E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!

February 22, 2011
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. 

Invitation to meet candidate for Dean of the USC School of Law
Members of the Bar are cordially invited to attend a reception for the purpose of meeting and greeting Scott Schools, candidate for Dean of the USC School of Law. The reception will be held Thursday, February 24, from 5:30 until 7 p.m. at the South Carolina Bar Conference Center located at 1501 Park St. in downtown Columbia. For headcount purposes, please notify
if you plan to attend.

Compliance reporting deadline quickly approaching 

All active attorneys licensed before March 1, 2010, must file their 2010-2011 compliance reports with the Supreme Court Commission on CLE & Specialization on or before Tuesday, March 1.  Currently, less than 50 percent of Bar members have filed their reports. Reports may be mailed to the Commission at P.O. Box 2138, Columbia, SC 29202.  Bar members also may bring (or overnight) reports to the Commission's office located at 950 Taylor St., Ste. 120, Columbia, SC 29201. Reports that are postmarked after March 1, 2011, must include the late fee. Questions should be directed to the Commission at (803) 799-5578 or

Volunteer with YLD for the Special Olympics
The Mid-Winter Games will be in Charleston on Saturday, March 5. YLD will be assisting with a basketball skills competition in the morning and a bowling competition in the afternoon. Click here to volunteer and list your group/organization as S.C. Bar YLD. For more information, please contact Cooper Wilson at (843) 577-1205.

PMAP -- Your guide to...
Skype. Many people are familiar with using Skype, the free Internet communications system, for video chatting with distant relatives. But Skype can also be a benefit to lawyers by providing custom solutions for businesses. Skype can eliminate some of the headaches of buying, maintaining and supporting an in-house phone system. If you would like to learn more about Skype and whether it's right for your firm, read Skype 201: For Your Law Firm by Lincoln Mead. PMAP is free management assistance for Bar members. Contact Courtney Kennaday at or (803) 799-6653, ext. 183.

Going once, going twice, SOLD -- to you!
Are you looking for the perfect place to dine?
Interested in a weekend getaway at The Woodlands Inn?
In need of some personal pampering?
If you answered "yes" to any of these questions, don't miss the S.C. Bar Foundation's Gala on Thursday, March 3, at the Columbia Metropolitan Convention Center. Tickets are $100 per person and include a reception, seated dinner and dancing as well as the chance to bid on fabulous silent auction items. Items up for bid include theatre tickets, beautiful prints and paintings from local South Carolina artists, jewelry and several weekend getaways. You can even bid on a live band for your next event! See a complete list here. Be sure to send in your RSVP -- time is beginning to run out and space is limited. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Gala 2011 is just one effort to augment the Foundation’s mission. Please join us.
Advance Sheet update
February 22, 2011

In this inverse condemnation action, the Court reversed and remanded the decision of the master, finding a genuine issue of material fact remained whether SCDOT's actions constituted a taking. The Court found the master erred in granting summary judgment in favor of respondent by concluding Hardin should only be applied prospectively. 

Carolina Chloride v. SCDOT,

No. 26930, is available



Justice Kittredge concurred separately.

The Court found that the circuit court erred as a matter of law in granting Respondents' motion to suppress because the evidence at issue was properly seized under the plain view and exigent circumstances exceptions to the warrant requirement. Inadvertent discovery is not required for purposes of the plain view exception to the Fourth Amendment warrant requirement. Therefore, the suppression of the evidence by the circuit court was reversed.

State v. Wright

, No. 26931, is available



Acting Justice Howard P. King concurred in part and dissented in part in a separate opinion in which Justice Pleicones concurred.

Oblachinski sued Dr. Dwight Reynolds and his medical practice for negligent misdiagnosis of sexual abuse following his arrest for abuse of a minor child, arguing that a duty existed to reasonably foreseeable third parties. The Court found that no duty existed between a physician and a third party in this situation and affirmed the circuit court's grant of summary judgment.    

Oblachinski v. Reynolds

, No. 26932, is available



Acting Chief Justice Pleicones concurred in part and dissented in part.


By order of February 17 the Court reinstated Isabel W. Smith.



By order of February 17 the Court accepted the resignation from the Bar of John Joseph Mulrooney of Burke, VA.


By order of February 22 the Court imposed a two year suspension and additional conditions on Marva Ann Hardee-Thomas for misconduct which involved failure to pay medical providers and failure to maintain proper financial records.


By order of February 22 the Court disbarred David Harrison Smith II based upon his disbarment by the Supreme Court of Georgia.


By order of February 22 the Court disbarred (retroactive to July 31, 2009) Elizabeth Mason Smith based upon her criminal convictions of embezzlement of public funds and misconduct in office.


By order of February 22 the Court publicly reprimanded David F. Stoddard for misconduct which included failure to supervise his paralegal who issued 29 trust account checks to herself totaling $117,000.


Firm announcements
The Mike Kelly Law Group, LLC

announces that

Walton J. "Tad" McLeod IV

has become an associate of the firm located at 500 Taylor St., Columbia 29201. (803) 726-0123.

Sherrill Roof Millender LLP

announces the retirement of

Henry F. Sherrill

from the practice of law.

C. Joseph Roof

has withdrawn from the firm and will continue his practice as

C. Joseph Roof, Attorney

with mailing address P.O. Box 405, Columbia 29202. (803) 730-7277.

Franchelle C. Millender

will continue the firm as

Millender Elder Law LLC


Andrew J. Atkins

as an associate with offices relocated to 1441 Main St., Ste. 725, Columbia 29201. (803) 733-3433.

Speedy, Tanner and Atkinson, LLC

announces that

Dexter Lee (Trey) Cook III

has joined the firm and opened an office located at 103B S. Catawba St., Lancaster 29720. (803) 283-7000.

The University of South Carolina

announces that former state Attorney General

Henry McMaster

has joined as a senior advisor to assist in development, fund-raising and alumni relations.

February 24

Family Law Section Council Meeting, Bar Building

February 25

ADR Section Council Meeting, Bar Building

Professional Responsibility Committee Meeting, Bar Building

February 25-26

Board of Governors Meeting, Greenville

February 26

High School Mock Trial Regional Competitions, Charleston, Columbia, Conway and Greenville