January 3, 2013
December 28, 2012
Welcome to the South Carolina Bar's E-Blast!
January 3, 2013
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.
Lawyer Referral Service
Looking for some new business for the new year? We do that! The Bar's Lawyer Referral Service offers a simple, inexpensive and practical method of introducing people with legal problems to qualified lawyers. Proof of professional liability insurance is required, and Bar members may join at any time to start receiving referrals in their designated practice areas. The application for membership and the LRS rules can be found online.
Amendments to the S.C. Appellate Court Rules
By order of December 28, the S.C. Supreme Court amended the S.C. Appellate Court Rules to comport to the order containing revisions to Rule 410, filed May 7, 2012. The amendments became effective January 1, 2013, and include the following:
402 Admission to Practice Law
404 Admission Pro Hac Vice
405 Limited Certificate of Admission to Practice
407 Rules of Professional Conduct Rule 1.15 Safekeeping Property
408 Continuing Legal Education and Specialization
410 South Carolina Bar
413 Rules for Lawyer Disciplinary Enforcement Rule 3 The Commission on Lawyer Conduct
413 Rules for Lawyer Disciplinary Enforcement Rule 5 Disciplinary Counsel
413 Rules for Lawyer Disciplinary Enforcement Rule 33 Reinstatement Following a Definite Suspension for Nine Months or More or Disbarment
414 Limited Certificate to Practice Law for Clinical Law Program Teachers
415 Limited Certificate of Admission for the Retired Attorney Pro Bono Participation Program
419 Administrative Suspensions
424 Licensing of Foreign Legal Consultants
425 Mandatory Lawyer Mentoring Program
502 Rules for Judicial Disciplinary Enforcement Rule 3 The Commission on Judicial Conduct
502 Rules for Judicial Disciplinary Enforcement Rule 5 Disciplinary Counsel
503 Advisory Committee on Standards of Judicial Conduct
510 Continuing Legal Education for Magistrates and Municipal Judges
608 Appointment of Lawyers for Indigents
609 Rules Advisory Committee
Join your fellow members of the S.C. Bar and the members of the General Assembly for an evening of cocktails and light hors d' oeuvres at the 2013 Legislative Reception on Wednesday, Jan. 16, from 5 to 7 p.m. The event will be held at Oak Table (1221 Main St., Columbia). To RSVP, contact Catherine Scarlett at (803) 576-3782 or email@example.com by Jan. 9. To view the invitation, click here.
2013 S.C. Bar Convention expecting great turnout and great fun
Based on current registration numbers, the 2013 Convention is shaping up to be a very successful and rewarding event! Please remember that registration closes at midnight tonight, Jan. 3, so make your plans now to join your friends in Myrtle Beach. Due to robust registration, rooms may not be available at the Convention headquarters hotel, Myrtle Beach Marriott Grande Dunes; however, please call (843) 692-3719 to determine availability. The designated overflow hotels are the Marriott OceanWatch Villas, (843) 692-5500, and the Marina Inn, (843) 913-1333. Identify yourself as a S.C. Bar Convention attendee to reserve the convention rate. Even though online registration ends tonight, you may register on-site during the Convention Jan. 24-27. Take advantage of the outstanding seminars, networking, meeting your fellow attorneys and judges and much more.
YLD Oyster Roast
YLD members: Join your fellow young lawyers at the 2013 Convention on Friday, Jan. 25, for the YLD Oyster Roast at the Dunes Club (9000 N. Ocean Blvd., Myrtle Beach). The event begins at 7 p.m. and is open to young lawyers and a guest. There is no fee to attend, but you must register by Jan. 11. For more information, contact Morgan Crouch at firstname.lastname@example.org.
Ethics Advisory Opinion issued
The Ethics Advisory Committee has issued a new opinion. The text of all opinions is available here.
12-12 Lawyers may state or imply that they practice in a partnership only when such statement or implication is accurate and not misleading. Under the circumstances presented, it would be misleading for the lawyer to indicate or imply that he is practicing in a partnership.
Interest rate on money judgments and decrees
For the period of Jan. 15, 2013, through Jan. 14, 2014, the legal rate of interest for judgments and money decrees is 7.25 percent compounded annually, as to comply with S.C. Code Ann. Section 34-31-20 (B) (Supp. 2010). View the complete order on the Judicial Department's website.
Chief Judges for administrative purposes of the summary courts
The judges of the magisterial courts listed in this order are to be designated as Chief Judge or Associate Chief Judge for administrative purposes of the summary courts in the counties in which they hold office.
