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Welcome to the South Carolina Bar's E-Blast!
June 7, 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.
In case you missed it
The June issue of S.C. Bar News was distributed via e-mail May 31. The current issue, as well as a PDF version and description of tips and features, is available on the Bar's website at www.scbar.org/barnews. In this issue you will find news about recent achievements in law related education, Bar award winners and the swearing-in of your new Bar President, Marvin Quattlebaum. Be sure to check out S.C. Bar News to find out more!
Join the Lawyer Referral Service today!
The Lawyer Referral Service is a public service of the Bar offering a simple, inexpensive and practical method of introducing people with legal problems to qualified lawyers. Members who have not renewed by June 30 will be taken off rotation automatically. Current members may renew through the Case Manager System; click on "My Profile" to update areas of practice and counties for referral, then click on "Membership Dues" to begin the checkout process. Renewal fees may be paid by mailed check, VISA or Mastercard. New members (and current members who prefer to renew the traditional way) may complete the application and submit it to the LRS with a check for $50 per county designated for referrals and a copy of their professional liability insurance policy's declarations page. New applicants and those not renewing through the Case Manager System must pay by check. If you have any problems or questions, please contact Joan Brown at (803) 576-3794.
The S.C. Commission on Continuing Legal Education and Specialization has furnished this list of lawyers who were administratively suspended from the practice of law on April 1, under Rule 419(b)(2), SCACR, and remain suspended as of June 2. Pursuant to Rule 419(e)(2), SCACR, these lawyers are suspended from the practice of law by the Supreme Court and must surrender their certificates to practice law in South Carolina to the Clerk of Court by July 1.
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.
11-03 A program providing free powers of attorney in exchange for donations to charitable or religious organizations does not violate the Rules of Professional Conduct, provided Lawyer does not allow the charitable organization to influence his independent judgment.
June is busy with grantee events!
S.C. Bar Foundation grantees are holding nearly 50 community education events and activities in June. The entire list of activities may be viewed here. We the People training, pro se divorce clinics, fatherhood training opportunities and CASA Guardian trainings are all available this month! Interested parties should contact the event host directly. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.
PMAP -- Your guide to...
Reducing typing errors and saving time. Although it has been a feature of Word for many versions, AutoText is often overlooked. AutoText lets you store text and graphics for use later. Anything you regularly type or insert in Word is an AutoText candidate. For step-by-step instructions, see this article on TechRepublic. Also, in Outook 2007 and 2010, look for the QuickParts feature to do the same thing. E-mail email@example.com or call (803) 799-6653, ext. 183 for assistance with your office procedures, including choosing technology.
Court form revised
Form changes have been made to SCCA467, Family Court Coversheet, and posted on the Court's website at www.sccourts.org/forms.
Advance Sheet update
June 2, 2011
After Appellants' expert witness refused to appear via telephone, he traveled from Ohio to South Carolina for his deposition. Appellants then moved to compel the Respondent to pay the expert's total bill, and the circuit court ordered the Respondent to pay only part. Respondent failed to secure either an agreement or a court order requiring expert's deposition by telephone. In failing to do so, Respondent accepted its responsibility under Rule 26(b)(4)(C) to pay expert's reasonable travel time and travel expenses. Consequently, the circuit court erred in not considering that portion of the expert witness's bill because he refused to testify by telephone. Further, the reasonable time and expense provision of Rule 26(b)(4)(C) controls in this circumstance, and the circuit court's award of the $25 daily witness fee provided in Rule 30 was improper and an abuse of discretion.
James v. SCDOT, No. 4835, is available online.
Judge Few dissented in a separate opinion.
The court affirmed the family court's order denying Father's request to change his daughter's last name from Wilson to Wilson-McDonald because the family court properly considered the Mazzone factors and determined it would not be in the child's best interest.
Wilson v. McDonald, No. 4836, is available online.
The court affirmed the family court's order awarding custody of the parties' minor child to Father, finding ample support in the record to support that the order was in the child's best interest. Also, after considering the E.D.M. factors under the court's view of the preponderance of the evidence, the court found that the family court did not abuse its discretion in declining to award either party attorney's fees in this matter.
Reed v. Pieper, No. 4837, is available online.
Judge Short dissented in a separate opinion.
June 6, 2011
The Supreme Court held that the two-tier statutory cap in the S.C. Tort Claims Act, Section 15-78-120, did not violate Equal Protection since it passed the reasonable basis test and was therefore constitutional. The Court held that the circuit court erred in failing to find two separate occurrences, as defined by Section 15-78-30(g), in the two separate acts of negligence committed by S.C. Department of Transportation and the S.C. Department of Public Safety.
Boiter v. S.C. Dep’t of Transp., No. 26981, is available online.
The Court granted this petition in its original jurisdiction, dispensed with further briefing, and stayed the executive order. The S.C. Const. Art. IV, Section 9 states that respondent may only convene an extra session of the General Assembly after the sine die adjournment, which, in this case, had yet to occur.
McConnell v. Haley, No. 26982, is available online.
Justices Kittredge and Pleicones dissented in a separate opinion.
L. Franklin Elmore, Mason A. Goldsmith Jr., Kimila L. Wooten, Leslie D. Sullivan and Bryan P. Kelley announce the formation of Elmore Goldsmith, Attorneys at Law located at 55 Beattie Place, Ste. 1050, Greenville 29601. (864) 255-9500.
Moore & Van Allen announces that Walter Price has joined the firm located at 100 N. Tryon St., #4700, Charlotte 28202. (704) 331-1000.
The Palmetto Law Center, PC announces that Brett D. Woron has joined the firm located at 791 Greenlawn Dr., Ste. 2, P.O. Box 9525, Columbia 29290. (803) 783-4570.
Rogers Townsend & Thomas, PC announces that Rex L. Casterline and Gary A. Pickren have joined the firm located at 220 Executive Center Dr., Columbia 29210. (803) 771-7900.
Turner Padget Graham & Laney, PA announces that it has relocated its Florence office to the former Florence County Memorial Library Building located at 319 S. Irby St., 29501. (843) 662-9008.
Walker & Reibold, LLC announces that Matthew A. Nickles has joined the firm as an associate located at 3321 Forest Dr., Ste. 1, Columbia 29204. (803) 454-0955.
Mark H. Wall, Morgan S. Templeton, Neil S. Haldrup, Keith E. Coltrain, J. Mark Langdon and Graham P. Powell announce the formation of Wall Templeton & Haldrup, PA located at 145 King St., Ste. 300, Charleston 29401 and 1001 Wade Ave., Ste. 423, Raleigh, NC 27605. (843) 329-9500, (919) 865-9500. The firm announces that William Trey Watkins Jr., Peden Brown McLeod Jr., Taylor H. Stair and William W. Silverman have also joined the firm.
The Woodall Law Firm announces that Joseph Oppermann has joined the firm located at 200 E. Main St., Easley 29640. (864) 209-1066.
Hon. John J. Carroll III, 50, of Wilmington, NC died on May 25. His obituary can be found here.
Criminal Law Section Council Meeting, Conference Call
Elder Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Richardson Plowden & Robinson, Columbia
We the People Training, Bar Building
Lawyer Image Task Force Meeting, Bar Conference Center
S.C. Access to Justice Commission Meeting, Nelson Mullins
Ethics Advisory Committee Meeting, Nelson Mullins, Columbia
S.C. Supreme Court Institute, Bar Conference Center and S.C. Supreme Court
Real Estate Practices Section Council Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Bar Building
Professional Responsibility Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Latoya Jackson in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 137.