E-Blast Archive Issue

Welcome to the South Carolina Bar\'s E-Blast!
October 12, 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.

Date set the S.C. Bar Conference Center ribbon-cutting ceremony
Bar members are invited to the official ribbon-cutting ceremony for the opening of the S.C. Bar Conference Center to be held at 4 p.m. on Thursday, October 28. Click here to view the invitation. The building is located at 1501 Park St. in downtown Columbia adjacent to the current Bar Building. For more information about the new conference center visit the Bar\'s website. To see pictures of the building process, view the album created on the Bar\'s Facebook page.

Nominees selected
Nominees for offices in the Bar were selected by the Bar\'s Nominating Committee. Members nominated were Angus H. Macaulay of Columbia for President-Elect, Alice F. Paylor of Charleston for Treasurer and J. Calhoun Watson of Columbia for Secretary. Nominated for seats on the Board of Governors were E. Brown Parkinson Jr. of Greenville for the First Judicial Region, Kathryn C. DeAngelo of Surfside Beach for the Third Judicial Region and David W. Whittington of Summerville for the Fourth Judicial Region. Nominated to serve as an ABA State Bar Delegate was Bradish J. Waring of Charleston. Section 9.3 of the Constitution of the S.C. Bar governs the nominating procedure. On January 15, 2011, the nominations close.

Pro bono reporting proposed
The S.C. Bar Pro Bono Committee and the Supreme Court Access to Justice Commission (SCATJ) are seeking input on proposed changes to Rule 6.1 of the Rules of Professional Conduct
(SCACR 407). This rule concerns the provision of pro bono service to individuals of limited means or public service/charitable organizations. The proposed changes include the creation of a reporting mechanism for pro bono hours and a requirement that those hours be reported to the Bar. Pro bono participation remains voluntary. Click here to view the proposed changes to the rule. Should Rule 6.1 be amended in the future, the Bar would provide additional information to facilitate the reporting. Please send comments on the proposed changes to Cindy Coker, Public Services Director or Stuart Andrews, Vice- Chair of the SCATJ. Comments should be received no later than Friday, November 5.

Ethics advisory opinions issued
The Ethics Advisory Committee has issued two new opinions. The text of all opinions is available online at
10-05  Whether a lawyer may disclose a potential mortgage deficiency and to whom the deficiency may be disclosed depends upon the relationship between the lawyer and the parties to the closing.  The question of whether a lawyer is obligated to disclose the potential deficiency is a standard of care issue and is outside the scope of this committee. 
10-06  A lawyer who is a partner in a law firm in S.C. is not prohibited from practicing as a lawyer in another firm in S.C. or being "of counsel" to that other firm.

LawPay Merchant Account discount
Bar members are eligible to obtain a LawPay Merchant Account through the member benefit program designed specifically for attorneys with the ability to correctly separate earned and unearned fees. The LawPay Merchant Account is a custom payment solution. AMS examined the requirements for handling client funds and developed a solution that resolves the ethical dilemma attorneys face when processing credit cards. Open a LawPay Merchant Account through October 29 and have the $5 statement fee waived for the first three months. To take advantage of this offer, call 1-866-376-0950 or visit

PMAP -- Your guide to...

Saving steps in Microsoft Word. If you\'ve ever started typing without realizing your caps lock key was on you know the frustration of having to retype what you just wrote. Maybe you would like a faster way to change some text to all caps. It\'s actually easy to do! Highlight the text you need to change, then hold down the shift key and press F3. Each time you hit F3, you\'ll see options for changing your font to lowercase, all caps or capitalizing just the first letter of each word. On some keyboards, it may be necessary to press the Fn key or the F Lock key to activate the function keys first. For questions or practice management assistance, please e-mail or call Courtney Kennaday at (803) 799-6653, ext. 183.

Advance Sheet update
October 11, 2010
In this answer to a certified question from the U.S. District Court for the District of S.C., the Supreme Court held that under an all-risk commercial property insurance policy "surface water" did not encompass rainwater collected and channeled in a stormwater collection system; the water was not owing to fortuitous natural causes but instead to the deliberate actions of another. Based on this reasoning the Court also held the water at issue did not become "surface water" again for the purpose of the policy once it was discharged from the pipe. The Court further held the water did not qualify as flood water.
M & M Corp. v. Auto-Owners Ins., No. 26883, is available online.
Justice Pleicones and Justice Hearn dissented in a separate opinion.

Trustee appointed
By order of October 7 the Court has appointed Gregory J. English as trustee for the law practice of Christopher Blakeslee Roberts.

By order of October 11 the Court disbarred Donald Keith Knight Jr. based upon his voluntary surrender of his license to practice law in Georgia pursuant to a procedural rule which made the action tantamount to disbarment.

Firm announcement
William Davis Jr. announces the opening of the Bill Davis Law Firm, LLC located at 1225 Pickens St., Columbia 29201. (803) 726-0556.

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.

Nelson Mullins Riley & Scarborough LLP announces that Derek A. Shoemake has joined the Columbia office as an associate located at 1320 Main St., Columbia 29201. (803) 799-2000.

The attorneys of Smith, Jordan, Lavery & Lee, PA announce its name change with offices remaining at 14 Halter Drive, Piedmont 29673; 810 E. Main St., Easley 29640; and 600 College Ave., Clemson 29631. (864) 269-7373.

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