December 28, 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...Elder Law, Health Care Reform and New Developments
Thursday, January 20
3.0 MCLE Credit Hours
Join the Elder Law Committee for an in-depth look at some of the issues that affect your clients and your law practice. There has not been a hotter issue in the national arena this year than health care reform. Learn about the impact it may have on you and your clients. Present and prospective Medicare beneficiaries, nursing homes, health care providers and small businesses, among others, should pay close attention to the new provisions. Our speaker, Vicki Gottlich of the Center for Medicare Advocacy, is a nationally prominent speaker on the new legislation. After the health care reform discussion, we will address new developments in South Carolina law, including: the S.C. Adult Guardianship and Protective Proceeding Jurisdiction Act, the proposed changes to the Guardianship/Conservatorship/Protective Order portions of the Probate Code and an elder law case law update.
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.
E-Blast schedule and holiday closing
There will be no E-Blast distributed on Thursday, December 30. The Bar office will be closed on Friday, 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.
Bill to extend FDIC coverage to IOLTA accounts expected before year end
On December 22, 2010, the U.S. Senate passed legislation (H.R. 6398) that extends unlimited FDIC insurance for IOLTA accounts through December 31, 2012. The House passed this legislation on November 30, 2010. The bill awaits President Obama's signature, which is expected before the end of this year.
Opportunity to support the profession
Last Friday, President Obama approved an extension of the IRA Charitable Rollover, allowing outright charitable gifts up to $100,000 to be distributed directly from an IRA to a qualifying charity with no income tax owed. The extension of the IRA rollover is a prime opportunity for lawyers to support the profession through the South Carolina Bar Foundation.
Bar Foundation grantee statistics in a year of dismal IOLTA revenues...Your gift matters!
On paper these are just numbers, but each number represents a person -- a mother, a father or a child who received assistance from a Bar Foundation grantee. In the 2010 grant year, 9,700 low income South Carolinians received civil legal services. Just less than 350 homeless men and women were aided in their time of need. More than 5,500 South Carolina students were reached through law related education initiatives. Another 1,494 children and 618 families got help though a guardian, volunteer or mediator. More than 3,840 people benefited from a clinic or phone bank. Grantees also helped save $1.1 million in jail housing costs and made it possible for clients to generate $604,000 in wages. Lawyers, judges and other engaged citizens that participated in grantee services totaled approximately 2,600. IOLTA revenues are not enough to sustain the work of the state's legal services organizations, law related education programs and administration of justice activities. We need your help. It is not too late to make a gift for 2010. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.
Motion Fee update
Effective January 4, the motion fee list has been clarified to reflect that the $25 motion fee applies to consent orders or pleadings to reduce or increase child support that are in pending actions before the court. The clarification will not be applied retroactively.
PMAP -- Your guide to…
Readability. Readability is a simple tool that makes reading on the Web more enjoyable by removing the clutter around what you're reading. It's simple to install Readability in your browser (Internet Explorer, Firefox or Chrome). Go to the Readability website, select your font settings and margins, then drag the bookmarklet on the page up to your bookmarks toolbar. The next time you want to read an online article unimpeded by flashy ads, select the Readability bookmark and they'll instantly disappear. For practice management advice, contact Courtney Kennaday at (803) 799-6653, ext. 183 or firstname.lastname@example.org.
New features announced for Internet workers' compensation claims status program
The South Carolina Workers' Compensation Commission announced two new features to eCase, the Internet-based claim status program. The new features allow TPA users to register and link to their assigned cases; attorneys may submit their notification of representation to the Commission electronically. eCase allows attorneys and insurance adjusters handling claims to obtain the most up-to-date SCWCC case status information. The updated user guide for these new features and instructions for registering is posted at www.wcc.sc.gov.
Advance Sheet update
December 22, 2010
Appellants appealed the trial court's denial of their motions for directed verdict and judgment notwithstanding the verdict on Respondent's civil conspiracy claim. The Court of Appeals found Appellants were not acting within the scope of their employment. Therefore, Respondent did not serve at the will of Appellants, and Appellants were not immune from suit by Respondent for civil conspiracy. The court also found that although the evidence presented was circumstantial, the jury could infer from the nature of the acts committed by Appellants as well as the relationships and interests of the Appellants that they conspired to have Respondent's employment terminated. Appellants were not entitled to immunity under the South Carolina Tort Claims Act as a matter of law.
Pridgen v. Ward, No. 4770, is available online.
The court held the family court abused its discretion by imputing income to Husband of $64,000 per year. The court affirmed both the finding that Wife required financial assistance in order to meet her reasonable living expenses and making the award of child support and alimony retroactive. Husband's argument that the family court erred in concluding the parties enjoyed a "comfortable standard of living" was not preserved for review.
Sanderson v. Sanderson, No. 4771, is available online.
In this automobile accident case the jury returned a verdict in an amount significantly below the damages claimed by Plaintiff. The trial judge granted Plaintiff's motion for a new trial nisi additur but failed to state compelling reasons to do so. The court reversed and reinstated the jury verdict.
Luchok v. Vena, No. 4772, is available online.
The court affirmed the trial court's findings of the existence and breach of a contract between Appellant and Respondent. Although the formula used to calculate net profits was never attached to the contract, Appellant calculated net profit and paid Respondent for 18 months without objection; therefore, the price term was set with reasonable certainty, and the contract was valid and enforceable. The court also affirmed the trial court's order of an accounting and declaration that Appellant was obligated to continue paying Respondent. The court determined that an accounting is appropriate where there is need for discovery and Appellant is in exclusive control of the information needed to determine the amount Respondent was owed.
Consignment Sales v. Tucker Oil Co., No. 4773, is available online.
Duffy & Young LLC announces that J. Rutledge Young Jr. has joined the firm located at 96 Broad St., Charleston, 29401. (843) 720-2044.