A new year, new stories and new faces assisted by Foundation grantees
Thank you to everyone who closed out 2012 with a gift to the Bar Foundation, furthering the efforts to advance justice in 2013! Without you, our grantee stories–fathers becoming leaders and role models for their families, abused women conquering their fears, students gaining invaluable knowledge of the law and so much more–might be lost. With a new year comes new faces, new stories and new lives for the many South Carolinians helped by our grantees. In 2013, we will dedicate every Tuesday to telling their stories. Make sure to follow us on Facebook and Twitter to experience the first Tuesday Tale!
Advance Sheet update
December 28, 2012
In this appeal of a negligence action, the S.C. Court of Appeals affirmed the circuit court’s grant of summary judgment in favor of MBW, an accounting firm retained by Johnson's former employee. The court concluded that because MBW did not render a service to Johnson, nor did MBW act for her protection from physical harm, MBW owed no duty of care to Johnson as a matter of law.
Johnson v. Robert E. Lee Academy, No. 5067, is available online.
In this appeal of a family court order, the court reversed, finding the language of the parties’ settlement agreement clear and unambiguous. The court further found that the LLC's payment of 100 percent of its loan obligation to the wife caused the husband's monthly alimony obligation to be reduced by 100 percent, to zero dollars.
Gaffney v. Gaffney, No. 5068, is available online.
Petition for reinstatement
Kelly C. Evans has filed a petition for reinstatement, which has been referred to the Committee on Character and Fitness. The Committee has scheduled a hearing on Jan. 16 at 9:30 a.m. in the courtroom of the Supreme Court Building.
By order of December 28, the Court suspended Jeffrey Glenn Smith for 12 months (retroactive to January 13, 2012) for misconduct including violations of Rules 1.1, 1.4 and 8.1 of the S.C. Rules of Professional Conduct.
By order of December 28, the Court publicly reprimanded John L. Drennan (with additional conditions) for misconduct, including making a false statement of fact to a tribunal.
By order of December 28, the Court accepted the irrevocable resignation of Ernest W. Cromartie II with the condition that he may never practice law in this state. Justice Pleicones dissented in a separate opinion in which Chief Justice Toal concurred.
By orders of December 21, the Court accepted the resignations of Jeffrey Franklin Cherry, Harry Edwin Harner, Susanne Hughes Trainer and Robert Dale Wilson.
Mark Desser announces the opening of Mark Desser, Attorney at Law, LLC located at 1803 W. Palmetto St., Ste. D, Florence 29501. (843) 413-9000.
Thomas G. Earle and Carl A. Ellsworth announce the closing of Seigler, Earle & Ellsworth located at 1735 St. Julian Place, Ste. 103, Columbia 29204. (803) 254-2791.
McDonald Patrick Poston Hemphill & Roper, LLC announces that Hannah K. Metts has become partner in the firm located at 414 Main St., Greenwood 29646. (864) 229-2511.
Jessica L. Means (f/k/a Jessica L. Cassick) announces the opening of Means Law Firm, LLC located at 1004 Anna Knapp Blvd., Second Floor, Mt. Pleasant 29464. (843) 654-4470.
Nexsen Pruet, LLC announces that Amy Clayton and Jennifer Hollingsworth have been named members in the Columbia office located at 1230 Main St., Ste. 700, 29201, (803) 771-8900; Elbert Dorn has been named partner in the Myrtle Beach office located at 1101 Johnson Ave., Ste. 300, 29577, (843) 213-5400; Mary Shahid has been named partner in Charleston office located at 205 King St., Ste. 400, 29401, (843) 577-9440; and Kirsten Small has been named partner and Rachael Lewis Anna has joined the Greenville office located at 55 E. Camperdown Way, Ste. 400, 29601, (864) 370-2211.
Willson Jones Carter & Baxley, PA announces that Benjamin M. Renfrow and L. Brenn Watson have become shareholders in the Greenville office located at 872 S. Pleasantburg Dr., 29607. (864) 527-3280.
Alternative Dispute Resolution Commission Meeting, Conference Center
South Carolina Lawyer Editorial Board Meeting, Conference Center
Administrative and Regulatory Law Committee Meeting, Bar Building
Health Care Law Section Council Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Bar Building
We the People: The Citizen and the Constitution Competition
Dispute Resolution Section Council Meeting, Conference Call
Elder Law Committee Meeting, Bar Building
Member Involvement Task Force Meeting, Conference Call
Ethics Advisory Committee Meeting, Bar Building
Lawyers Helping Lawyers Training, TBD
Board of Governors Meeting, Myrtle Beach
House of Delegates Meeting, Myrtle Beach
Memory Hold the Door Ceremony, Myrtle Beach
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.