January 29, 2013
January 24, 2013
Welcome to the South Carolina Bar's E-Blast!
January 29, 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.
Report on economic impact of legal profession in South Carolina
On Thursday, the Bar's House of Delegates received a report on the economic impact of the legal profession in South Carolina. The study was conducted by the USC Moore School of Business Division of Research and found that the total impact of lawyers and law firms on the state of South Carolina is nearly $2.7 billion annually in economic output, which is associated with more than 23,000 jobs and $1.2 billion in labor income. The study was commissioned by the Bar for use in demonstrating the positive impact South Carolina lawyers have on economic activity and job creation in this state. Click here to review the full 15-page report.
Need a few CLE hours before the March 1 compliance deadline? We do that! The Bar's CLE Division currently offers more than 430 online, on-demand seminars on a wide variety of topics. Members can pause, rewind and review archived webcasts and online programs for up to 30 days. Are you looking to fulfill your Mental Health/Substance Abuse hour? The Bar currently offers 10 on-demand programs to fulfill that requirement. The S.C. Commission on CLE and Specialization rules currently allow members to earn up to 6.0 hours per reporting period through a distance learning format such as on-demand seminars. View a complete catalog of available programs at www.scbar.org/ondemand.
Wilkins honored with Trial and Appellate Advocacy Award
William W. "Billy" Wilkins of Greenville received the S.C. Bar Trial and Appellate Advocacy Award during the 2013 Bar Convention on Jan. 25 in Myrtle Beach. Wilkins is the former Chief Judge of the U.S. Court of Appeals for the Fourth Circuit and a member of Nexsen Pruet in Greenville. The award recognizes S.C. lawyers who demonstrate substantial dedication to the furtherance of the art and techniques of trial and appellate advocacy; display exceptional skill and conduct; and spend significant time and effort to educate and train attorneys in the areas of trial and appellate advocacy.
Casemaker mobile apps are here!
You will notice that when you log in to Casemaker, there is a link at the top left of your screen that says “Available mobile application.” When you click this link, a form will pop up that you can fill out with your name, e-mail address and mobile phone number, which will generate a reference code. Use this reference code in Google Play for Android or iTunes for the iPhone or iPad to download the app. Be sure to search for CasemakerLegal. For assistance with downloading the mobile app, call Casemaker at 877-659-0801. As always, if you need help logging in to Casemaker, e-mail firstname.lastname@example.org.
Bar member discounts on computer training
Discounted rates for computer application training are available to Bar members from New Horizons Learning Centers, with locations in Charleston, Columbia and Greenville. New Horizons is offering new low pricing for 2013 as well as free webinars. Contact Tony Hendon at (803) 576-1213.
The Bar Foundation's annual gala will be held Friday, March 22, in Columbia. The silent auction has become an integral part of the Foundation's event. Popular items include use of vacation homes, jewelry, artwork and rounds of golf. If you are interested in donating an item, please e-mail Shannon Scruggs or call (803) 765-0517. Help us so we can help them.
Deadline approaching in application period for Rule 608 criminal conflict contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in criminal conflict cases are invited to submit an application for consideration. This notice pertains to all 46 counties in the state. The link for the application and other important information about the contract program is located on the home page of the SCCID website. All applications must be received by 5 p.m. on Jan. 31 to be considered. Questions regarding the application process should be directed to SCCID at (803) 734-1338.
The S.C. Judicial Department has posted amendments to Rules 413, 502 and 608, SCACR to address the issue of a lawyer or judge being unable to assist in a disciplinary investigation or defense. The amendments are listed in this order.
The Department also posted an amendment to Rule 402, SCACR regarding the fee payable to the National Conference of Bar Examiners.
Call for judges
Furman University is hosting the 2013 Carol N. Ney National Mock Trial Tournament March 15-17 and is seeking volunteers to serve as judges. For more information or to register, click here. If you have any questions, contact Paige Blankenship at email@example.com.
Advance Sheet update
January 23, 2013
This opinion, originally filed Aug. 1, 2012, was withdrawn, substituted and refiled on Jan. 23, 2013. In this declaratory judgment action challenging Greenville County’s “County Council Reserves” account as an unlawful delegation of legislative power, the S.C. Court of Appeals reversed. The circuit court incorrectly relied on Commissioner of Internal Revenue v. Sunnen, 333 U.S. 591, 598 (1948), when deciding that res judicata did not bar the present case because Sunnen addressed collateral estoppel rather than res judicata, and its application was later limited. The court then held that res judicata did bar the present action because the respondent had brought the same action in 1996.
South Carolina Public Interest Foundation v. Greenville County, No. 5016, is available online.
In this life insurance dispute, the court reversed and remanded for new trial. The court held that the trial court erred in permitting a directed verdict in favor of Shenandoah since a jury could reasonably conclude that Shenandoah failed to prove that the deceased intended to defraud the insurance company by making misrepresentations regarding his alcohol and drug use on his application.
Shenandoah Life Insurance Co. v. Smallwood, No. 5076, is available online.
Judge Williams dissented in a separate opinion.
The court affirmed the trial court’s grant of summary judgment against the appellants on their contract claims and on the estoppel claims based upon the employee handbook and benefits booklet. The trial court erred, however, in granting summary judgment against the appellants on estoppel claims based upon representations made by the appellants’ supervisors and the city’s human resource personnel. Whether the appellants reasonably relied on those statements and written promises to provide continuing free health insurance after retirement is an issue of fact.
Bishop v. City of Columbia, No. 5077, is available online.
By orders of January 24, the Court accepted the resignations from the Bar of Carol S. Hawkins, Claire V. Hill, Katharine Hamer Moore and Anne Dufour Zuckerman.
On January 23, the Court reinstated Jennifer L. Green as an Inactive Member of the Bar.
Alston Calhoun Badger Jr., 51, of Mt. Pleasant died January 26. His obituary can be found here.
Paul D. deHolczer announces the opening of deHolczer Law PC located at 1911 Barnwell St., Ste. C, Columbia 29201. (803) 708-3242.
Holcombe Bomar, PA announces that John Hollis Inabinet has become an associate of the firm located at 100 Dunbar St., Ste. 200, Spartanburg 29306. (864) 594-5300.
Ogletree, Deakins, Nash, Smoak & Stewart, PC announces that Lee Gibbs Depret-Bixio has been elected a shareholder in the firm located at 1320 Main St., Ste. 600, Columbia 29201. (803) 252-1300.
Richardson Plowden & Robinson, PA announces that Charles J. “Chuck” Webb has been named a shareholder in the firm located at 1900 Barnwell St., Columbia 29201. (803) 576-3737.
Rogers Townsend & Thomas, PC announces that Andrew Powell has joined the Columbia office as an associate located at 220 Executive Center Dr., 29210. (803) 771-7900.
Segui Law Firm, PC announces that Hunter Higgison has joined the firm located at 864 Lowcountry Blvd., Ste. A, Mt. Pleasant 29464. (843) 884-1865.
Practice and Procedure Committee Meeting, Bar Building
Military and Veterans' Law Section Council Meeting, Bar Building
Elder Law Committee Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
Ethics Advisory Committee Meeting, Bar Building
Workers' Compensation Section Council Meeting, Conference Call
Board of Governors Meeting, Kiawah Island
Environment and Natural Resources Section Council Meeting, Conference Call
Professional Responsibility Committee Meeting, Bar Building
High School Mock Trial Regional Competitions
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