June 20, 2013
June 17, 2013
Welcome to the South Carolina Bar's E-Blast!
June 20, 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.
Free technology webinars
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 firstname.lastname@example.org.
PMAP Tech Tip
A watermark is a faded background image that appears behind the text in a document. It’s a handy way to indicate the document’s status (confidential, draft, etc.) or to add a law firm logo. Adding a watermark to a Word document is simple: in Word 2013, click the "design" tab in the ribbon, choose "page background," select the "watermark" button and pick your style (confidential, draft, etc.). In Word 2010, the watermark tool is located in the "page layout" tab in the ribbon. PMAP offers free advice to law firms; contact email@example.com.
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.
[VIDEO] A closer look at two Bar Foundation grantees
The Foundation is pleased to support many organizations including the Center for Heirs’ Property Preservation and Charleston Pro Bono Legal Services. Learn more about the life changing impact provided through Bar Foundation support in the Foundation’s newest video. Help us help them by downloading our donor form or making a gift online.
Advance Sheet update
June 19, 2013
In this case arising out of South Carolina and concerning the Driver’s Privacy Protection Act (DPPA), the U.S. Supreme Court held that sending communications for the predominant purpose of solicitation is not a use of personal information exempt from DPPA liability under the (b)(4) litigation exception. Accordingly, the judgment of the Court of Appeals was vacated and the case was remanded for further proceedings consistent with the opinion.
Maracich v. Spears, 570 U.S. __ (2013), is available online.
Justice Ginsburg filed a dissenting opinion, in which Justice Scalia, Justice Sotomayor and Justice Kagan joined.
The S.C. Supreme Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals, which considered the novel question of whether a defendant’s probation for a criminal offense should be tolled during his civil commitment pursuant to the Sexual Violent Predator (SVP) Act. The Court reversed the Court of Appeals’ decision, which upheld the tolling of Miller’s probation, finding it inconsistent to treat those under civil commitment in the SVP program differently from those in other civil commitment programs, which traditionally do not give rise to tolling. The Court opined that the decision to carve out a categorical exception for those committed in the SVP program, as opposed to other forms of civil commitment, is a matter best left to the General Assembly.
State v. Miller, Op. No. 27271 (S.C. Sup. Ct. filed June 19, 2013) (Shearouse Adv. Sh. No. 27 at 15), is available online.
Justice Pleicones concurred in result only.
On appeal from the post-conviction relief court (PCR), the Court found plea counsel’s failure to advise Taylor of the recidivist consequences of his guilty plea did not constitute the ineffective assistance of counsel because Taylor failed to demonstrate he was prejudiced by counsel’s deficient performance. The Court also affirmed the PCR court’s finding that, in light of the circumstances, counsel conducted a reasonable investigation into the criminal sexual conduct charge.
Taylor v. State, Op. No. 27272 (S.C. Sup. Ct. filed June 19, 2013) (Shearouse Adv. Sh. No. 27 at 23), is available online.
Justice Pleicones and Justice Beatty concurred in result only.
In its original jurisdiction, the Court held that modifying a loan does not constitute the unauthorized practice of law because, although the process touches on legal matters, public policy does not necessitate attorney supervision.
Crawford v. Central Mortgage Co., Op. No. 27273 (S.C. Sup. Ct. filed June 19, 2013) (Shearouse Adv. Sh. No. 27 at 36), is available online.
Justice Pleicones concurred in result only.
The S.C. Court of Appeals affirmed the Workers’ Compensation Commission’s Appellate Panel’s order finding: Hamilton’s employer terminated temporary total disability benefits in compliance with the statutory requirements; she had reached maximum medical improvement (MMI); she received the necessary medical treatment to lessen her period of disability; she was not a credible witness; and the amount of the award for permanent partial disability to her arm was appropriate.
Hamilton v. Martin Color-Fi, Inc., Op. No. 5144 (S.C. Ct. App. filed June 19, 2013) (Shearouse Adv. Sh. No. 27 at 44), is available online.
By order of June 7 the Court reinstated Nina Gunther Kilbride as a Regular Member.
Jenny L. Barwick announces the opening of Jenny L. Barwick, Attorney at Law, PA located at 650 E. Washington St., Greenville 29601. (864) 546-7601.
Hull Barrett, PC announces that Michael E. Fowler Jr. has become a shareholder in the firm located at 7004 Evans Town Center Blvd., Third Floor, Evans, GA 30809. (706) 722-4481.
Lawrence, Lonon & Rudasill, LLC announces that Wendy N. Griffith has joined the firm as an associate and Jennifer R. Olmert has joined the firm as of counsel located at 134 Oakland Ave., Spartanburg 29302. (864) 327-1674.
Ethics Advisory Committee Meeting, Bar Building
Construction Law Section Council Meeting, Conference Call
Animal Law Committee Meeting, Conference Call
South Carolina Lawyer Editorial Board Meeting, Conference Center
Project Citizen Training, Bar Building
Diversity in the Bar Task Force Meeting, Conference Call
Board of Governors Meeting, Conference Call
We the People: The Citizen and the Constitution Training, Bar Building
Task Force on Lawyers in Transition 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.