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E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!
September 23, 2010
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.

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

Nationally recognized attorney to speak during Civil Law Update
Mark your calendars and reserve your hotel room today for the 2011 Bar Convention, scheduled for January 20-23 at the Hilton Head Island Marriott Resort and Spa. Don't miss this opportunity to hear from David Gross, keynote speaker for the Civil Law Update, on the topic: “How the Great Recession Has Affected the Practice of Law and Our Legal System.” As a result of his numerous trial victories, Gross has garnered national recognition as a "Top Ten Winning Litigator in the United States" (National Law Journal) and one of 50 "Rising Litigation Stars in the United States" (The American Lawyer). Visit www.scbar.org/convention for all Convention details, including a complete schedule at-a-glance, seminar agendas, general information, hotel reservations, sponsors and exhibitors. A brochure containing limited information as well as a registration form will be mailed in November.

Young Lawyers Division calls for nominations
YLD is calling for nominations for the positions of President-Elect, Secretary-Treasurer and Odd-Numbered Judicial Circuit Representatives. These positions will become vacant June 30, 2011. The term of office for the President-Elect and Secretary-Treasurer will be for the 2011-2012 Bar year, which begins on July 1, 2011, and ends on June 30, 2012. The terms for the Odd-Numbered Circuit Representatives begin on July 1, 2011, and end on June 30, 2013. For eligibility requirements and responsibilities, click here. For more information or to submit a nomination, e-mail ksmith@scbar.org.

Trust CoreVault with your data
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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.

Seminar location canceled
Please note that the Myrtle Beach satellite location for 2010 Hot Tips from the Coolest Domestic Law Practitioners on October 1 has been canceled.

Advance Sheet update
September 22, 2010

Appellant Prince brought a cause of action against Respondent Liberty Life Insurance Company contending it wrongfully terminated the $100,000 life insurance policy on his brother's life and seeking reinstatement of the policy upon payment of back premiums. The Court of Appeals affirmed the trial court's grant of summary judgment for Respondent. The court disagreed with Appellant's contention that his claim as beneficiary did not accrue until his brother's death and held Appellant had a vested interest in the insurance policy as a beneficiary while his brother was still alive because only he had the right to change the beneficiary. The statute of limitations applies to beneficiaries and begins to run once the cause of action accrues and the interest is vested.
Prince v. Liberty Life Ins. Co., No. 4741, is available online.

Garrard did not commit a willful violation of S.C. Code Ann. Section 24-21-560 (A) & (B) simply because he was physically located less than 1,000 feet from a school. Willfulness requires consciousness of wrongdoing. The decision not to hold a hearing on Garrard's motion to reconsider did not violate the Victim's Right Act because holding a hearing is not required under the Act and is within the judge's discretion.
State v. Garrard, No. 4743, is available online.

Appellant Mother appealed the family court's termination of Mother and Father's parental rights due to willful failure to visit and willful failure to support. The court reversed and remanded, holding DSS did not prove by clear and convincing evidence that Appellant willfully failed to visit or support the child. The record failed to provide details of the purported failure to visit or clear indications of willfulness. In light of her extremely limited means, Appellant's efforts to provide necessities to the child did not evince a settled purpose to forego parental duties.
S.C. Dep't of Social Services v. M.R.C.L., No. 4744, is available online.
Justice Williams dissented in a separate opinion.

The court affirmed the master's denial of Appellants' motion to dismiss based on the statute of limitations, holding it did not begin to run until Respondent first had suspicions that something was amiss. The court also affirmed the master's findings that Appellants (1) converted Respondent's funds, (2) breached a fiduciary duty and (3) should not be credited for property taxes and insurance payments. The court reversed the award of damages to Respondent, holding that although Respondent was entitled to a credit for funds converted by Appellants, he was required to repay Appellants for their contribution to the payment of his debts. The court reversed the award of punitive damages because there were no actual damages.
Moore v. Benson, No. 4745, is available online.

Firm announcement
Barton Law Firm, PA announces that Patrick Mohan has joined the firm as an associate located at 1715 Pickens St., Columbia 29201. (803) 256-6582.

Duff, White & Turner, LLC
announces that Lindsay Anne Thompson has become an associate of the firm located at 3700 Forest Dr., Ste. 404, Columbia 29204. (803) 790-0603.


Calendar

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

September 28
Nominating Committee meeting, Bar Building

October 1
Workers' Compensation Section Council meeting, Conference Call

October 8

Real Estate Practices Section Council meeting, Conference Call