News + Press

October 16, 2012

October 15, 2012

Welcome to the South Carolina Bar's E-Blast! 
October 16, 2012
E-Blast highlights upcoming activities, legal information and links to the Bar's website at
here for the most recent CLE Edition, which highlights upcoming CLE opportunities.

In memoriam: Morris D. Rosen
Please mourn the passing of Morris D. Rosen, 92, of Charleston who died October 15, 2012. Mr. Rosen served as president of the Bar from 1979 to 1980. He graduated from the University of South Carolina School of Law and was admitted to the Bar in 1947, opened his practice on Charleston's Broad St. and served as the senior partner of Rosen, Rosen and Hagood, LLC until his retirement in 2009. On December 15, 2011, Mr. Rosen received the prestigious James Louis Petigru award from the Charleston County Bar Association, of which he served as president from 1963 to 1964. Mr. Rosen also participated in the Bar Foundation's Oral History Program, which can be viewed 
here. His full obituary can be found here

Nominations sought
The Senior Lawyers Division is calling for nominations for the positions of President-Elect, Secretary-Treasurer and regional representatives from regions I and III. These positions will become vacant on June 30, 2013, and nominees must be members of SLD in good standing. A nominee for regional representative must maintain his or her principal office in the judicial region to be represented. SLD’s nominating committee will meet prior to Nov. 15 to consider all nominations. Members of SLD are encouraged to submit names to the committee for consideration. Please verify the member’s interest in serving on the executive council before submitting your nomination. Recommendations should be sent to Tara G. Smith at no later than Oct. 19. For more information, call (803) 799-6653, ext. 146 or toll free (877) 797-2227.

Recent publication release
S.C. Civil Procedure, Third Edition, 2012 Supplement by Prof. James Flanagan
The 2012 supplement includes cases decided between Jan. 1, 2011, and July 1, 2012. The most important development during this period was the amendment of the discovery rules to add provisions for electronic discovery promulgated in April 2011. The purchase of the 2012 supplement includes a new CD, which contains the text of both the third edition and the 2012 supplement. If you do not already own S.C. Civil Procedure, Third Edition, click 

Pro bono in your PJs!
Interested in helping those who can’t afford a lawyer but just don’t have time to take on a case? Work for an agency and can’t go to court, but know you have knowledge that would help? is for you! The S.C. Bar is launching a website for clients, who meet the qualifications, to post questions. Volunteer lawyers are needed to answer questions in a variety of practice areas. If you would like to volunteer, sign up at For more information, contact Cindy Coker, Public Services Director, at (803) 576-3797 or

Nominate a colleague for the Trial and Appellate Advocacy Award
The S.C. Bar Trial and Appellate Advocacy Section is seeking nominations for its award, which recognizes a lawyer who has demonstrated outstanding commitment to trial and appellate advocacy in the legal profession. The deadline to submit nominations is Nov. 1. For nomination criteria and instructions, click 

ABA CoLAP presents Law School Assistance Awards
Congratulations to Megan Seiner of the USC School of Law and Brett Barker of the Charleston School of Law, winners of the ABA Commission on Lawyer Assistance Programs (CoLAP) Law School Assistance Award. The award recognizes those who have significantly contributed to the mental and physical wellness of law students by way of education, intervention and programming. Ms. Seiner and Mr. Baker were recognized for their support and encouragement in providing the Student Mental Health Awareness Day (USC School of Law) and the Mindfulness Stress Management series (Charleston School of Law). The awards were presented at the CoLAP Annual Conference in Grand Rapids, Mich. in October.

