E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!
October 26, 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.

Online registration for the 2011 Bar Convention is now open. Early bird registration is open now through December 15. Join your colleagues from the Bench and Bar January 20-23 at the Hilton Head Marriott Resort and Spa--fulfill yearly CLE requirements, enjoy the charm of Hilton Head and sign-up for great social and networking events! REGISTER NOW. Popular events and seminars will fill up quickly. See you at Hilton Head!
Join fellow Bar members on Thursday at new Conference Center
Bar members are invited to the ribbon-cutting ceremony for the opening of the South Carolina Bar Conference Center to be held at 4 p.m. on Thursday, October 28.
Hon. Jean Toal and Hon. Michelle Childs will present remarks, and President Carl Solomon will preside.

Please RSVP at the link above if you plan on attending.

July Bar exam results

The results of the July 2010 Bar Examination will be posted


at 4 p.m. on Friday, October 29.

Updated trust guide available on Bar website

Based on the Supreme Court's recent amendments to Rule 1.15, the

Guide to Trust and Accounting and Financial Recordkeeping in South Carolina has been updated.

PMAP -- Your guide to...

Accepting credit cards. With more clients expecting lawyers to accept credit and debit cards, what can you do to keep business from walking out the door? Lawyers need a merchant account that understands how to correctly handle earned and unearned fees and comply with ethical requirements for managing client funds. Bar members can save up to 25 percent off standard credit card processing fees through


, a law firm merchant account service recommended by numerous bar associations. For general questions about accepting credit cards, including relevant ethical issues, see

PMAP New Practice-Financial Systems

. For questions, contact practice management advisor Courtney Kennaday at

or (803) 799-6653, ext. 183.

There is still time to nominate...

The application deadline for nominating your colleague for the 2010 DuRant Distinguished Public Service Award draws near! Past recipients include Morris Rosen, Ellen Hines Smith, Hon. Bruce Littlejohn, Walton J. McLeod Jr. and IS Leevy Johnson. The list of all recipients and full selection criteria is available


. The nomination form is available on the

Foundation website

, via


or can be obtained by calling (803) 765-0517. Nominations are due by November 1. If you have further questions about the DuRant Award, please contact

Dee Sanders.

Justice Hearn honored

The S.C. Women Lawyers Association honored Justice Kaye Hearn with the

Bissell Award

on October 22. 

Bar members offer public service

The Bar extends appreciation to the following members for offering to serve in public office. Complete information about elections in your area can be found at


U.S. House of Representatives, District 2: Congressman Joe Wilson; U.S. House of Representatives, District 4: Trey Gowdy; and U.S. House of Representatives, District 5: Congressman John M. Spratt. Governor: Vincent Sheheen; Lt. Governor: Ashley Cooper; Attorney General: Matthew Richardson and Alan Wilson; Superintendent of Education: Frank S. Holleman III; S.C. House of Representatives, District 11: Rep. Paul Agnew; District 24: Rep. Bruce Bannister; District 25: Rep. Karl Allen; District 32: Rep. Derham Cole Jr.; District 38: Doug Brannon; District 40: Rep. Walton J. McLeod; District 43: Rep. Greg Delleney; District 47: Tommy Pope; District 51: Rep. David Weeks; District 52: Rep. Laurie Slade Funderburk; District 54: Elizabeth Munnerlyn; District 65: Rep. Jay Lucas; District 67: Rep. Murrell Smith; District 68: Rep. Thad Viers; District 72: Rep. James E. Smith; District 73: Rep. Chris Hart; District 74: Rep. Todd Rutherford; District 75: Rep. Jim Harrison; District 78: Paige Blair George; District 81: Rep. Tom Young; District 87: Todd Atwater; District 90: Rep. Bakari Sellers; District 94: Rep. Jenny Horne; District 98: Chris Murphy; District 101: Ronnie Sabb; District 105: Rep. George Hearn; District 107: Rep. Alan Clemmons; District 113: Rep. Seth Whipper; District 115: Rep. Anne Peterson Hutto and Peter McCoy; and District 119: Rep. Leon Stavrinakis.

Advance Sheet update
October 25, 2010

The Supreme Court withdrew its previous opinion affirming the circuit court and substituted the current opinion reversing the circuit court's order. The Court held the Commission had the authority to include language in workers' compensation orders prorating a lump sum award over a claimant's life expectancy in the absence of consent from all parties. The amici were precluded from raising justiciability and standing issues because amici can only argue issues that were raised by the parties.

James v. Anne's Inc

., No. 26762, is available



The Court held the post-conviction relief court erred in denying Petitioner's post-conviction relief application on his right to a belated appeal because there was no evidence that Petitioner knowingly waived his right to a direct appeal or that Petitioner's attorney made certain Petitioner was fully aware of his right to appeal.

Simuel v. State,

No. 26885, is available



Petitioners allege the foreclosure of property should be set aside for lack of service of  process. The Court affirmed summary judgment for Respondent pursuant to

Sara Mae Robinson v. The Converse Co., LLC


Sara Mae Robinson v. Hutton

, which held that while a judgment to quiet title may be set aside for extrinsic fraud notwithstanding the three-year statute of limitations, laches may bar such a claim.

Robinson v. Duggan

, No. 26886, is available




By order of October 25 the Court reinstated Karen McDearman as an Active Member of the Bar.

Firm announcement
Allison F. Van Nostrand

announces the opening of

Farina Law Firm, PC

located at 217 Fairchild St., Charleston 29492. (843) 471-1800.

October 29
South Carolina Lawyer

Editorial Board Meeting, Bar Building

November 2

YLD Committee Chairs Meeting, Conference Call

November 3

Consumer Law Section Council Meeting, Conference Call

November 4

Senior Lawyers Division Nominating Committee Meeting, Bar Building

November 5

Military Law Section Council Meeting, Bar Building

Trial and Appellate Advocacy Section Council Meeting, Conference Call

November 8

Government Law Section Council meeting, Conference Call

November 9

Employment Law Section Council Meeting, Conference Call

Health Care Law Section Council Meeting, Conference Call

Insurance Programs Committee Meeting, South Carolina Bar Conference Center

November 12

Elder Law Committee Meeting, Conference Call

Practice and Procedure Committee Meeting, Richardson Plowden and Robinson, Columbia

November 13

Middle School Mock Trial Regional Competitions, Columbia, Conway and Greenville

November 18

Board of Governors Meeting, South Carolina Bar Conference Center

Family Law Section Council Meeting, Conference Call

November 19

ADR Section Council Meeting, Mike Kelly Law Group, Columbia

Bar Foundation Board Meeting, South Carolina Bar Conference Center

Ethics Advisory Committee Meeting, Nelson Mullins, Columbia

Probate, Estate Planning and Trust Section Council Meeting, Conference Call

December 1

Corporate, Banking & Securities Law Section Council Meeting, Conference Call

December 2

Family Law Section Council Meeting, Conference Call

December 3

Elder Law Committee Meeting, Conference Call

Professional Responsibility Committee Meeting, Bar Building

December 4

Middle School Mock Trial State Competition, Lexington

December 9

Children's Law Committee Meeting, Bar Building

December 10

ADR Section Council Meeting, Bar Building

December 17

Probate, Estate Planning and Trust Section Council Meeting, Conference Call