News + Press

February 5, 2013

February 01, 2013

Welcome to the South Carolina Bar's E-Blast! 
February 5, 2013
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 case you missed it ...
The February issue of S.C. Bar News was distributed via e-mail last week. The current issue, as well as a PDF version and description of tips and features, is available on the Bar's website at Be sure to check out this issue for news about the Law Related Education Division's latest student competition; a recap of the January House of Delegates meeting; proposed amendments to the Commission on CLE's regulations; how to donate to the Young Lawyers Division's Cinderella Project; and much more. Don't miss it!

Legislative report
See what happened last week in the
Weekly Legislative Report! Updates will be posted every Monday throughout the legislative session.

PMAP–Your guide to …
Password help. It’s not a good idea to use the same password for everything, but how do you remember them all? One solution is to use a password manager.
LastPass acts like a safe deposit box for your passwords; you choose a strong master password and LastPass does the rest. It’s also free! Read this article to learn more about LastPass. KeePass is another free option that works the same way, but stores your data on your computer rather than on the Web. Read this article to learn more about the available password managers and the security risks of each. PMAP is free practice management advice for Bar members. For more information, call (803) 799-6653, ext. 183 or e-mail

Rule amendments
On Jan. 31, 2013, the S.C. Supreme Court submitted the following rule amendments to the S.C. General Assembly, pursuant to Article V, Section 4A of the S.C. Constitution:
(1) An order amending Rule 4 of the S.C. Rules of Civil Procedure (SCRCP) and Rule 6 of the S.C. Rules of Magistrates Court (SCRMC). This order incorporates the recommendations of the S.C. Bar regarding service of process by a commercial delivery service.
(2) An order amending the S.C. Rules of Magistrates Court, incorporating requests from the Bar regarding time limits on post-trial motions.
(3) An order amending the S.C. Court-Annexed Alternative Dispute Resolution Rules, regarding early mediation of unresolved custody or visitation issues.
(4) An order amending the S.C. Rules of Criminal Procedure as proposed by the Bar, to add Rule 35. New Rule 35 follows verbatim the language of Rule 6(a), SCRCP.

Scrivener’s error corrected
The Court by order of February 5 has corrected Comment 3 to Rule 8.4, RPC, Rule 407, SCACR, to refer to Paragraph (e) rather than Paragraph (d).

It’s not too late to become a Gala sponsor
Don’t miss the opportunity to become a sponsor of the 
Bar Foundation Gala on Friday, March 22. To be included on the gala invitation, those interested must confirm their sponsorships by Feb. 11. Thank you to our presenting sponsor, Collins & Lacy; our event sponsor, Charleston School of Law; and our other early commitment supporters who are helping to make this event possible. Learn more about gala sponsorship levels and become a sponsor by downloading our sponsorship form or calling (803) 765-0517.

Volunteers needed for Moot Court competition
The Charleston School of Law is seeking volunteers to serve as judges for the 2013 Charleston School of Law National Moot Court Competition Feb. 8-9. To sign up, click here and enter the password "mootcourt."

South Carolina Law Review symposium
The South Carolina Law Review will present The Practice of Law in the 21st Century: The Intersection of Law & Technology on Friday, March 1, at the USC School of Law. The symposium will focus on issues related to the intersection of, and the resulting gap between, law and technology in recent years. A keynote address by Bill Neukom and cocktail reception will be held Feb. 28. For more information or to register, click

New USCIS features for attorneys
In May 2012, U.S. Citizenship and Immigration Services (USCIS) launched its online electronic immigration system (USCIS ELIS) and made it available to individuals seeking to change or extend their status in the United States. On Jan. 14, 2013, the system was updated to include enhancements to the way attorneys and accredited representatives use USCIS ELIS and interact with their clients in the system. The USCIS Public Engagement Division is hosting a series of webinars in February to give interested parties an opportunity to learn about the new features and ask questions. For more information, 
read this letter or contact

Advance Sheet update
January 30, 2013
The S.C. Court of Appeals held that the master-in-equity erred in allowing the foreclosure action to proceed prior to a jury trial on Gray’s legal counterclaims. Because the bank’s equitable claim and Gray’s legal counterclaims share common questions of fact, Gray's counterclaims must be tried first “absent the most imperative circumstances,” (citing Johnson v. S.C. Nat’l Bank, 292 S.C. 51, 56, 354 S.E.2d 895, 897, (1987)).
Plantation Federal Bank v. Gray, No. 5075, is available

The court affirmed the master’s findings that the USDA benefits were estate property and the statute of limitations did not bar the personal representative’s claim to collect repayment of those benefits. The court held the master erred by applying Section 15-61-25 of the S.C. Code governing partition instead of the probate code’s partition statute and allowing Livingston to retain one-half of the USDA subsidies pursuant to the executor de son tort statute. The court did not address the issue of whether the master erred in concluding that judgments of an heir-at-law affect the ability of a personal representative of an open estate to convey good title to real estate.
Estate of Livingston v. Livingston, No. 5078, is available online

In this property dispute, the court opined that the trial court erred in awarding recovery under a theory of quantum meruit. In addition, Barnes failed to demonstrate either an unambiguous promise, or an injury sustained in reliance upon such a promise, to justify recovery under promissory estoppel.
Barnes v. Johnson, No. 5079, is available online.

Firm announcements
A.J.Z. Law Firm, LLC announces that M. Wade Dowtin has joined the firm and that it has relocated to 1330 Lady St., Ste. 400, Columbia 29201. (803) 400-1918.

Gallivan, White & Boyd, PA announces that Kyle J. White has joined the Greenville office as an associate located at 55 Beattie Place, Ste. 1200, 29601. (864) 271-9580.

Rogers Townsend & Thomas, PC announces that Dane J. Sowinski has joined the Charleston office located at 775 St. Andrews Blvd., 29407. (843) 556-5656.

February 7
Military and Veterans' Law Section Council Meeting, Bar Building

February 8
Elder Law Committee Meeting, Conference Call

February 12
Health Care Law Section Council Meeting, Conference Call

February 15
Ethics Advisory Committee Meeting, Bar Building
Workers' Compensation Section Council Meeting, Conference Call

February 15-16
Board of Governors Meeting, Kiawah Island

February 20
Environment and Natural Resources Section Council Meeting, Conference Call

February 22
Professional Responsibility Committee Meeting, Bar Building

February 23
High School Mock Trial Regional Competitions

March 1
Bar Foundation Board Meeting, Bar Building
Real Estate Practices Section Council Meeting, Conference Call
South Carolina Lawyer Editorial Board Meeting

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