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E-Blast Archive Issue

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

February 24, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.

The So
uth Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law. 

CLE compliance deadline is next Tuesday! Need 6.0 last minute credit hours? Look no further...

Sign up for both of the following half-day seminar sessions on February 28
and receive a 10 percent discount!

Morning session: How to Take Control of Your Time, Your Technology and Your Clients
The landscape for law practice is changing at a blinding rate. Client expectations are changing the marketplace for services, while technology is making practicing law a 24-hour profession. How can you keep from feeling overwhelmed and out of control and build a more successful, low-risk practice that leaves time for you to have a life? Master Practice Advisor Dustin Cole uses his more than 20 years of hands-on experience to show you how to succeed in the face of competition and the new, post-crash consumer attitudes.

Afternoon session: Live Video Replay: I Was From Mars and My Lawyers Were From Venus
What makes a good lawyer great? In this dynamic program, Jim Blackburn takes you step by step through the practical, legal and emotional phases of any legal representation of a client in trouble -- civil or criminal. This is far more than a typical "talking head" CLE lecture. It's a personal story about how the Rules of Professional Conduct work in real life and how lawyers and clients should work together in complying with the most basic Rules of Professional Conduct.

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 David Caudill, candidate for Dean of the USC School of Law.
The Bar was advised today that the reception will be held Monday, February 28, 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 ljohnson@scbar.org if you plan to attend.

Docket Management Task Force established

The Supreme Court has established a Docket Management Task Force to gather data concerning current docket management in the state trial courts and to make recommendations to the Chief Justice on how to improve the docket management system. Supreme Court Justice Kaye G. Hearn has been named chair of the Task Force and will oversee three committees comprised of judges, clerks of court and lawyers to review and improve the case processing in civil, criminal and family courts. Any suggestions to improve the current docket management system may be submitted to the appropriate Committee Chair: Justice Costa M. Pleicones, Circuit Court (General Sessions); Judge Daniel F. Pieper, Circuit Court (Common Pleas); Judge Aphrodite K. Konduros, Family Court.



Ethics Advisory Opinion summary

The Ethics Advisory Committee has issued a new opinion. The text of all opinions is available online at

www.scbar.org/ethics.
11-01 

Husband, a licensed attorney, and his wife have filed a lawsuit. Husband is

pro se

. Husband should be mindful of Rule 4.2, governing communications with persons represented by counsel. If the insurance company is represented by counsel, the appropriate course of action would be for the husband to contact the counsel, not the insurance company, unless permission is given to contact the insurance company directly. Wife, as a

pro se

litigant, is not subject to the Rules of Professional Conduct, and the Committee may not offer an opinion as to the activities of a non-lawyer.



ELL Section requests nominations for distinguished service award

The Employment & Labor Law Section will honor an individual for meritorious service to employment and labor law practice in South Carolina. The 2011 recipient will be recognized at the section mid-year seminar on May 13 in Columbia. Please

click here

to review eligibility criteria and nomination materials. The deadline to submit a nomination is March 7.



Bar Foundation Gala approaching

The fifth annual

S.C. Bar Foundation Gala

to be held on Thursday, March 3, at the Columbia Metropolitan Convention Center is just one week away. Come join the 230 attendees who have already reserved their seats! Thank you to all of the

Gala's generous sponsors

and the

Nifty Fifty of the S.C. Bar

. Contact the Foundation via

e-mail

or call (803) 765-0517. 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.

Legislative report

Don't forget to check out tomorrow's

Weekly Legislative Report!

Updates will be posted every Friday throughout the legislative session.



Advance Sheet update
February 23, 2011

The S.C. Court of Appeals affirmed the trial court's grant of partial summary judgment for the Respondents in this insurance coverage dispute. The court found that in construing the policy, the definitions of "claim," "series" and "related" must be read in light of their endorsements, and even though there was only one perpetrator, there were seven victims. Thus, there were seven distinct claims, and Trust would be responsible for seven self-insured retentions. The trial court's interpretation of the limits clause was reasonable in holding that Respondent could access the annual aggregate limits in the sexual abuse and sexual harassment endorsements. Also, a recovery under the sexual abuse endorsement does not preclude recovery under the sexual harassment endorsement. Even if the court found that the policy contained an ambiguity, it was a patent ambiguity as it arose from the language of the policy itself, and therefore the trial court did not err in refusing to consider the extrinsic evidence from the Appellants. 


Beaufort County School District v. United National Insurance

, No. 4794, is available

online

.

 

The court was asked to determine what the Legislature meant by the term "on the first page of the contract" in Section 15-48-10(a) of the S.C. Uniform Arbitration Act (2005). The court held that the term means the page preceding all other pages in the contract. 


Richland Horizontal v. Sky Green Holdings

, No. 4795, is available

online

.

 

The court affirmed the trial court's denial of Appellant's motion for a new trial based on after-discovered evidence in the form of a recantation by a witness for the State. The court deferred to the trial court's determination of the witness's credibility, and the record supported that the witness's testimony during trial was more credible than the affidavit provided after trial.


State v. Harris

, No. 4796, is available

online

.

 

In this domestic action, the court affirmed the family court's awards for the Wife (Respondent). The family court did not abuse its discretion in equitably apportioning the parties' marital property, in determining the Husband's income and in valuing several pieces of the parties' marital property. Appellate review of an alimony award is limited to determining whether there was an abuse of discretion and not to reweigh statutory factors. The court found that the family court properly used the

Glasscock

factors when awarding the Wife attorney's fees. 


Reiss v. Reiss

, No. 4797, is available

online

.



Firm announcements
Rogers Townsend Thomas

announces that

Vance L. Brabham III

has become an associate of the firm located at 220 Executive Center Dr., Columbia 29210. (803) 771-7900.



Rosen, Rosen & Hagood, LLC

announces that

James A. (Chip) Bruorton IV

has become a member of the firm located at 134 Meeting St., Ste. 200, Charleston 29401. (843) 577-6726.



Calendar
February 25

Dispute Resolution 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



March 4
South Carolina Lawyer

Editorial Board meeting, Bar Building