October 4, 2012
October 03, 2012
Welcome to the South Carolina Bar's E-Blast!
October 4, 2012
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.
Application period open for Rule 608 civil case contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in civil matters (post conviction relief and sexually violent predator actions included) are invited to submit applications for consideration. The link for the application and other documents concerning the civil case contract program is located on the front page of the SCCID website: www.sccid.sc.gov. All applications must be completed and received by SCCID no later than 5 p.m. on Oct. 15, 2012. Questions regarding the application process should be directed to the Commission.
YLD hosting Necessities and Paper Products Drive
YLD's Voices Against Violence Committee is hosting its Necessities and Paper Products Drive through Oct. 31. Volunteers will collect and distribute personal care items, toiletries and other items to domestic violence shelters throughout the state. Monetary donations can be made payable directly to the shelters or mailed to the S.C. Bar YLD Foundation, P.O. Box 608, Columbia, SC 29202. The complete list of drop off locations and items needed can be found here. For more information, contact Carrie Raines at firstname.lastname@example.org or (803) 758-6000.
In conjunction with the American Bar Association Young Lawyers Division Fall Conference, YLD invites all Charleston attorneys to attend a lunch featuring a presentation by Chief Justice Toal and Justice Pleicones on Friday, Oct. 19, at 12:30 p.m. YLD and ABA memberships are not required and you do not need to be registered for the conference to attend. To register, click here. If you would like to also attend the conference Oct. 18-20, click here to register.
FedEx Advantage sweepstakes
Bar members: sign up for the FedEx Advantage® discount program! You'll automatically be entered in the sweepstakes and eligible to play the game with hundreds of prizes totaling $25,000. Make eligible shipments with FedEx® through Nov. 7 and you could win multiple ways and multiple times. As a Bar member, you’ll also save up to 26 percent on FedEx® services during the sweepstakes and beyond. Click here for more information and to enter.
Bar Foundation now accepting DuRant nominations
The Bar Foundation is accepting nominations for the DuRant Distinguished Public Service Award, the most prestigious statewide award that members of the Bar can bestow on a fellow attorney. For selection criteria, the nomination form and a list of past award recipients, click here. Nominations should be sent to Dee Sanders at email@example.com by Monday, Nov. 12. If you have questions, please call (803) 765-0517.
Advance Sheet update
October 3, 2012
In this foreclosure action, the S.C. Supreme Court affirmed the decision of the circuit court to dismiss the appellant’s request to impose a constructive trust in the property and to cancel the lis pendens filed by the appellants. Constructive trusts arise when property is acquired under circumstances that make it inequitable for the property to remain with the legal title holder. The Court found that the appellants did not provide sufficient facts to show that the acquisition of the property was inequitable, and therefore the appellants were unable to state a claim for a constructive trust. A lis pendens is permitted only when the action actually affects title to real property. Since the appellants were unable to state a claim for a constructive trust, they have no claim affecting the title to real property, and therefore, the request for lis pendens was properly dismissed.
Carolina Park Associates v. Marino, No. 27175, is available online.
The appellant appealed his convictions from the circuit court and the S.C. Supreme Court affirmed. The appellant contended that the trial court committed reversible error in allowing the state to impeach his defense witness based on his prior convictions. When determining whether the probative value of a prior conviction substantially outweighs its prejudicial effect, trial courts are to consider: the impeachment value of the prior crime; the point in time of the conviction and the witness’s subsequent history; the similarity between the past crime and the charged crime; the importance of the defendant’s testimony; and the centrality of the credibility issue. Upon examination of these factors, the Court held that the probative value of the convictions did not substantially outweigh their prejudicial effect, and therefore the circuit court erred in deciding to impeach the witness. Ultimately, however, in review of the entire record, this error was harmless to the appellant’s case because sufficient evidence existed to undermine both the witness' and the appellant’s credibility.
State v. Black, No. 27176, is available online.
Advance America, Cash Advance Centers, Inc. announces that Harry V. Ragsdale has joined the company as associate corporate counsel located at 135 N. Church St., Spartanburg 29306. (864) 342-5715.
Peter G. Siachos announces that Chronakis Siachos, LLC is now Chronakis Siachos & Kaplan, LLC with offices located at 50 Harrison St., Ste. 315, Hoboken, NJ 07030, (201) 792-7777, and 260 Madison Ave., 18th Floor, New York, NY 10016, (212) 953-0000.
Health Care Law Section Council Meeting, Conference Call
Elder Law Committee Meeting, Conference Call
Practice and Procedure Committee Meeting, Conference Center
Community Works Training, Bar Building
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Conference Call
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
South Carolina Lawyer Editorial Board Meeting, Conference Center
Senior Lawyers Division Nominating Committee Meeting, Conference Call
Middle School Mock Trial Regional Competitions
Administrative and Regulatory Law Committee Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.