June 6, 2013
May 30, 2013
Welcome to the South Carolina Bar's E-Blast!
June 6, 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.
This summer, the Practice Management Assistance Program (PMAP) will host free monthly lunch and learn webinars on current technology topics. The first of these, on Wednesday, June 26, is “iPad for Legal Professionals,” presented by Paul J. Unger. All webinars will begin at noon and are 30 minutes in length. Space is limited, so register now. All you need is a computer with speakers and an Internet connection. If you have questions, contact PMAP Director Courtney Kennaday at email@example.com.
Need references on practice management issues and technology advice for lawyers? We do that! The Practice Management Assistance Program maintains a Lending Library with numerous books and videos on practice management, technology, client relations, billing, marketing and more. You can find a list by subject matter, along with check-out instructions, at www.scbar.org/lendinglibrary.
In case you missed it ...
The June 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 www.scbar.org/barnews. Be sure to check out this issue for news about new Bar President Alice Paylor; Young Lawyers Division and Law Related Education award recipients; CLE opportunities; a special presentation at a local elementary school; and much more. Don't miss it!
July 2013 Bar Exam laptop usage
The Board of Law Examiners will allow a limited number of applicants to use laptops to complete their answers to the essay sections of the July 2013 Bar Examination. Two hundred and forty-five applicants will be randomly selected from those applicants whose completed Request to Participate forms are received by Friday, June 14.
Fourth Circuit Court of Appeals summaries
Members of the South Carolina Law Review have summarized newly published cases from the Fourth Circuit Court of Appeals. The summaries can be found online.
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 firstname.lastname@example.org.
PMAP Tech Tip
A good checklist can really ramp up your productivity and reduce oversights. Evernote makes creating checklists quick and easy. This article from Attorney at Work explains how you can easily create a notebook for “master checklists” to help you zip right through routine tasks such as opening a new client file or drafting a motion. You can even link your notes to your checklist for an even bigger productivity boost! PMAP offers free advice to law firms; contact email@example.com.
Charleston School of Law preparing for fall recruiting season
The Charleston School of Law is scheduling on-campus interviews and collecting resumes for its 2013 fall recruiting season. Fall on-campus interviews will run the week of Aug. 19 through the end of the semester, with the exception of Labor Day and fall break (Oct. 17-18). If you are an employer and are interested in participating, e-mail firstname.lastname@example.org or contact Molly Blatt at (843) 377-1106.
June Bar Foundation grantee activities
Exercise your body and mind to benefit Bar Foundation grantees this month! Stretch your legs in Lowcountry Legal Volunteers’ Attorney Chase 5K Run/Walk, celebrate Father’s Day by participating in the Midlands Fatherhood Coalition’s March for Fathers, or use your legal expertise to help at one of the many legal clinics across the state. Visit the Bar Foundation website for a full list of events that includes dates, locations and persons to contact. If you can’t make it to an event but would still like to support our grantees, make a gift to the Bar Foundation by downloading our donor form or donating online.
Steve Kodman honored
The S.C. House of Representatives honored the late Stephen Kodman Sr., a former solicitor in Aiken, on May 29. Sen. Tom Young presented a House Resolution to Mrs. Kodman and her sons; Attorney General Alan Wilson, Sen. Greg Hembree, Solicitors Jimmy Richardson, David Stumbo and Strom Thurmond Jr. and members of the Second Circuit Solicitor's office staff were present.
Advance Sheet update
June 5, 2013
In deciding an issue of first impression in this state, the S.C. Supreme Court determined that punitive damages cannot be awarded under the family purpose doctrine. The Court acknowledged that the “doctrine’s reliance on agency principles is somewhat of a legal fiction which cannot logically be extended to allow recovery of punitive damages.” As a result, the Court reversed the award of punitive damages. The Court affirmed on all remaining issues, finding the circuit court did not err in: failing to dismiss the case against the father when the son was no longer a party to the action; failing to direct a verdict in favor of the father; or denying the father’s motions for a new trial based on the defective verdict form and prejudicial statements made by Gause and his attorney.
Gause v. Smithers, Op. No. 27261 (S.C. Sup. Ct. filed June 5, 2013) (Shearouse Adv. Sh. No. 25 at 14), is available online.
Chief Justice Toal and Justice Kittredge dissented in separate opinions.
In this appeal arising out of a real estate transaction, the S.C. Court of Appeals affirmed the circuit court’s grant of Bufkin’s summary judgment motion. The court found Bufkin was acting as an attorney at the closing; therefore, pursuant to Section 15-36-100(B) of the S.C. Code, H&H should have filed an affidavit of an expert witness specifying Bufkin’s particular negligent acts or omissions. The court reversed and remanded the circuit court’s grant of Old Republic’s summary judgment motion, finding a genuine issue of fact exists as to whether there was an oral contract.
H&H of Johnston, LLC v. Old Republic Nat’l Title Ins. Co., Op. No. 5139 (S.C. Ct. App. filed June 5, 2013) (Shearouse Adv. Sh. No. 25 at 46), is available online.
Chief Judge Few concurred in part and dissented in part in a separate opinion.
In this mortgage foreclosure action, the court held the master correctly granted Bank of America’s motion for summary judgment in regard to the issue of standing and the issue of the original note. However, because the appellants raised an issue of material fact as to the amount due to Bank of America, the master’s decision was affirmed in part, reversed in part and remanded.
Bank of America v. Draper, Op. No. 5140 (S.C. Ct. App. filed June 5, 2013) (Shearouse Adv. Sh. No. 25 at 53), is available online.
Discipline of a non-Bar member
By order of June 5 the Court imposed discipline on Christopher John Van Son (not a Bar member). Van Son, whose license is currently suspended in California, is barred from admission before the courts of South Carolina and from advertising or soliciting clients in South Carolina until five years after he has become a member in good standing of the State Bar of California. Other conditions were also ordered.
Michael Cullinan announces that he has accepted an appointment with the Department of State Foreign Service in Washington, DC, starting July 15, that Michael Cullinan, LLC will no longer be accepting new cases effective June 14, and that he can be reached at email@example.com.
Gordon & Rees, LLP announces that Peter Siachos has joined the New Jersey office as a partner located at 18 Columbia Turnpike, Florham Park 07932. (973) 549-2500.
Jenny Horne Law Firm, LLC announces that Janet T. Butcher has joined the firm and that Alan Guffy has become an associate located at 107 S. Main St., Summerville 29483. (843) 873-1721.
Lazenby Law Firm, LLC announces that Ginger D. Goforth has joined the firm as a partner located at 340 E. Main St., Ste. 240, Spartanburg 29302. (864) 804-5050.
Jane H. Merrill announces the opening of Hawthorne Merrill Law, LLC located at 410 Main St., Greenwood 29646. (864) 229-1010.
O'Neill Law Firm, LLC announces its relocation to 1473 Stuart Engals Blvd., Mt. Pleasant 29464. (843) 884-9494.
Parise Law Firm, PA announces that Kristina Parise has joined the firm as an associate located at 1722 Main St., Ste. 300, Columbia 29202. (803) 252-8722.
Richardson Plowden & Robinson, PA announces that William B. “Bill” Woods has joined the Columbia office as special counsel located at 1900 Barnwell St., 29201. (803) 771-4400.
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
South Carolina Lawyer Editorial Board Meeting, Conference Center
Project Citizen Training, Bar Building
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.