August 1, 2013
July 25, 2013
Welcome to the South Carolina Bar's E-Blast!
August 1, 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.
LRE's Mock Trial named Best Volunteer Program
The S.C. Bar LRE Division’s Mock Trial Program won Best Volunteer Program from PR Daily’s 2013 Nonprofit PR Awards. LRE thanks all of the volunteers who help make the Mock Trial Program a success. Read the special release online.
PMAP Tech Tip
Are you using Gmail? If the e-mail account you have on file with the Attorney Information System (AIS) is a Gmail account, you may miss out on important e-mails from the Bar and others. Due to changes to Gmail, some e-mail is now categorized as “promotions.” To ensure this doesn’t happen, you have two options: either switch back to the traditional Gmail inbox or change your settings to make sure Gmail always puts messages from the Bar in your "Primary" tab. Head over to the S.C. Small Firm Blog for simple instructions on how to do this. Contact PMAP for free assistance with your law practice at firstname.lastname@example.org.
YLD Backpack Drive underway
The YLD Backpack Drive Committee is collecting school supplies for donation to schools and students throughout the state. Supplies are being collected through Aug. 14 in Aiken, Bamberg, Barnwell, Charleston, Columbia, Greenville and Rock Hill. Take advantage of the upcoming tax-free weekend to purchase items; the list of drop-off locations and needed supplies can be found online.
Preparing for Violence in the Workplace: A seminar for lawyers and other professionals
In recent years, a number of attorneys nationwide—some in South Carolina—were murdered for reasons related to their profession, and others have been victims of violence or threats. