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E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!
November 2, 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.



Summary court pretrial detainees order
By order of October 28 the Supreme Court ordered that when a defendant charged with a summary level offense (or multiple summary level offenses) is unable to make bond and is detained prior to trial for the maximum amount of time the defendant would receive if convicted for the offense, the on-call bonding magistrate or municipal court judge should immediately convert the defendant's surety bond to a personal recognizance bond and discharge the defendant. The order does not affect the defendant's right to contest the charge. To view the order, click here. To view the memorandum issued to all magistrate and municipal judges regarding this order, click here.

Support your team and Children's Chance!
Bar members and their guests are invited to join YLD on Friday, November 26, from 7-10 p.m., at The Westin Poinsett in Greenville for a Carolina/Clemson Pep Rally Fundraiser which will benefit Children's Chance, a non-profit organization that raises money to fund a variety of programs designed to meet the financial, emotional and psychological needs of children with cancer and their families. The cost to attend is $15 in advance or $25 at the door. Click here to view the flyer, and contact Kayla Smith at (803) 799-6653, ext. 135 for more information.

ABA TECHSHOW 2011: The annual event in Chicago for legal technology!

For 25 years, ABA TECHSHOW has been the gold standard in legal technology education and expos. Lawyers, paralegals, and office technologists can experience the fun and excitement in Chicago, April 11-13. Bar members automatically receive $150 discount off registration costs, and if you register before February 25, you receive an additional $200 discount! Click on "Conference" then "Register and Pricing" to sign up using code EP1118 to receive these incredible rates. For more information, visit www.techshow.com or contact Courtney Kennaday at (803) 799-6653, ext. 183 or pmap@scbar.org.

PMAP -- Your guide to...
If you use Google search engine, you've probably noticed a new feature: Google Instant. With Google Instant search terms are suggested for you (Google Autocomplete), and search results instantly appear from the first letter you enter and continually update as you keep typing. Google designed this to anticipate what you are searching for and to save you time. Some users find the feature very useful; others have found it very distracting. If you would like to disable this feature, go to ABA Site-tation for instructions. PMAP is a law practice hotline for lawyers -- call (803) 799-6653, ext. 183 or e-mail pmap@scbar.org.

Advance Sheet update
November 1, 2010

In this legal malpractice case, the Supreme Court affirmed the trial court's grant of summary judgment for Respondents Moore & Van Allen, PLLC. The Court held Respondents did not breach the standard of care because there was no evidence to suggest Respondents failed to advise Appellants of the risk of lease termination and that in fact the lease had already been terminated before Respondents' representation began; Respondents' failure to settle the case before arbitration was not evidence of malpractice because Appellants had no interest in settling; and Appellants' expert testimony was insufficient to establish breach of the standard of care. The Court also held Respondents' tactical and strategic decision to emphasize the materiality of the breach did not support Appellants' contention that no evidence was presented as to two disputed Kiriakides factors. The Court found even if Respondents had failed to present all Kiriakides factors, this would not have proximately caused Appellants' loss because the arbitrator was fully aware of the factors and considered them in his written ruling. The Court rejected as a matter of law any suggestion that a bad result is evidence of a breach of the standard of care. The judgment call made by Respondents concerning the presentation of the Kiriakides factors was not unreasonable as a matter of law, so there was no viable claim of malpractice.
Harris Teeter, Inc. v. Moore & Van Allen, PLLC, No. 26887, is available online.
Justice Hearn concurred in part and dissented in part in a separate opinion.

Discipline
By order of October 29 the Court placed Scott Matthew Wild on interim suspension.

Firm announcement
The Bell Legal Group announces that Scott C. Evans has joined the firm located at 223 King St., Georgetown 29440. (843) 546-2408.

The Cate Law Firm, PA
announces that Rachel I. Brough has joined the firm located at 383 S. Pine St., Spartanburg 29302. (864) 585-4226.

In memoriam
Clarence Chester Brown, 83, of Spartanburg died on October 29. His obituary can be viewed at The State website.