News + Press

February 28, 2012

February 27, 2012

Welcome to the South Carolina Bar's E-Blast! 
February 28, 2012
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.

House of Delegates uncontested elections
The following candidates have been elected to seats on the House of Delegates effective July 1: 1st Judicial Circuit: Randall L. Charpia and Robert D. Robbins; 3rd Judicial Circuit: J. Thomas McElveen III (and one seat to fill); 11th Judicial Circuit: J. Leeds Barroll IV, James E. “Ward” Bradley, Reginald P. Corley and Lisa L. Smith.

Compliance reporting deadline is Thursday
All active attorneys licensed before March 1, 2011, must file their 2011-2012 compliance reports with the Supreme Court Commission on CLE & Specialization on or before Thursday, March 1. Reports can be mailed to the Commission at P.O. Box 2138, Columbia, SC 29202. Bar members can also hand-deliver (or overnight) their reports to the Commission’s office located at 950 Taylor St., Ste. 120, Columbia, SC 29201. Reports postmarked by the U.S. Postal Service after March 1 must include the late fee. Questions should be directed to the Commission at (803) 799-5578 or

Volunteers needed for Special Olympics Mid-Winter Games
Special Olympics S.C. needs YLD volunteers for its Mid-Winter Games on Saturday, March 3, at The Citadel. YLD has reserved the basketball skills competition from 9 a.m. to noon, but volunteers are welcome to register for other events. Please list your group/organization as S.C. Bar YLD when registering, and feel free to recruit family members and friends to join us. Volunteers are invited to a happy hour on Saturday afternoon, details of which will be provided to registrants. To register, click 
here. For more information, contact Cooper Wilson at (843) 577-1205 or

More reasons to attend
ABA TECHSHOW 2012 March 29-31 at the Hilton Chicago: file encryption for all lawyers; value billing practices; tablets; virtual law offices; cloud computing; e-discovery for small firms; and more! Register online or by completing the Event Promoter Registration Form (select the Event Promoter pricing and provide EP code 1225), and make sure to register for your hotel by March 7. For more information, contact Courtney Kennaday at

Webcast to discuss how to file a disability appeal online
Beginning March 16, 2012, the Social Security Administration is requiring representatives who request (and are eligible for) direct fee payment to file reconsiderations on medically denied Title II and Title XVI disability or blindness claims, using the Internet Disability Appeal web portal found at Watch the webcast on March 7 at 1 p.m. to learn more about filing appeals electronically. To register, click here

Advance Sheet update
February 22, 2012

The S.C. Court of Appeals reversed the Administrative Law Court’s decision regarding interpretation of S.C. Statute Section 38-73-910(A), a workers’ compensation statute. The court held that the statute requires publication of notice of a loss costs rates filing, regardless of whether the filing contains an overall or average decrease in rates, because some of the rates in the filing were an increase. Furthermore, the court stated that the intent of the statute was to allow those affected by a rate change to protest changes before they become effective, which is only possible if there is publication.
Consumer Advocate v. Department of Insurance, No. 4944, is available

The court reversed the circuit court’s revocation of the appellant’s probation, holding that a revocation for failure to pay money can only be made when there is a necessary finding of facts that the failure was willful. To determine if there is a necessary finding of facts, the factors outlined in State v. Spare, 374 S.C. 264, 647 S.E.2d 706 (Ct. App. 2007), should be followed.
State v. Coker, No. 4945, is available

In this post-conviction relief (PCR) action for ineffective assistance of counsel, the court held that while the defendant’s counsel’s performance was deficient, the defendant was not entitled to a new trial. The defendant alleged that his counsel failed to seek testimony of an alibi witness during his trial, but since at the PCR hearing this witness’s testimony did not meet the legal definition of an alibi, the court concluded that the defendant did not satisfy the prejudice prong of the Strickland test for ineffective counsel because he did not show a reasonable probability that the result of the trial would have been different if the trial counsel had investigated and presented the testimony. The defendant alleged three other examples of the counsel’s deficiency, but the court found that none of those satisfied the prejudice prong of Strickland
Walker v. State, No. 4946, is available

Member resignations
By orders of February 23 the Court accepted the resignations from the Bar of Margaret Adelia Davidson, Lonnie Julius McAllister II, Julie Graves McKeel and Venable Vermont Jr.

Firm announcements
Elmore Goldsmith, PA
announces that K. Jay Anthony and Mason A. “Andy” Goldsmith have joined the firm located at 55 Beattie Place, Ste. 1050, Greenville 29601. (864) 255-9500.

Stephanie N. Lawrence and Kenya C. Miller announce the opening of Miller Lawrence, LLC located at 103-A S. Catawba St., Lancaster 29721. (803) 285-0004.

Thomas & Fisher, PA announces that Thomas G. Sinclair has become shareholder and that the firm is now Thomas, Fisher & Sinclair, PA located at 300 N. Main St., Ste. 401, Greenville 29601. (864) 232-0041.

March 2
Bar Foundation Board of Directors Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building

March 5
Administrative and Regulatory Law Committee Meeting, Bar Building

March 8
Government Law Section Council Meeting, Conference Call

March 9
Practice and Procedure Committee Meeting, Bar Building

March 13
Health Care Law Section Council Meeting, Conference Call

March 15
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Bar Building

March 16
Ethics Advisory Committee Meeting, Nelson Mullins
Probate, Estate Planning and Trust Section Council Meeting, Bar Building

March 16-17
Senior Lawyers Division Retreat, The Mills House (Charleston)

March 20
Law Related Education Project Citizen Training, Bar Building

March 22
Law Related Education Street Law Training, Bar Building

To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at

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950 Taylor Street, Columbia, South Carolina 29201 | Phone (803) 799-6653 | Fax (803) 799-4118 |