E-Blast Archive Issue

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Welcome to the South Carolina Bar's E-Blast!
April 5, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.

JQC report released
The South Carolina Bar's Judicial Qualifications Committee has issued a report based on the collective opinion of Bar members regarding candidates for judicial vacancies. To view the report, click here.

In case you missed it
The April issue of S.C. Bar News was distributed via e-mail March 29. The current issue, as well as a PDF version and description of tips and features, is available on the Bar's website at This issue contains exciting news about changes to the Bar’s website that will make it more useful to members. The changes will allow members to self-manage contact information, pay dues and review past invoices, whether outstanding or paid. The Bar will also implement more efficient online CLE registration and publication purchases. Be sure to check out S.C. Bar News to find out more!

June 1: Last chance to update Lawyers Desk Book contact information
Production of the 2011-2012 Lawyers Desk Book is underway. All address changes received by June 1, 2011, will be reflected in the new edition. The S.C. Supreme Court considers the Bar to be the primary source of attorney information, and address changes made with the Court or the Commission on CLE may not be reflected in the Bar database. Rule 410(e), SCACR states that all Bar members are required to promptly notify the Bar of address changes. The Court also requires that all Bar members, except retired members, have a current e-mail address on file with the Bar. Members can send updates to their physical or e-mail address to or Address Changes, South Carolina Bar, P.O. Box 608, Columbia, SC 29202.

NEW FOR 2011: Members can use the new member portal to make address changes. Visit the Bar's home page and click "Login" in the top right area or click here. Then click "Forgot Your Password." You will then need to enter you S.C. Bar number and your request will be sent to your e-mail address on file with the Bar.

Missing clients?
To expand your client base and grow your business, join the Bar's Lawyer Referral Service! You may be eligible if you (1) have been practicing for at least two years in the areas of law you select; (2) carry professional liability insurance; and (3) have not been suspended or disbarred for disciplinary reasons. To apply for membership, print and complete the application and mail it to the S.C. Bar Lawyer Referral Service at P.O. Box 608, Columbia, SC 29202 with a copy of your professional liability insurance policy's declarations page and a check for $50 per county for which you wish to receive referrals. There are numerous Practice Area Preferences from which to select the types of cases you wish to receive. Please do not select more than 25. Contact Joan Brown at with questions.

PMAP -- Your guide to...
Staying out of trouble. What is one way to make sure you are on top of any rule changes or new case law? Subscribe to the S.C. Judicial Department e-mail updates. Select the notifications you wish to receive, including Court news and Advance Sheets. PMAP is free practice management assistance for Bar members. Contact Courtney Kennaday at (803) 799-6653, ext. 183 or

Hop on over to one of many foundation grantee events
Grantees of the S.C. Bar Foundation are holding more than 70 community education events and activities throughout the state during the month of April. The full list can be viewed by clicking here. Contact information is provided so that interested people may follow up with the event host. All of these activities are made possible by your Bar Foundation. The Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Support is received from IOLTA and individual lawyer contributions. Please join us.

Advance Sheet update
April 5, 2011

The S.C. Supreme Court held that the defendant's ownership interest in the dwelling did not preclude a conviction of burglary as a matter of law. Instead, the jury is to consider whether, under the totality of the circumstances, a burglary defendant had custody and control of, and the right and expectation to be safe and secure in, the dwelling burglarized.
State v. Singley, No. 26954, is available online.

The Court concluded that, under South Carolina's comparative negligence system, all forms of conduct amounting to negligence in any form may be compared to and offset by any conduct that falls short of conduct intended to cause injury or damage. A trial court should instruct the jury on the definitions of the various forms of negligence whenever requested by a party. Because the jury instructions in this case had the potential to confuse the jury, the Court reversed and remanded for a new trial.
Berberich v. Jack, No. 26955, is available online.

The Court affirmed the holding of the S.C. Court of Appeals in this constructive trust case. There was no evidence of a proper trust in land as there were no documents signed by Respondent referring to a trust other than the deed. Both courts declined to address the credit/offset claim since it was not preserved for review.
Foster v. Foster, No. 26956, is available online.

The Court affirmed, with one modification, the decision of the Court of Appeals to allow statements the Defendant made to the police officer during the traffic stop. The Court of Appeals erred in stating that the police officer had probable cause for the traffic stop. Nevertheless, the Court found the vehicle stop was justified based on the presence of reasonable suspicion.
State v. Corley, No. 26957, is available online.

The Court affirmed the decision of the Court of Appeals, which held Respondent was an employee, not an independent contractor, and is therefore entitled to lifetime workers' compensation benefits for a total and permanent disability. The Court applied the common law standard reinstated in Wilkinson
Paschal v. Price, No. 26958, is available online

The Court reversed the decision of the Court of Appeals, which had reversed the trial court's directed verdict finding that the Respondent was negligent, as a matter of law, when he blindly pulled into the intersection. 
Miller v. FerrellGas, No. 26959, is available online.

Firm announcements

Arie D. Bax and S. Naki Richardson-Bax announce that The Bax Law Firm, PA has relocated its offices to 69 Robert Smalls Pkwy., Ste. 3C, Beaufort 29902. (843) 522-0980.

Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, LLC announces the opening of its South Carolina office located at 895 Island Park Dr., Ste. 203, Charleston 29492-7992. Edward E. Gilbert is the managing attorney.

Haynsworth Sinkler Boyd, PA announces that Francis P. (Frank) Mood is rejoining the firm's Columbia office as Special Counsel located at 1201 Main St., 22nd Floor, 29201. (803) 540-7815.

Susan Trout Kinard announces the change of address of the Kinard Law Firm to P.O. Box 1070, Isle of Palms 29451. (843) 654-9054.

Wm. Mark Koontz announces the opening of Koontz Law located at 1012 E. Montague Ave., Ste 101, N. Charleston 29405. (843) 225-4252.

Ogletree Deakins announces that Trip Lehn and James Silvers have become associates in the Greenville office located at 300 N. Main St., 29601. (864) 271-1300.

Peter Siachos announces the formation of Chronakis Siachos, LLC with offices located at 50 Harrison St., Ste. 304, Hoboken, NJ 07030 and Five Penn Plaza, 19th Floor, New York, NY 10001. (201) 792-7777. 

April 8
Elder Law Committee Meeting, Conference Call
Practice and Procedure Committee Meeting, Bar Building

April 14
Board of Governors Meeting, Bar Building

April 15
Ethics Advisory Committee Meeting, Nelson Mullins, Columbia
Mock Trial Subcommittee Meeting, Bar Building
Project Citizen Showcase, Bar Building

April 25
Administrative and Regulatory Law Committee Meeting, Bar Building

April 29
Law Related Education Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building

May 2
Professional Responsibility Committee Meeting, Bar Building

To be added or deleted from the E-Blast mailing list, please contact Latoya Jackson in Membership Services at or (803) 799-6653, ext. 137.

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