May 22, 2012
May 21, 2012
Welcome to the South Carolina Bar's E-Blast!
May 22, 2012
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.
Are you looking for direction on software products for your law office? We do that! Bar members are eligible to receive discounts on EasySoft, Rocket Matter and Clio. These products offer time and billing, trust account management and practice management systems and have been reviewed by PMAP Director Courtney Kennaday. For advice on these and other software products, contact Courtney at (803) 799-6653, ext. 183 or firstname.lastname@example.org. Before purchasing, make sure you order through the link on the Bar’s website (www.scbar.org/benefits) in order to receive the discounted rate. The Bar regularly reviews new products and seeks out new discounts for members, details of which are posted on this page.
Important notice about your information in the Lawyers Desk Book
Production of the 2012-13 Lawyers Desk Book is underway, and address changes must be made by June 1 to be included in the new edition. All changes in contact information are handled by the S.C. Attorney Information System (AIS) exclusively, and you must log on to AIS (www.sccourts.org/ais) to update your information. Complete contact information will be published for all Bar members, to include name, organization, mailing address, phone number and e-mail address.
If you have not entered your fax number in AIS, the Bar does not have it on file. While AIS does not require fax numbers, you must enter one if you would like it to appear in the Lawyers Desk Book. In order to ensure your zip code matches the address published, please do not enter two addresses (P.O. Box and Street) in a single address field. Please review your information carefully, as it will be published as entered in AIS.
Get involved through Committee Sign-Up!
If you have been searching for your own unique way to contribute to the Bar, consider signing up for a Bar committee. Nearly all committees are filled by appointment of the president-elect, and terms are for one year. The 2012-13 Committee Sign-Up form is now available on the Bar website at www.scbar.org/getinvolved. Or look for a form in your May issue of the South Carolina Lawyer.
PMAP–Your guide to …
Virtual receptionists. Is your answering machine scaring away potential clients? The latest member benefit for Bar members is Ruby Receptionist, a company that provides virtual receptionists to lawyers in small firms. More than a traditional answering service, Ruby will do everything a typical receptionist does, except sit in your office. Plus, Ruby is much less expensive, never goes on vacation or even to lunch! Bar members receive a five percent discount off the base price of all plans, plus a 14-day free trial and waiver of the $95 set-up fee. For more information, visit www.callruby.com/scbar.
Ralph P. Stroman was appointed as special referee for Horry County to hear default foreclosures and perform administrative duties as delegated by the master-in-equity for Horry County. To view the complete order, click here.
Advance Sheet update
May 16, 2012
The S.C. Court of Appeals held that the circuit court had jurisdiction to set the rate of interest on a payment due pursuant to a contract. The post-judgment interest rate to be used was not previously established by the circuit court, and the case was remanded for reconsideration of this issue.
Bickerstaff v. Prevost, No. 4972, is available online.
This appeal arose from the trial court’s order that an agreement to settle a lawsuit (“the Agreement”) was enforceable. The court found that the Agreement was not binding as to the appellant’s son and that the inclusion of the three-word reference to the son's property did not release the appellant himself from the Agreement. The court also found no error with the trial court's determination that the subsequent conduct of the parties and attorneys established the parties had a meeting of the minds and intended to be bound by the Agreement. Finally, the court found no error in the trial court's ruling that the Agreement did not contain a condition precedent to the appellant’s alleged obligation with respect to a final settlement agreement.
Byrd v. Livingston, No. 4973, is available online.
In this appeal arising from the defendant seeking a new trial because of juror misconduct, the court affirmed the trial court and held that, while juror misconduct did occur, it did not prejudice the defendant. Though a juror sought advice from her mother regarding the case, she did not tell other jurors of her discussion. Because there was enough circumstantial evidence of the defendant’s guilt and because the juror still convicted the defendant despite her mother’s statements, the defendant was not prejudiced.
State v. Elgin, No. 4974, is available online.
The court affirmed the Administrative Law Court’s decision to uphold the respondent’s denial of the appellant’s landfill application. The court held that the determination of need and the determination of consistency are two separate factors in the permitting process, and the respondent did not merge these requirements or improperly delegate authority by allowing the county to determine if the proposed landfill was consistent with its plan.
Greeneagle v. SCDHEC, No. 4975, is available online.
The Cahoon Law Firm, LLC announces its relocation to 8502 Two Notch Rd., Ste. G, Columbia 29223. (803) 462-6700.
Davidson & Lindemann, PA announces that David A. DeMasters has joined the firm as an associate located at 1611 Devonshire Dr., Second Floor, Columbia 29204. (803) 806-8222.
McAngus Goudelock & Courie, LLC announces that Matthew S. Moser and E. Scott Winburn have joined the Columbia office located at 1320 Main St., 10th Floor, 29201. (803) 779-2300.
Ryan Montgomery announces the opening of Ryan Montgomery, Attorney at Law, LLC located at 108 Mills Ave., Greenville 29605. (864) 373-7333.
Trial and Appellate Advocacy Section Council Meeting, Conference Call
Practice and Procedure Committee Meeting, Bar Building
Project Citizen Training, Bar Building
Ethics Advisory Committee Meeting, Nelson Mullins
Probate, Estate Planning and Trust Section Council Meeting, Bar Building
Family Law Section Council Meeting, Bar Building
Elder Law Committee Meeting, Bar Building
Professional Responsibility Committee Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at email@example.com or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.