PMAP–Your guide to …
Accepting credit cards. If your firm takes credit cards, LawPay is a company that understands the need to keep earned and unearned fees separate. Processing fees are deducted only from your operating account, never your trust account. LawPay offers a variety of processing options, including the iDynamo card reader for mobile devices, which offers triple encrypted credit processing from your smart phone or iPad. For details,
contact LawPay. PMAP is free practice management advice for Bar members. For more information, call (803) 799-6653, ext. 183 or e-mail

Call for nominations: Ellen Hines Smith Legal Services Lawyer of the Year Award
It's time to submit nominations for the Ellen Hines Smith Legal Services Lawyer of the Year Award. The award, in memory of Ellen Hines Smith of Spartanburg, recognizes a lawyer who has demonstrated commitment to the development and delivery of quality legal services to the poor in South Carolina. Members of the Bar are encouraged to nominate a lawyer who is employed at
S.C. Legal Services. Nominations will be accepted through Nov. 15. Additional information and the nomination form can be found here. The winner will be presented jointly with the S.C. Access to Justice Commission at the Bar Foundation's Gala on March 22, 2013. The Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.

Advance Sheet update
October 10, 2012
In this criminal appeal, the S.C. Court of Appeals affirmed the decision of the circuit court. The court found that the circuit court properly held that Section 56-5-2953 of the S.C. Code did not require the dismissal of Manning's charges, as it was physically impossible to provide a video recording when the appellant needed emergency medical treatment; a reasonable person with Cpl. Hallman's knowledge would have probable cause to arrest Manning for felony DUI; Manning declined the circuit court's offer to give an instruction to the jury to disregard the severed drug charge and therefore waived the issue on appeal; and the circuit court did not abuse its discretion in charging the jury on S.C. Code Section 56-5-2950(A). (This order was withdrawn, substituted and refiled Oct. 10, 2012.)
State v. Manning, No. 5017, is available

In this appeal, the court affirmed in part and reversed in part the decision from the circuit court. The appellant alleged that Palmetto Health voluntarily assumed a general duty to him as he picked up and loaded computers because Palmetto Health maintained primary control of the loading area; knowingly and frequently managed the pick-up process; and directed the appellant where to park the day of the accident. The court found evidence that Palmetto Health owed a duty to the appellant, thus creating a genuine issue of material fact for the jury. The court further affirmed the circuit court's legal determination that Tantara Transportation Inc. was entitled to tort immunity as Johnson's statutory employer. The court opined that the appellant was not a casual employee as contemplated by S.C. Code Section 42-1-130 and declined to address the common-law borrowed employee test.
Johnson v. Jackson, No. 5037, is available

In memoriam
John S. Burgin, 60, of Raleigh, NC died July 2, 2012. His obituary can be found

James Meek Dickson, 89, of Clover died March 16, 2012. His obituary can be found 

James Marvin “Bo” Mullis Jr., 72, of Columbia died October 10, 2012. His obituary can be found 

Emmett Graydon Shuford, 77, of Stone Mountain, GA died May 12, 2012. His obituary can be found 

Firm announcements
The Douglas Jennings Law Firm, LLC announces that Mason William King has joined the firm located at 151 Broad St., Bennettsville 29512. (843) 479-2865.

Zach Ellis
and Wes Boyd announce the opening of Boyd & Ellis, LLC located at 111-A E. North St., Greenville 29601. (864) 991-8738.

Hamilton, Martens and Ballou, LLC
announces that Beverly A. Carroll has joined the firm as a member and that it is now Hamilton Martens Ballou & Carroll, LLC located at 130 E. Main St., Rock Hill 29730. (803) 329-7672.

Smith Moore Leatherwood, LLP announces that T. Foster Haselden has joined the Greenville office located at 300 E. McBee Ave., Ste. 500, 29601. (864) 242-6440.

October 17
Community Works Training, Bar Building

October 18
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Conference Call

October 19
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

October 26
South Carolina Lawyer Editorial Board Meeting, Conference Center

October 30
Senior Lawyers Division Nominating Committee Meeting, Conference Call

November 3
Middle School Mock Trial Regional Competitions

November 5
Administrative and Regulatory Law Committee Meeting, Bar Building

November 9
Practice and Procedure Committee Meeting, Bar Building
Professional Responsibility Committee Meeting, Bar Building

November 13
Health Care Law Section Council Meeting, Conference Call

November 16
Elder Law Committee Meeting, Bar Building
Workers' Compensation Committee Meeting, Conference Call

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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