December 21, 2010
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.
Bar Convention spotlight...Ninth Annual Civil Law Update
Friday, January 21, 2011
3.0 MCLE Credit Hours and 3.0 MJCLE Credit Hours for Circuit Court Judges
The Trial and Appellate Advocacy section has prepared a seminar that touches on a wide-range of issues for the civil litigator. The session begins with important issues concerning appeals and error preservation and then discusses the allocation statute, how IP law may impact your practice, and recent court decisions involving expert witnesses and the economic loss doctrine. The session concludes with a keynote address by nationally known Minneapolis trial attorney David Gross, who will provide an insightful look at how the Great Recession has impacted the practice of law and our legal system. Far from a morbid recap of the recent economic downturn, this positive discussion will help both judges and lawyers move forward under the new rules that prevail in today's economy.
Convention social events you do not want to miss!
Movie tour of Beaufort
Robert Irvine's cooking demonstration, wine tasting and wine pairing dinner
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.
Red Flags bill signed into law
The "Red Flag Program Clarification Act of 2010" was signed by the President on December 18. The Act narrows the definition of a creditor for purposes of implementing the so-called "Red Flags Rule," i.e., federal guidelines for use by financial institutions and creditors in establishing policies and procedures to mitigate identity theft risks. The Act should effectively exempt all lawyers, regardless of firm size, from the Red Flags Rule.
Richard W. Riley to be honored with DuRant Award
The Bar Foundation Board of Directors is pleased to announce that Gov. Richard W. Riley has been named as the 2010 DuRant Distinguished Public Service Award recipient. Riley is with Nelson Mullins Riley & Scarborough, LLP, and its affiliate, EducationCounsel, LLC. His selection was based upon his meritorious service to both the legal profession and his community. The Foundation will bestow this honor on Friday, January 21, at the Bar Convention's plenary luncheon. To attend the celebration of this most deserving member of the legal profession, be sure to register for the Bar Convention and purchase a luncheon ticket. If you would like to make a tribute gift commemorating the occasion, you may send your gift via mail or make one online. Simply note that the gift is in honor of Gov. Riley. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.
PMAP -- Your guide to...
GPSolo magazine online. The December issue of the General Practice, Solo & Small Firm Division's magazine focuses on "The Greening of Your Law Practice." Highlights of this "Technology & Practice Guide" issue include "Document Management: Go Green, Save Green," "Why Pay More? Buying Refurbished Office Equipment," "Is Cloud Computing Green Computing," the annual "Techno-Gift Guide," "Data Security in a Mobile World" and more. Also browse past issues of GPSolo back to 1995, or search the magazine's archives. For your technology and practice questions, contact Courtney Kennaday at email@example.com or (803) 799-6653, ext. 183.
Bar offices closed
The Bar will be closed on December 23 and 24 as well as December 31. Please be reminded license fees are due by January 1, 2011. Members can pay online. If you have questions about your statement or the payment process, please contact Donna Oelhafen at (803) 799-6653, ext. 171.
The Court has posted form changes to SCCA235E Juror Summons for Circuit Court. To view the updated form, visit www.sccourts.org/forms.
Advance Sheet update
December 17, 2010
Appellant's son committed two murders, and Appellant was convicted for accessory before the fact and criminal conspiracy in connection with both murders. On appeal, Appellant contended the trial court erred in admitting out of court statements made by her son. Appellant argued that some statements were inadmissible hearsay, others should have been excluded under Rule 403, SCRE, and each of the statements violated her right of confrontation. The Court of Appeals held that the hearsay and Rule 403 objections were not preserved for review. The hearsay objection was general and did not differentiate admissible statements from inadmissible statements. The Rule 403 objection was insufficient and did not bring to the trial judge's attention the party's position on probative value and unfair prejudice. The court held Appellant was not denied her right of confrontation under the Sixth Amendment of the U.S. Constitution because all of the statements were made to friends not associated with law enforcement and none of the statements was testimonial. Appellant also contended the judge failed to give adequate instructions limiting the jury's use of the statements. The court found the trial court's limiting instruction was a correct statement of the law.
State v. Bixby, No. 4768, is available online.
December 20, 2010
The court affirmed Appellant's convictions for murder, unlawful possession of a handgun and unlawful possession of a handgun by a minor. The court held the family court did not err in failing to suppress an inculpatory statement Appellant gave to police. The statement was voluntarily made, and the Edwards rule did not apply because the police's actions in the case did not constitute "badgering" or "coercive pressure." The State disproved self-defense beyond a reasonable doubt by disproving the first and fourth elements. The trial court did not err in denying his motion for a new trial.
In the Interest of Tracy B., No. 4769, is available online.
Appellant filed a declaratory judgment action seeking a determination whether his tort recovery can be offset against his compensation award if the result of that offset would reduce his recovery under the uninsured motorist provision below $15,000. The trial court granted summary judgment for Respondent. The Supreme Court affirmed, holding a workers' compensation offset clause can be applied so as to reduce an employee's recovery under an employer's automobile liability policy's uninsured motorist coverage below the statutory mandatory minimum.
Sweetser v. S.C. Dep't of Ins. Reserve Fund, No. 26905, is available online.
The Court has accepted the resignations from the Bar of Calvin Baker Jr. of Wheeling, WV; Cara Harding of Barnstable, MA; Linda Lemel Hoseman of Chicago; Lamar Frederick Proctor of Efland, NC; and Katherine E. Mims Schroeder of Winston-Salem.
Law Offices of David Aylor announces that Rep. Peter M. McCoy has joined the firm located at 24 Broad St., Charleston 29401 and 3844 Leeds Ave., N. Charleston 29405. (843) 554-9221.
Young Clement Rivers, LLP announces that Kevin W. Mims and James E. Scott IV have become Partners of the firm located at 28 Broad St., Charleston 29401. (843) 577-400.