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E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!
October 7, 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. 

Court adopts amendments concerning disbursement of funds
By order of October 7, the S.C. Supreme Court has amended Rule 1.15(f), RPC, Rule 407, SCACR, concerning disbursement of funds in trust accounts. The Court adopted the amendments after receiving requests for changes from the Bar and the SC Association for Justice. Amendments adopted at the request of the Bar restructure the text of section (f) and divide it into several subsections, add a section permitting disbursement of funds where ten days have passed and there is no notice that the credit for or collection of the funds has been delayed or impaired, and provide several new comments to the Rule. Amendments adopted, with modification, at the request of the S.C. Association for Justice permit checks issued by insurance companies to be disbursed immediately in cases where those checks total $50,000 or less. To view the order in its entirety, click here.

Blue Ribbon Panel report released
The Blue Ribbon Panel has released its report to President Harris Pastides and Provost Michael Amirides regarding the University of South Carolina School of Law. To read the report, click here.

Help make mock trial rock!
It is that time of year again! The Law Related Education (LRE) Division is seeking attorney coaches to help prepare Lower Richland High School, Longleaf Middle School, Hopkins Middle School and E.L. Wright Middle School mock trial teams. Mock trial volunteers enjoy the thrill of competition while scoring and presiding over trials. Competitions dates and locations are as follows:  November 13, Middle School Mock Trial Regional Competitions (Charleston, Columbia, Conway and Greenville); December 4, Middle School Mock Trial State Competition (Lexington); February 26, High School Mock Trial Regional Competitions (Charleston, Columbia, Conway and Greenville); and March 11-12, High School Mock Trial State Competition (Columbia). All attorney volunteers earn pro bono credit for their hours dedicated to the mock trial program. To learn more or volunteer, contact Cynthia H. Cothran at ccothran@scbar.org or at (803) 252-5139.

S.C. Law Review Symposium: Judicial Independence
The S.C. Law Review cordially invites members of the Bar to its upcoming symposium on issues of judicial independence in the world and in South Carolina on October 21-22, featuring the Right Hon. Lord Justice John Laws from the Inner Temple in London. Laws' address will facilitate discussions on the rule of law and the judiciary's role in furthering democracy. The Law Review will also feature the Sub-Treasurer of the Inner Temple, Patrick Maddams. Sessions will examine the judicial decision-making process, judicial selection, judicial recusal and legislative funding of the judiciary. For registration information and a detailed schedule, click here.

YLD nominations continue!
YLD continues its call for nominations for President-Elect, Secretary-Treasurer and Odd-Numbered Judicial Circuit Representatives. These positions will become vacant June 30, 2011. The deadline for nominations is October 29. Click here for more information.

Casemaker makes the case!
Did you know you can use Casemaker with smartphones and iPads? On your mobile device, open your Internet browser and go to Lawriter. On your first visit, you must complete the quick one-time registration by making up a username and password and select S.C. as your default jurisdiction. For ease of use, you may use your Bar ID and password you use for Casemaker, but you must register it in the mobile version first. Casemaker Mobile works with iPhone, BlackBerry or Android-based smartphones. In addition, it will work on other devices with an Internet connection. You can even use it on your regular PC! For questions, contact Lawriter toll-free at 1-877-659-0801 or Courtney Kennaday at (803) 799-6653, ext. 183.

Member benefit: Discounted paper shredding until 2011!
Shred 360 announces their Year End "2010" Plan which gives Bar members a 20 percent discount off any current shredding services or the first 10 boxes are free; there are no minimum charges for this plan. Visit www.shred360.com, and enter the promotion code BAR2010. Offer valid until December 31. For additional assistance, contact John Anderson at (803) 233-1823 or john@shred360.com.

Advance Sheet update
October 6, 2010
In this cross-appeal, Appellants-Respondents (the Homeowners) argued the circuit court erred in (1) considering extrinsic evidence in interpreting the Declarations of Covenants, Conditions, Restrictions, and Easements for Wright's Point (the Declarations); (2) construing the term "Developer"; (3) finding undeveloped land was a part of Wright's Point; (4) finding B. McNeal Partnership, L.P. was a "successor developer"; (5) finding Respondents-Appellants (the Developers) were entitled to continue to control the Wright's Point Homeowner's Association (the Association); (6) finding the Developers were entitled to continue to control the Wright's Point Architectural Committee (the Committee); and (7) failing to find the Homeowners were entitled to pursue the claims of the Association derivatively and seek attorney's fees. The Court of Appeals affirmed, holding (1) the circuit court used extrinsic evidence to determine the rights of both parties pursuant to the Declarations and not to ascertain the parties' intent; (2) the Declarations supported a finding that Jimmy Porter was a Developer of Wright's Pond; (3) the Declarations included the undeveloped land labeled "Phase II" and "Future Development" as a part of Wright's Pond; (4) McNeal was specifically identified as the successor developer in the Assignment of Developer's Rights and the lots were subject to the Declarations even after conveyance to a subsequent owner; (5) because McNeal was a successor developer, the Developer was entitled to continue to control the Association until the last Lot in the subdivision was conveyed to a person other than a developer or builder; (6) the Developer had not relinquished the right to control the Committee because there were lots in Phase I not owned by permanent residents and vacant lots in Phase I with no improvements; and (7) there was no statutory or contractual authorization for Homeowners to recover attorney's fees. The Developers argued that they were entitled to attorney's fees but this issue was not preserved for review by the court.
Cullen v. McNeal,
No. 4750, is available online.

Firm announcement
The Knapp Law Firm, PC announces that John E. Chambers Jr. has joined the firm located at 21 Hugh St.,  Barnwell 29812. (803) 541-7676.

Calendar
October 8
Elder Law Committee meeting, Conference Call
Practice and Procedure Committee meeting, Richardson Plowden and Robinson, Columbia
Real Estate Practices Section Council meeting, Conference Call

October 13
Criminal Law Section Council meeting, S.C. Commission on Indigent Defense, Columbia

October 14
Board of Governors meeting, Conference Call

October 15
Children's Law Committee meeting, Dept. of Juvenile Justice, Columbia
Ethics Advisory Committee meeting, Nelson Mullins, Columbia
Probate, Estate Planning and Trust Section Council meeting, Conference Call

October 21
Family Law Section Council meeting, Conference Call

October 24
Administrative & Regulatory Law Committe meeting, Labor, Licensing and Regulation Commission, Columbia

October 29
Professional Responsibility Committee meeting, Nelson Mullins
South Carolina Lawyer Editorial Board meeting, Nelson Mullins