E-Blast Archive Issue

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Welcome to the South Carolina Bar's E-Blast!
April 26, 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.

YLD names Young Lawyer of the Year
Amy Landers May of Rogers Townsend & Thomas, PC has been named Young Lawyer of the Year by the Young Lawyers Division. The award is given annually to recognize a young lawyer who most exemplifies excellence in practicing law and public service. The award will be presented on Thursday, May 5, during the Bar’s House of Delegates meeting at Larkin’s on the River in Greenville.

Bar exam results
The results of the February 2011 Bar Exam were posted on April 22. The swearing-in ceremony for applicants who have passed the Bar and have completed all other requirements for admission will be held at the Koger Center in Columbia on May 23 at 2:30 p.m.

Rule 424 amended

By order of April 22 the Supreme Court has amended Rule 424, SCACR, on foreigh legal consultants. To view the full text of the order, click here.

YLD & South Carolina Special Olympics
Join young lawyers at the 2011 Summer Games on Saturday, May 7, in Columbia! To register, go to Young lawyers will volunteer as a group for the bowling competition at Century Lanes on Saturday morning. Young lawyers, family members and friends of all ages are welcome, and volunteers are encouraged to join the group or to assist with other events that may be of interest. When registering, please list YLD as the name of your organization/company. An informal happy hour for YLD volunteers will take place after the events. More information will follow for registrants. Please contact Will Johnson at if you have any questions.

New from Casemaker: CaseCheck+
Casemaker has recently expanded its offerings to include subscription products. Like its predecessor, CaseCheck, CaseCheck+ will list any and all cases that have cited a case that you are viewing in Casemaker – both in the state and federal library. However, the new CaseCheck+ goes one step further by indicating negative future treatment of your case with the use of symbols. Located on the right-side of an opened opinion, CaseCheck+ can be accessed by choosing a state or federal library within the list of courts that have cited your case. If you click on the case, it will take you to the exact portion of the later case where the current case is cited.  Symbols and treatments used by CaseCheck+ include:  criticized, superceded, reversed, overruled in whole or in part, questioned, withdrawn, modified and granted.  If you would like to see the list of symbols and their definition, click on the right hand side of your screen on "Is your case still good law?" Scroll down the page and you will see the definitions. CASEcheck+ is available on a monthly basis for $19.95, yearly for $199.95, in a group version at 30 percent off and daily for $4.95. To see if you like it, try the 14-day free trial!

PMAP -- Your guide to...
ABA TECHSHOW programs.  If you're interested in the news from this year's show, you can find much of it on the ABA Journal online. The keynote speaker, Larry Lessig, Director of the Edmond J. Safra Center for Ethics at Harvard, addressed the place of law in a digital society. The entire keynote is online. Among the faculty this year were three S.C. lawyers, Dave Maxfield , Ben Stevens and Courtney Kennaday. Be sure to mark your calendars for September 23, when the Solo & Small Firm Section will co-sponsor a technology expo and CLE at the Marriott in Columbia. Contact Courtney Kennaday at or Cyndi Nickerson  if you have questions.

Justice never sleeps
Noted contemporary Impressionist painter Rick Reinert created a wonderful work of art entitled "Justice Never Sleeps," which depicts the S.C. Supreme Court at night with the moon in the background and a light glimmering inside. Mr. Reinert has generously offered to make 19 giclées (framed and including a brass plaque noting the print number) of "Justice Never Sleeps" available for sale with a portion of the proceeds benefiting the Foundation. Only five remain!
Click here to view the giclée. To order your giclée, contact Foundation Executive Director Shannon Willis Scruggs. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.

Advance Sheet update
April 26, 2011

In this appeal from a determination that the State Certification of Need and Health Facility Licensure Act (CON Act) did not apply to a particular project, the Court reversed the portion of the Administrative Law Court's order that relied on an equal division of shared costs. Additionally, the ALC failed to recognize that it would be contrary to the CON Act and its applicable regulations to rely on an appraisal that was not a reasonable estimate of the value of the leased property at issue. Therefore, the Court vacated the portion of the ALC's order that relied on that appraisal and remanded for further proceedings. 
MRI at Belfair v. SCDHEC, No. 26962, is available online.

In this action to quiet title, the South Carolina Department of Health and Environmental Control, the Office of Ocean and Coastal Resource Management and the State of South Carolina challenged the order of the Master-in-Equity holding that the Respondent is the fee simple owner of Little Jack Rowe Island. The Court affirmed and declined to extend the public trust doctrine to marsh islands, thereby quieting title to a marsh island in favor of the record title holder. The Court overturned the specific holding of Coburg I and Coburg II that title to marsh islands follows title to the surrounding marsh.
Estate of Patricia S. Tenney v. SCDHEC, No. 26965, is available online.
Justice Pleicones concurred in result only.

Reinstatement sought
Michael James Sarratt has petitioned for reinstatement. The Committee on Character and Fitness invites persons to file a notice of their support of or opposition to the petition no later than June 13, 2011.

By order of April 21 the Court placed George E. Lafaye III on interim suspension. T. Lownes Pope is the trustee.
By order of April 25 the Court imposed a nine-month suspension on J.M. Long III (retroactive to March 1, 2010, with additional conditions) for misconduct involving guilty pleas to two counts of exposure of private parts. The opinion is available online.
Private letter of caution issued
By order of April 25 the Court issued a private letter of caution with a finding of minor misconduct to an unnamed Bar member. The Court took the opportunity to address the growing problem in the manner in which Bar members treat one another in oral and written communications. The Court also found the civility oath to be neither unconstitutionally vague nor unconstitutionally overbroad. Justice Pleicones filed a separate opinion. The opinion is available online.

Firm announcements
The Law Office of Boykin & Davis, LLC announces that Latonya Dilligard Edwards has joined the firm located at 220 Stoneridge Dr., Ste. 100, Columbia 29210. (803) 254-0707.

Gallivan, White & Boyd, PA announces that Steven E. Buckingham has joined the firm as an associate located at 55 Beattie Place, Ste. 1200, Greenville 29601. (864) 271-9580.

April 28
Unauthorized Practice of Law Committee Meeting, Bar Building

April 29

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

May 4
Corporate, Banking and Securities Law Section Council Meeting, Conference Call

May 5
Board of Governors Meeting, Greenville
House of Delegates and Assembly Meetings, Greenville

May 6
Professional Responsibility Committee Meeting, Bar Building

May 20
Probate, Estate Planning & Trust Section Council Meeting, Conference Call

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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