May 28, 2013
May 23, 2013
Welcome to the South Carolina Bar's E-Blast!
May 28, 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.
Summer E-Blast schedule
Beginning next week, the regular edition of E-Blast will be distributed on Thursdays only. Continue to look for the CLE edition every Wednesday.
Ethics Advisory Opinion issued
The Ethics Advisory Committee has issued a new opinion. The text of all opinions is available online.
13-05 An attorney may participate in a rotation-based, call-in advertising service, provided the advertisements and relationship with the company are carefully structured to comply with Rules 7.1, 7.2, 7.4 and 7.5. Advertisements must include the name and office address of a responsible S.C. attorney and, in order to avoid misleading the public, should state that the advertising company is not acting as a referral service and not performing any screening function, but merely serving as an agent of the advertising lawyers. The advertisement must also avoid misleading the public with labels such as “Legal Helpline” or “Injury Hotline” that, combined with a toll-free number, might imply a bar or other governmental or charity affiliation. Finally, the advertisement may not falsely imply a practice affiliation among the advertising lawyers.
Applications for specialization certification
The Commission on CLE and Specialization is accepting 2013 applications for specialization certification through May 31. Specialization may be acquired in the following fields of practice: bankruptcy and debtor-creditor law; employment and labor law; estate planning and probate law; and taxation law. Applications for certification can be found on the Commission’s website. Questions should be directed to the Commission at (803) 799-5578 or firstname.lastname@example.org.
Horry County special referee
By order of May 23, Ralph P. Stroman was appointed as special referee for Horry County to hear default foreclosures and perform such administrative duties as may be delegated to him by the Master-in-Equity for Horry County.
See what happened last week in the Weekly Legislative Report! Updates are posted every Monday throughout the legislative session. For questions regarding pending legislation, contact Catherine Scarlett at email@example.com.
PMAP Practice Pointer
With hurricane season right around the corner, Gov. Haley proclaimed this week Hurricane Awareness Week in South Carolina. The National Hurricane Center is predicting a busy hurricane season, so it’s important to review and update your firm’s disaster plan. Don’t currently have a disaster plan for your firm? Visit the Bar’s Disaster Preparedness page for resources and articles to help create one. Plus, request a copy of Prepare, the Bar’s guide to disaster preparedness, by e-mailing firstname.lastname@example.org (be sure to include your mailing address). PMAP offers free advice to law firms; contact email@example.com.
Cole Scholarship applications due June 3
Applications for scholarships from the Ronnie M. Cole CLE Scholarship Fund for June CLE seminars are due June 3. The scholarships are awarded to lawyers who need help with the cost of 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 to apply provided he or she can show sufficient financial need; preference is given to Bar Foundation grantees past or present. Download the application or call (803) 765-0517 with questions.
Advance Sheet update
May 22, 2013
This opinion, originally filed Feb. 20, 2013, was withdrawn, substituted and refiled May 22, 2013. In this appeal of a murder conviction, the trial court did not abuse its discretion in refusing to allow Taylor to cross-examine Wilder. The S.C. Court of Appeals found the probative value of the information Taylor sought to elicit from Wilder did not justify making the solicitor take the stand to testify about his reasons for dismissing Wilder’s pending charges. The court also affirmed the trial court’s admission of a SLED ballistics report documenting the link between Taylor’s pistol and the cartridge casings found at the crime scene. The report did not constitute impermissible bolstering of the examiner’s trial testimony because the report was relevant only to her testimony and did not vouch for her credibility. Instead, the report was a written representation of the findings on which the examiner’s opinions and testimony were based.
State v. Taylor, No. 5084, is available online.
In this slip and fall action, the court determined Piggly Wiggly did not breach its duty to provide reasonably safe premises. Richardson’s testimony conclusively showed she slipped on the ground outside of the store and that she knew it was raining and that the sidewalk was uncovered. Viewed in a light most favorable to Richardson, the court found she presented no evidence that Piggly Wiggly was negligent.
Richardson v. Piggly Wiggly, No. 5134, is available online.
In this appeal of a master-in-equity’s order, the court reversed the master’s findings that EnviroFix terminated the license agreement and was therefore not liable for the monthly license fees for the balance of the six-year term. The court, however, remanded this matter to the master to determine: the merit of any alternative defenses that EnviroFix asserted at trial; the damages, if any, to which MicroClean is entitled for breach of the license agreement; which party is entitled to possession of the BioTowers; and any damages to which MicroClean is entitled on its claim and delivery action. The court affirmed the damages award to EnviroFix on its breach of contract counterclaim and directed the judgment be an offset to any damages awarded to MicroClean. Finally, the court held that the judgment of $11,690 awarded to MicroClean for EnviroFix’s breach of the equipment schedule is a final determination.
MicroClean Tech. v. EnviroFix, No. 5135, is available online.
In this unemployment dispute, the court vacated the department’s finding that AnMed’s decision requiring Crowe to get a flu shot was unreasonable. The court opined the finding was clearly erroneous and affected a substantial right of AnMed to determine how to protect its patients from life-threatening illnesses such as influenza. The court, however, affirmed the department’s decision that Crowe is not disqualified from receiving unemployment benefits since substantial evidence exists to support the department’s determination that her refusal to comply with the policy was reasonable under her unique circumstances.
AnMed Health v. S.C. Dept. of Employment and Workforce, No. 5136, is available online.
In this appeal of a special referee’s order, the court affirmed, finding the referee did not err in: concluding Taylor was an exclusive agent of Buchanan Volkswagen (BVW); declining to apportion liability to Ritter based upon Ritter’s negligent business practices in dealing with Taylor; concluding Ritter presented adequate evidence that Ritter had not received payment for the 20 cars that form the basis for Ritter’s damages; or holding that the S.C. Motor Vehicle Dealer’s Act was inapplicable to Ritter and BVW’s business dealings. The court declined to address Ritter’s arguments relating to the special referee’s treatment of BVW’s counterclaims because Ritter was not aggrieved by the special referee’s order with regard to those rulings.
Ritter and Associates v. Buchanan Volkswagen, No. 5137, is available online.
Keven Kurtis Kenison, 49, of Greenville died May 23. His obituary can be found here.
Peter F. Them II, 67, of Pickens died Nov. 21, 2012. His obituary can be found here.
The Acker Firm, PA announces it is now The Acker & Lambert Firm, PA and remains located at 859 Pendleton St., Pickens 29671. (864) 878-1184.
Babb Law Firm, LLC announces that C. Hope Grant and Thomas Rode have joined the firm located at 148 1/2 E. Bay St., Charleston 29401. (843) 406-7737.
Employment and Labor Law Section Immigration Law Committee Meeting, Conference Call
Practice and Procedure Committee Meeting, Bar Building
Health Care Law Section Council Meeting, Conference Call
Elder Law Committee Meeting, Conference Call
S.C. Supreme Court Institute, Columbia
Ethics Advisory Committee Meeting, Bar Building
Animal Law Committee Meeting, Conference Call
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.