March 5, 2013
March 01, 2013
Welcome to the South Carolina Bar's E-Blast!
March 5, 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.
Sam Konduros featured in "Proud to be a South Carolina Lawyer" video series
Greenville attorney and businessman Sam Konduros is the latest to be featured in the "Proud to be a South Carolina Lawyer" video series. Click here to hear his unique perspective on how legal education has impacted his role in the business arena. Watch the videos on Facebook each week, and "like" and "share" them to help spread the word about the value S.C. lawyers bring to their communities and shed light on misconceptions about the legal profession.
Public hearings scheduled for judicial candidates
The Judicial Merit Selection Commission has scheduled public hearings beginning Monday, April 15, at 9 a.m. for the candidates for judicial positions listed on this media release. Persons desiring to testify at public hearings should furnish written notarized statements of proposed testimony by noon on Monday, April 1, to the Judicial Merit Selection Commission, Jane O. Shuler, 104 Gressette Bldg., P.O. Box 142, Columbia 29202.
Charleston Law Review Symposium
Hon. Sandra Day O’Connor, Associate Justice of the U.S. Supreme Court (ret.), will be the keynote speaker for the 2013 Law and Society Symposium, co-sponsored by the Charleston Law Review and the Riley Institute. This year's symposium is “In Search of A ‘Grand Unified Theory’: 30 Years with the Endorsement Test,” and will be held Monday, April 15, at the Charleston Music Hall. Register by March 15 for discounted tuition. Registration and more information is available online.
Ethics Advisory Opinion issued
The Ethics Advisory Committee has issued a new opinion. The text of all opinions is available here.
13-02 Where there is no contractual commitment to pay an investigator, the Rules of Professional Conduct do not impose any ethical requirement that counsel supplement CID payments.
S.C. Department of Revenue reminds taxpayers of new office location
Whether picking up tax forms or meeting with a representative, the Department of Revenue reminds taxpayers to visit the agency's new main office location at 300A Outlet Pointe Blvd. in Columbia (previously located in at 301 Gervais St.). With additional Taxpayer Assistance Offices in Charleston, Florence, Greenville, Myrtle Beach and Rock Hill, DOR personnel are ready to assist individuals Monday through Friday from 8:30 a.m. to 5 p.m. To find the nearest Taxpayer Assistance Office in your area, contact DOR at (803) 898-5000 or visit www.sctax.org.
See what happened last week in the Weekly Legislative Report! Updates will be posted every Monday throughout the legislative session. For questions regarding pending legislation, contact Catherine Scarlett at email@example.com.
PMAP–Your guide to …
Staying out of trouble. Trust account problems are one of the top reasons lawyers are disciplined. A recent article titled Tips for Handling Client Funds by Mark Bassingthwaighte, a risk manager with ALPS, contains great tips for any lawyer who has a client trust account. Although this list does not include South Carolina-specific rules regarding trust accounts, it offers good advice on practices that will help you keep on top of trust accounts and out of trouble. S.C. Bar members should also review the guide Trust Accounting and Financial Recordkeeping in South Carolina. PMAP is free practice management advice for Bar members. For more information, call (803) 799-6653, ext. 183 or e-mail firstname.lastname@example.org.
March Bar Foundation grantee activities
Not only does this month include Gala 2013, but many other events hosted by our grantees as well. Learn about the work of the Center for Heirs’ Property Preservation at its annual fundraiser, see high school students from across the state show off their knowledge of the law at the S.C. Bar High School Mock Trial State Competition, visit the Vista for Richland County CASA St. Patty’s Day Recruitment or attend one of many clinics that offer information on various legal issues. Visit our website for a full list of events, dates, locations and persons to contact. Help continue to make these events possible by giving to the Foundation today.
Advance Sheet update
February 27, 2013
This opinion, originally filed Jan. 16, 2013, was withdrawn, substituted and refiled on Feb. 27, 2013. The S.C. Court of Appeals affirmed the circuit court’s grant of summary judgment to Anderson County (County) as to Cunningham’s causes of action for breach of contract and violation of the Payment of Wages Act, finding the contract between Cunningham and County void. The court reversed the circuit court’s grant of summary judgment to County as to Cunningham’s cause of action for wrongful discharge, finding the circuit court erred in concluding that Cunningham was precluded from asserting a wrongful discharge claim based on the public policy exception to the at-will employment doctrine. The court remanded to the circuit court to allow the parties to engage in further discovery.
Cunningham v. Anderson Cnty., No. 5072, is available online.
The Charleston County assessor appealed the administrative law court’s (ALC) order valuing, for the 2008 tax year, a piece of property containing 121 individual units. The ALC erred in determining the highest and best use of the units on Dec. 31, 2003, the operative date for the last countywide reassessment, instead of Dec. 31, 2007. Further, because the ALC did not rule on whether the holding in Lindsey v. S.C. Tax Commission, 302 S.C. 504, 397 S.E.2d 95 (1990), applied to the facts of this case, that case doctrine does not apply. The case was remanded so that the ALC could address the parties' remaining arguments regarding valuation of the units.
Charleston Cnty. Assesor v. LMP Props., Inc., No. 5086, is available online.
Chief Judge Few concurred in a separate opinion. Judge Pieper dissented in a separate opinion.
In this tort action involving the placement of minor children by the S.C. Department of Social Services (DSS), the court reversed. Finding no evidence in the record indicating DSS failed to exercise slight care in investigating the Basses’ case, the court held the trial court erred in denying DSS’s motion for a JNOV on the Basses’ gross negligence cause of action. Based on its determination that DSS was not grossly negligent, the court held DSS’s conduct was not reckless as a matter of law. Accordingly, the trial court also erred in denying DSS’s motion for a JNOV on the Basses’ intentional infliction of emotional distress claim. DSS further alleged the trial court erred in denying its JNOV motion since the Basses voluntarily participated in the placement of their children. However, the court declined to address this issue, finding it was not preserved for review.
Bass v. SCDSS, No. 5093, is available online.
In this action alleging a violation of the S.C. Unfair Labor Practice Act, the court held the special referee erred in substituting Long’s two corporations in place of Long. Because an officer or controlling person in a corporation may be held individually liable for a corporation’s acts, Neeltec is allowed to assert a claim against Long individually.
Neeltec Enter., Inc. v. Long, No. 5094, is available online.
Animal Law Committee Meeting, Conference Call
Elder Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
High School Mock Trial State Competition, Lexington
Senior Lawyers Division Retreat, Charleston
Government Law Section Council Meeting, Conference Call
Employment and Labor Law Section Council Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
Tax Law Section Council Meeting, Conference Call
Corporate, Banking and Securities Law Section Council Meeting, Conference Call
Bar Foundation Board Meeting, Bar Building
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Project Citizen Training, Bar Building
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Bar Building
Lawyers' Fund for Client Protection Meeting, Conference Call
Street Law Training, Bar Building
Bar Foundation Gala, Columbia Marriott
Professional Responsibility Committee Meeting, Bar Building
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.