E-Blast Archive Issue

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Welcome to the South Carolina Bar's E-Blast!
June 28, 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.

Work of Lawyer Image Task Force underway
The Bar's newly-formed Lawyer Image Task Force, chaired by Angus Macaulay, has conducted its first meeting, and work is underway. Task Force members Bill Coates, Ronnie Crosby, Wilbur Johnson, Mike Kelly, Regina Lewis, Tom Traxler and Elizabeth York will consider ways to emphasize the meaningful services lawyers provide in contrast to negative influences which question the integrity of the legal profession. The manner in which South Carolinians view attorneys is an issue important to the Bar, and this Task Force will work to positively influence that perception. If you would like to support the task force's efforts by authoring an op-ed for distribution to your local newspaper or serving on the Bar's speakers bureau, please e-mail

CLE Division offers Labor and Employment distance learning special
Looking for a convenient way to obtain your CLE credit hours? How about saving a little cash?
Check out Distance Learning seminars. You can pause, rewind and review archived webcasts and Seminars Direct Online programs for up to 30 days. Best of all, for the next 30 days the Bar is offering a 10 percent discount on all Labor & Employment on-demand, online seminars. Simply enter employment2001 at checkout to receive your discount. Click here for a list of titles.

Amendments to S.C. Bar Constitution
Pursuant to Rule 410(c), S.C. Appellate Court Rules, the Supreme Court approved the Bar's proposed amendments to its Constitution. The amendments reduce the number of At Large Members of the Board of Governors from three members to two members and reduce the terms of each At Large Member from three years to two years.
 These amendments are effective immediately. A copy of the amended portions are available on the Court's website.

Habitat for Humanity Wills Clinic in Columbia
The Young Lawyers Division has had an overwhelming response by Habitat homeowners to the first ever Habitat wills clinic, and  volunteers are needed! YLD created a Habitat for Humanity Wills Clinics Committee to provide free wills for Habitat for Humanity homeowners. The first clinic is scheduled for Saturday, July 30, at the Bar Conference Center located at 1501 Park St. in Columbia. During wills clinics, attorneys set up workstations to provide this service. Guidelines, forms and a training session are provided prior to clinics, and no previous wills experience is necessary. To volunteer, contact Jennifer Ashburn at or (803) 744-3401. 

PMAP -- Your guide to...
Androids. Android device activations now exceed 500,000 per day, worldwide. Android is the mobile operating system developed and owned by Google. It is available on a broad range of mobile phones and tablets. If you are one of the many new Android users, check out this podcast on using Android phones in the law office by the Bar's practice management advisor, Courtney Kennaday, on LegalTalkNetwork. If you need free practice management advice, you can reach Courtney at or (803) 799-6653, ext. 183. 

Clarification for clerks of court regarding child support payments
Clerks of court may not be required to prepare or attend to the service of any documents relating to the collection of incidental items which relate to child support or alimony or the enforcement of support obligations. Such matters include, but are not limited to, attorney's fees, mortgage payments, insurance premiums and medical and dental bills. To view the full text of the order, click here.

Order designating chief and associate chief judges
An order designating chief judges and associate chief judges for administrative purposes of the summary courts becomes effective July 1. To view the order, click here.

Advance Sheet update
June 27, 2011

In this post-conviction relief case, the Supreme Court found that the evidence presented at trial properly supported the circuit court judge's jury charge regarding accomplice liability. 
Barber v. State, No. 26992, is available online.

The Court affirmed the circuit court's grant of summary judgment in favor of the Respondent because the Respondent owed no duty to the victim and there can be no civil liability under the Reporter's Statute, S.C. Code Section 63-7-310.
Doe v. Wal-Mart Stores, Inc., No. 26993, is available online.

The Court affirmed and adopted the decision of the Court of Appeals, stating that "[t]he Court of Appeals properly held that the circuit court erred in permitting the State to introduce evidence of the 2001 incident, and properly summarily disposed of the State's additional sustaining ground, and in so doing anticipated the Court's decision in State v. Wallace, 384 S.C. 428, 683 S.E.2d 275 (2009)."
State v. Fonseca, No. 26994, is available online.
Chief Justice Toal dissented in a separate opinion.

The Court affirmed the decision of the Court of Appeals because the State (1) properly moved for a continuance (2) established that there was good cause for the delay and (3) demonstrated that the Petitioner was not substantially prejudiced by the continuance. The Court used this case to clarify procedural aspects of a civil commitment trial under the SVPA [Sexually Violent Predator Act] and held: "if an inmate is granted a dismissal the proceedings should be dismissed without prejudice to the State. If the motion to dismiss is granted, the inmate may be released from custody while the State re-files its petition to the circuit court provided that the inmate has completed his sentence as determined by the Department of Corrections."
In re Care & Treatment of Miller, No. 26995, is available online.
Justice Pleicones concurred in a separate opinion. 

By order of June 22 the Court reinstated William Gary White III to the practice of law.
By order of June 23 the Court reinstated, subject to four conditions, Derwin Thomas Brannon to the practice of law.

In memoriam
John "Jack" L. Nettles, 85, of Florence died on June 26. His obituary can be found at The Post and Courier's website.

July 8
Children's Law Committee Meeting, Bar Building

July 14
Board of Governors Meeting, Conference Call

July 15
Ethics Advisory Committee Meeting, Columbia
Trial & Appellate Advocacy Section Council Meeting, Conference Call

July 22
Professional Responsibility Committee Meeting, Columbia

July 28
Workers' Compensation Section Council Meeting, Conference Call

July 29
Elder Law 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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