April 16, 2013
April 12, 2013
Welcome to the South Carolina Bar's E-Blast!
April 16, 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.
Ethics Advisory Opinion issued
The Ethics Advisory Committee has issued a new opinion. The text of all opinions is available online.
13-04 When a third party wants to retain an attorney to represent a client in a legal matter, the ownership of the funds in the attorney’s trust account must be determined by and between the payor and client; the attorney must not arbitrate disputed funds. Also, the attorney must not allow the third-party payor to direct the representation of the client. The attorney is obligated to tell the client that a third party has paid for all the legal expenses and keep the client informed as to the amount and status of those funds.
Court order posted
By order of April 12, Conditional Orders of Dismissal and Final Orders in Post-Conviction Relief Matters are subject to the procedures listed here.
Deadline approaching for comments
The Legal Opinion Ad Hoc Committee of the S.C. Bar Corporate, Banking and Securities Law Section is seeking comments on its exposure draft of the S.C. Third Party Legal Opinion Report. Please forward comments to Jennifer C. Blumenthal at email@example.com or Tara Caine at firstname.lastname@example.org before April 30, 2013.
PMAP–Your guide to …
Wi-fi security. We all know not to connect to an unknown wireless network with our iPads, smartphones and tablets, but what if your device does it without your knowledge? Pen testers (experts who test computer security) and bad guys alike can use an inexpensive device called the Pineapple Mark IV to trick your device into thinking it’s a known wi-fi network so it connects automatically. Once connected, anything you do on your device is vulnerable. The only sure way to avoid this situation is to use a cellular connection to the Internet instead of wi-fi–something to consider when you purchase your next tablet. PMAP offers free advice to law firms; contact email@example.com.
S.C. Bar Foundation accepting Ronnie M. Cole CLE Scholarship applications
The Bar Foundation is accepting applications for scholarships from the Ronnie M. Cole CLE Scholarship Fund, which provides scholarships to lawyers who need help with the cost of the required continuing legal education seminars. The scholarships will be used to attend a qualifying course offered by the S.C. Bar CLE Division. Any member of the S.C. Bar in good standing is eligible for a scholarship provided he or she can show sufficient financial need. Applicants should note that the scholarship committee will give preference to attorneys who practice with Bar Foundation grantees, past or present. A rolling application for the current round is being tested: applications for seminars held April 24-30 are due April 22; applications for May seminars are due May 6; and applications for June seminars are due June 3. Download the application online, or call (803) 765-0517 with questions.
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 firstname.lastname@example.org.
Advance Sheet update
April 10, 2013
The S.C. Court of Appeals held that the writings and testimony presented were inadequate to establish an equitable mortgage. Moreover, the Repurchase Memorandum was written long after the second conveyance, which the court found was a strong indicator that, at the time of execution, the conveyances were not intended to be an equitable mortgage. Accordingly, the court reversed the referee’s order, finding Brooks had successfully disproved the respondent’s prima facie showing.
Walker v. Brooks, No. 5112, is available online.
The court found sufficient evidence to support the master’s finding that Owens did not show good cause for failing to answer a complaint. The court therefore held that the master did not abuse his discretion in refusing to grant Owens relief under Rule 55(c), SCRCP. Although the master relied on vacated opinion Pilgrim v. Miller, 350 S.C. 637, 567 S.E.2d 529 (Ct. App. 2002), the court determined that his reliance did not justify a reversal because the proposition for which Pilgrim stands was not overturned by the S.C. Supreme Court and remains the law of this state.
Regions Bank v. Owens, No. 5113, is available online.
The court affirmed the trial court’s denial of Blakely’s motion to quash the indictment for accessory after the fact to a felony because there was not sufficient evidence, nor a presumption, of prosecutorial vindictiveness. The court held that the ABA’s standards involving joinder and severance cases, which would prohibit prosecution in the instant matter, are not controlling nor dispositive and do not create a due process right. Further, the court determined that the prosecution took two different legal theories, not two inconsistent positions, in the separate criminal proceedings against Blakely; thus there was no violation of her due process rights.
State v. Blakely, No. 5114, is available online.
Rusty Infinger announces the opening of Rusty Infinger Attorney at Law, LLC located at 108 Mills Ave., Greenville 29605. (864) 372-3003.
Knight Law Firm, LLC announces that J. Matthew Johnson has joined the firm as an associate located at 207 E. Third North St., Summerville 29484. (843) 821-9700.
Nexsen Pruet, LLC announces that Tim St. Clair has joined the Greenville office as a member located at 55 E. Camperdown Way, Ste. 400, 29601. (864) 370-2211.
The Pinilla Law Firm, LLC announces its relocation to 111 Executive Pointe Blvd., Ste. B, Columbia 29210. (803) 728-0045.
Santee Cooper announces that Jennifer Robinson has joined the agency located at 1201 Main St., Ste. 1710, Columbia 29201. (803) 771-8939.
The S.C. Environmental Law Project announces that Jessie White has joined the office as staff attorney located at 430 Highmarket St., Georgetown 29440. (843) 527-0078.
Wilkins & Bouton, LLC announces its relocation to 1 McDaniel Greene, Greenville 29601. (864) 312-3901.
Law Related Education Mock Trial Evaluation Meeting, Bar Building
Board of Governors Meeting, Bar Building
Family Law Section Council Meeting, Conference Call
Ethics Advisory Committee Meeting, Bar Building
Law Related Education Mock Trial Subcommittee Meeting, Conference Center
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Employment and Labor Law Section Nominating Committee Meeting, Conference Call
Alternative Dispute Resolution Commission Meeting, Mike Kelly Law Group (Columbia)
Law Related Education Committee Meeting, Rogers Townsend & Thomas (Columbia)
Professional Responsibility Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
S.C. Bar Leadership Academy Meeting, Charleston
Health Care Law Section Seminar, Conference Center
Elder Law Committee Meeting, Bar Building
Board of Governors Meeting, Dunes Club, Sullivans Island
House of Delegates Meeting, Dunes Club, Sullivans Island
Swearing-In of New Officers, Dunes Club, Sullivans Island
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.