May 24, 2012
May 23, 2012
Welcome to the South Carolina Bar's E-Blast!
May 24, 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.
Summer E-Blast schedule
Beginning next week, the regular edition of E-Blast will be distributed on Thursdays only. Continue to look for the CLE edition every Wednesday.
Congratulations to the following new judges who were elected by the General Assembly on May 23: Karen F. Ballenger, Family Court, 10th Circuit, Seat 2; and Robert E. Newton, Family Court, 11th Circuit, Seat 3.
Sign up for the Lawyer-to-Lawyer Directory
The deadline to sign up to be listed in the 2012 Lawyer-to-Lawyer Directory is June 1. The directory is a list of lawyers who have experience in specific areas of the law and is available on the Bar’s website. Participating lawyers provide brief telephone consultations (up to 10 minutes) at no charge to other Bar members on specific areas of law. The directory is meant to encourage and facilitate appropriate lawyer-to-lawyer consultations, referrals and associations. It is not intended as a referral guide for the public.
To participate, complete the form at www.scbar.org/L2L and fax to (803) 799-4118 or e-mail to firstname.lastname@example.org. Participants must have three or more years of practice in the areas they select. Those listed in prior years will continue to appear in the directory unless the Bar is otherwise notified.
New Ethics Advisory Opinions issued
The Ethics Advisory Committee has issued two new opinions. The text of all opinions is available here.
12-05 An attorney works for a Texas-based law firm as the sole employee of the firm’s South Carolina office, the IOLTA account will be located in Virginia, where the partner is based and where the law firm’s accounting office is located, and the partner will have sole ability to write checks drawn on the S.C. IOLTA account. The arrangement appears to comply with Rule 1.15 and Rule 412, but it does not comply with Rule 417, SCACR, as recently amended.
12-06 Rules 5.4 and 7.2(c) do not prohibit an attorney with her own law practice from joining a mediation firm with non-lawyers and sharing in its profits as long as no portion of the work of the mediation firm consists of the practice of law and clients understand that the firm is not engaged in the practice of law. See also Ethics Advisory Opinion 94-10, which concludes that mediation is not a legal service and that admission to the Bar is not a prerequisite to service as a mediator.
Fourth Circuit Court of Appeals summaries
Members of the South Carolina Law Review have summarized newly published cases from the Fourth Circuit Court of Appeals. The summaries can be found here. Click here to view Dickens v. Aetna Life Ins. Co., a case in which the Fourth Circuit decided an issue of first impression.
Don't forget to check out tomorrow's Weekly Legislative Report! Updates are posted on Fridays during the legislative session.
Advance Sheet update
May 23, 2012
In this case regarding the erection of a gate across an easement, the S.C. Court of Appeals affirmed as modified the trial court’s order. The court balanced the owner of the servient estate’s need to keep trespassers off his property against the owner of the dominant estate’s burden in accessing his property to determine that the gate was unreasonable unless the owner of the dominant estate is given the numeric code to unlock the gate as well as two remote opening devices already provided. The court further rejected the appeal that the dominant estate owners abandoned the easement because there was no proof that the owners intended to do so.
Judy v. Kennedy, No. 4976, is available online.
The court affirmed in part, reversed in part and remanded this appeal of a conviction for possession with intent to distribute crack cocaine. During voir dire, a juror failed to disclose requested information, and the trial court denied the defendant’s subsequent motion for a new trial. The court reversed the trial court's finding that the information the juror concealed would not have been a material factor in the defendant’s use of his peremptory challenges and remanded for a factual determination of whether the juror intentionally concealed the information. Further, the court affirmed the admission of the drugs into evidence.
State v. Miller, No. 4977, is available online.
Judge Thomas concurred and dissented in a separate opinion.
The Committee on Character and Fitness invites comments by July 15 on the petitions for reinstatement of William H. Jordan (who formerly practiced in Charleston) and James C. Sexton Jr.
Graybill & Lansche, LLC announces its relocation to 2721 Devine St., Columbia 29205. (803) 404-5700.
H. Mark Hamlet announces the formation of Hamlet & Associates, PLLC located at 2601 Irongate Dr., Ste. 101, Wilmington, NC 28412. (910) 777-5995.
The Law Office of Joshua Snow Kendrick, PC announces that Christopher Leonard has been named partner in the firm and that it is now Kendrick & Leonard, PC. The firm also announces its relocation to 1916 Barnwell St., Columbia 29201. (803) 702-0231.
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.