Welcome to the South Carolina Bar's E-Blast!
January 21, 2011
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.
Seminar location changes
The Myrtle Beach site for "In the Best Interest of the Child: The 2011 S.C. Guardian ad Litem Training and Update" on Friday, January 28, has been moved to Horry-Georgetown Technical College, Conway Campus, Bldg. 100, Rm. 107, Hwy. 501 East, Conway. The Aiken site for this program will be at the Law Office of Johnson, Johnson & Whittle.
House of Delegates convenes at Hilton Head
The Bar's House of Delegates met January 20 during the Bar Convention. During the meeting, Bar President Carl L. Solomon reported via video on recent initiatives, citing work in the areas of judicial system funding, completion of the Bar conference center, Lawyers Helping Lawyers, the image of the profession and Law Related Education.
Reports were also received from the Bar Foundation and iCivics, a web-based civics education project.
The House approved a request from the Practice and Procedure Committee to amend Rule 208(a)(3), SCACR, to allow an appellant 30 days to serve and file a brief in reply to the brief of respondent. Requests from the Professional Responsibility Committee to amend Rule 417, SCACR, and to amend the Rules of Professional Conduct to add a rule on client files were approved. These matters will be presented to the S.C. Supreme Court.
The House rejected a request from the Pro Bono Committee to amend Rule 6.1, Voluntary Pro Bono Service, to include a mandatory reporting requirement.
A recommendation from the Professional Responsibility Committee to include a professional liability insurance disclosure on the Bar dues statement was approved.
Kathy P. Elmore and Steven T. Moon were nominated to the Commission on Continuing Legal Education and Specialization. The nominations will proceed to the Court.
Board of Governors meets
The Board met on January 20 at Hilton Head.
The Board authorized the executive committee to review image campaign proposals and arrange for presentation at the Board Retreat in February.
The Board received a request from the CLE Director regarding general support for Bar-sponsored CLE programming.
The Board received as information a report from the USC School of Law.
Board members elected
No petitions were received seeking an officer, Board member or delegate seat. Therefore, the nominees presented by the Bar's Nominating Committee have been elected. Those nominated were Angus H. Macaulay of Columbia for President-Elect; Alice F. Paylor of Charleston for Treasurer; J. Calhoun Watson of Columbia for Secretary; E. Brown Parkinson Jr. of Greenville, Kathryn C. DeAngelo of Surfside Beach and David W. Whittington of Summerville as Board members; and Bradish J. Waring of Charleston as ABA State Bar Delegate. Automatically succeeding to the office of President will be A. Marvin Quattlebaum Jr.
By order of January 18 the Supreme Court has reappointed Lesley M. Coggiola, Bradish J. Waring, Hon. J. Michael Baxley and Claire Fort to the Chief Justice's Commission on the Profession.
Lawyer and judicial disciplinary enforcement rules amended
By order of January 19 the Supreme Court has amended Rule 413 (RLDE) and Rule 502 (RJDE). These amendments are effective immediately. To view the full text of the order, click here.
Results from SCLS survey released, input requested
South Carolina Legal Services (SCLS) has issued proposed results from an earlier survey to determine the substantive areas of civil legal representation that should be offered by SCLS. Please review the results and send further input to Andrea Loney at firstname.lastname@example.org or (803) 744-4172. Click here to read the request from SCLS, and click here to review the Proposed Priorities for 2011.
Bar Foundation releases grant application for 2012 IOLTA cycle
The application for the 2012 IOLTA grant cycle (July 1, 2011 through June 30, 2012) is available on the Foundation's website. Since the inception of the IOLTA program, more than $42 million in grant funding has been provided. Applications are due no later than 3 p.m. on Friday, February 11. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.
On the website
Employers can post ads for positions available on the Bar's online Career Center at no cost. Simply e-mail your ad to email@example.com. The ad will be posted within 1-2 business days and will remain posted until your position is filled.
