of fundraising was also approved.

The Board approved a request from the Senior Lawyers Division to cosponsor a statewide Law Day Essay Contest using winning entries for county-based competitions.

A request from the Professional Responsibility Committee to file suggested changes to the Court's draft Rule 5.8, Rule 407, SCACR, was approved.

The Board approved a request from the Young Lawyers Division for additional funds to support recruitment efforts for a national conference of young lawyers in South Carolina.

A request from the Convention Committee to host the 2012 Bar Convention in Columbia was approved.

The Board approved the development of an electronic supplement to the Lawyers Desk Book containing contact information for county offices.

The Board received reports on the S.C. Bar Foundation, initiatives to support the USC School of Law and a meeting with members of the Dorchester County Bar.

The Board authorized organization of a reception to follow the investiture ceremony of Judges Childs and Gergel.

Immigration law committee
The Board of Governors is considering whether to create an Immigration Law Committee. If you practice immigration law and would be interested in being in a group which would electronically exchange ideas and issues, please contact Bob Wells at

Announcing the Bar Foundation Public Interest Fellows Project

The USC School of Law Pro Bono Program and your Bar Foundation are proud to announce the

Bar Foundation Public Interest Fellows

project. Ten law students are working under the direct supervision of an attorney. Host entities include the Alternatives to Incarceration Program run by the Center for Fathers and Families, CASA, S.C. Legal Services, Protection and Advocacy for People with Disabilities, S.C. Appleseed Legal Justice Center, S.C. Access to Justice Commission, S.C. Bar Pro Bono Program, S.C. GAL Program and Sistercare. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability.

Please join us


Conference on Ensuring an Independent and Diverse State Judiciary

The League of Women Voters in S.C. is sponsoring the

Conference on Ensuring an Independent and Diverse State Judiciary

on October 8 from 1 to 5:30 p.m. at the Charleston Museum Auditorium located at 360 Meeting St. The conference is free and will focus on the importance of an independent and diverse judiciary in South Carolina and examine the impact of the judicial selection process on reaching that goal. Contact Barbara Zia at

or Constance Anastopoulo at

for more information. Register by October 5 at (803) 251-2726 or

. A reception will follow the conference at Alluette's Jazz Cafe located at 137 Calhoun St.

Advance Sheet update

September 15, 2010

The Court of Appeals reversed the trial court's finding that Respondent Kennedy was entitled to underinsured motorist coverage, holding Respondent was not "upon" the manure truck when he was hit by the pickup truck and momentarily pinned to the manure truck. Respondent had gone inside a restaurant, then returned to the parking lot and was standing near the truck talking when the accident occurred. Therefore, he did not qualify as being "in, upon, getting in, on, out or off" the manure truck at the time of the accident under the policy.

S.C. Farm Bureau Mutual Ins. Co. v. Kennedy

, No. 4738, is available



The court affirmed the Administrative Law Court's holding that O'Shea did not need to be licensed as a private investigator under Section 40-18-80(D) in order to work as a death penalty mitigation specialist.

O'Shea v. S.C. Law Enforcement Div.

, No. 4739, is available



The court affirmed the circuit court's decisions to (1) rewrite the parties' contract to make it a 20-year lease instead of a five-year lease with an option for three renewals; (2) ignore relevant statutory authority concerning the expiration of a tenancy of a term of years; (3) apply case law concerning a tenant's default in paying rent rather than a decision concerning a tenant's attempt to exercise an option to continue the lease beyond the purported end of the lease period; and (4) consider parole evidence and equitable defenses. The court held the lease did not require United Energy to tender the increased rent before the end of the initial lease term to renew the lease for a second term. Because the lease was renewed for a second term pursuant to the terms of the parties' agreement, United Energy's tenancy did not automatically end pursuant to Section 27-35-110. Any determination of the merits of the remaining two issues would not affect the holding. Therefore, the court declined to address them.

McNair v. United Energy Distrib

., No. 4740, is available




By order of September 15 the Court reinstated Steven Mark Hopkins as an Inactive Member.

Firm announcement

The Hon. Ponda A. Caldwell
announces Christy K. Noll has become Associate Probate Judge with offices located at 180 Magnolia St., Spartanburg 29306-2392. (864) 596-2556.


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, Nelson Mullins, Columbia

October 8

Real Estate Practices Section Council meeting, Conference Call

To be added or deleted from the E-Blast mailing list, please contact Latoya Jackson in Membership Services at or (803) 799-6653, ext. 137.