E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!
December 14, 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. 

Last chance to submit Pro Bono Lawyer of the Year nominations!
The Bar's Pro Bono Committee is seeking nominations for the 2011 Pro Bono Lawyer of the Year. Nominations are due by December 15. The award will be presented at the S.C. Bar Foundation Gala in March. To nominate an attorney or a law firm, complete the application and return to the S.C. Bar Pro Bono Program by December 15.

This year why not ask Santa to send you to TECHSHOW in Chicago, April 11-13? For 25 years, TECHSHOW has been the most trusted legal technology expo for lawyers, since it is organized by lawyers and most of the speakers are lawyers. Bar members automatically receive $150 discount off registration costs, and if you register before February 25,  you receive an additional $200 discount! To register, go to, click on "Conference" then "Register and Pricing" and remember to use code EP1118 to receive these incredible rates. For more information, visit or contact Courtney Kennaday at (803) 799-6653, ext. 183 or

The perfect holiday gift -- Recognize your mentor with a tribute
Whether you're a lawyer, a judge or even a professor of law, your mentor helped guide you to a position within the profession. The Bar Foundation provides the opportunity to say "thank you" with our tribute gifts program. Let everyone know how much your mentor has impacted your career by honoring them today or memorializing them tomorrow. Tribute gifts are recognized in Foundation Brief and in S.C. Bar News. In addition, the family members of those honored receive correspondence via letter from the Foundation. Visit the tribute gift page for more information. Your Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.

Opportunity to serve on your local draft board
The Selective Service System wants to hear from members of the community who might be willing to serve as members of local draft boards. To learn more about this opportunity, click here. Contact Lieutenant Colonel Bill Hesse at for further information.

Bar Convention spotlight... Law Firm Management Seminar -- Client Services: Retaining Clients & Lawyers
Saturday, January 22, 2011

8:30-11:45 a.m.

3.0 MCLE Credit Hours

This year's Law Firm Management seminar will feature a keynote address from Cynthia Thomas Calvert, co-founder and senior advisor of the Project for Attorney Retention. She will focus her discussion on the keys to retain legal talent. Following the keynote presentation, Barbara George Barton, chair of the Bar's Professional Potential Task Force, will moderate a panel discussion including Ms. Calvert, Joseph West, Associate General Counsel for Wal-Mart, and Rhonda Amick, Chief Operating Officer for Turner Padget Graham & Laney, PA. The panel will react to the keynote presentation, and they will discuss the best practices for flexible scheduling, address alternative billing practices and more. 

To learn more about the seminars offered at the Convention, please click here for the seminar schedule.

Click here to find out more information about this year's Bar Convention.

Advance Sheet update
December 13, 2010
The Court reversed Johnson's convictions on multiple counts. The Court held that the trial court abused its discretion by failing to grant a motion for mistrial motion based upon a "Bruton-type" error. The abuse amounted to an error of law.
State v. Johnson, No. 26902 is available online.
Chief Justice Toal dissented in a separate opinion.
The Court affirmed the trial court in an action brought to enforce a mechanic's lien. The denial of the Rule 59e) motion was upheld because Appellants had not amended their pleadings based upon the affirmative defense (that 40-11-390 precluded enforcement of the action) raised in the motion. Quantum meruit was allowed as the basis of recovery, which resulted in the remaining issues not being addressed on appeal.
Earthscapes Unlimited v. Ulbrich, no. 26903, is available online.

The Court affirmed Appellant's death sentence, finding that the trial judge did not abuse his discretion by allowing the admission of autopsy photographs.  The Court took the opportunity to encourage all solicitors not to push the envelope on admissibility, noting that the photographs pushed the outer limits of what the law permits a jury to consider and that other material was wisely not admitted. The Court further affirmed that the trial judge's ruling on admission of a video recording of Torres in prison, finding that the probative value far outweighs any unfair prejudice and that any unfair prejudice was de minimis
State v. Torres, No. 26904, is available online.

Firm announcements
The McCarthy Law Firm, LLC announces that Harrison Penn has become an associate of the firm located at 3924 Forest Dr., Ste. 9, Columbia 29204. (803) 771-8836.

Nance, McCants & Massey
announces that Blair Ballard Massey has become an associate of the firm located at 218 Newberry Street, SW, Aiken 29801. (803) 649-6200.

Adam T. Silvernail announces the opening of Law Office of Adam T. Silvernail, LLC, located at
1218 Taylor Street, P.O. Box 1898, Columbia 29202. (803) 779-1770.

Sherrill & Janes, PA, announces that
M. Elizabeth Snyder has become an associate of the firm with mailing address P.O. Drawer 14950, Surfside Beach 29587. (843) 238-8836.

In memoriam
Donald V. Richardson III, 74, died on November 23. His obituary can be viewed at The State website.