Advance Sheet update
The S.C. Court of Appeals reversed the family court's finding that respondent Polite's phone call to the Department of Social Services was sufficient to initiate a retroactive child support reduction action. The court also found that the family court improperly awarded a retroactive reduction in child support because the existing child support agreement continued to benefit the other minor children while the family court calculated the modification. Judge Lockemy dissented.
SCDSS v. Polite, No. 4774, is available online.
The court affirmed the family court's holding that Husband's paramour was jointly and severally liable to the Wife for the proceeds from the sale of marital property. The court deferred to the family court's determination regarding the witnesses' credibility.
Reiss v. Reiss, No. 4775, is available online.
The court reversed the family court's award of alimony to Wife, finding that circumstances warranted a lower alimony award. The court also reversed the family court's inclusion of a truck purchased solely with Husband's inheritance money but affirmed the family court's division of the marital estate. Based on the Husband's partial success on appeal, the court decreased Wife's entitlement to attorney's fees.
Myers v. Myers, No. 4776, is available online.
Appellant Matute claimed that the Workers' Compensation Commission's appellate panel erred in reinstating Palmetto Health Baptist's appeal because it was not timely presented. The court held that the Commission had the discretion to reinstate the appeal pursuant to Regulation 67-705. The court opined that Matute's injury was a compensable work-related injury because an employee coming or going from the work place is not engaged in any service of the employment and none of the exceptions to this rule were met.
Matute v. Palmetto Health Baptist, No. 4777, is available online.
In this appeal from the administrative law court, the court concluded that respondent ESA Services met the minimum employment and capital investment requirements, thus entitling ESA Services to claim job development credits under the Enterprise Zone Act.
ESA Services, LLC v. S.C. Dept. of Revenue, No. 4778, is available online.
The court affirmed the circuit court's grant of partial summary judgment to Respondents, finding Appellants' attempt to sell the developer's rights was invalid and Respondents were entitled to judgment as a matter of law on the Appellants' counterclaims for civil conspiracy and intentional infliction of emotional distress.
AJG Holdings v. Dunn, No. 4779, is available online.
The Thorntons appealed the circuit court's ruling that they could not establish the requisite elements for this case to be certified as a class action pursuant to Rule 23, SCRCP, and that the South Carolina Mining Act does not create a private cause of action. SCE&G cross-appealed the circuit court's denial of summary judgment based on a statute of limitations affirmative defense. The court dismissed the appeals because an interlocutory order not governed by a specialized appealability statute is not immediately appealable unless it fits into one of the categories listed in Section 14-3-330 of the S.C. Code (1976 & Supp. 2009).
Thornton v. SCE&G, No. 4780, is available online.
By order of January 20 the Court placed Teresa Davis Bulford on interim suspension. Alexander Cash was appointed as the trustee.
Clawson & Staubes, LLC announces that Summer D. Eudy has joined the firm's Charlotte office located at 756 Tyvola Rd., Ste. 130, Charlotte 28217. (704) 940-9128.
Gibbes Burton, LLC announces that Scott D. Spivey has become an associate of the firm located at 308 E. St. John St., Spartanburg 29302. (864) 327-5000.
Parker Poe Adams & Bernstein LLP announces that Joshua W. Dixon and Jennifer K. Dunlap have been elected partners in the firm's Charleston office located at 200 Meeting St., Ste. 301, 29401. (843) 727-2650.
This announcement, originally published on January 18, incorrectly listed the partners in the Columbia office. We regret this error.
Paul Ribeiro announces the opening of the Ribeiro Law Firm LLC with mailing address P.O. Box 611, Sullivan's Island 29482. (843) 714-0261.
Stephen J. Shaw
announces that he is now IP Counsel at
, located at 2000 Powell St., Ste. 1500, Emeryville, CA 94608.
Shannon F. Bobertz, Matthew R. Cook
J. Brandon Hylton
have become shareholders of the firm located at 1901 Main St., 17th Floor, Columbia 29201. (803) 254-2200.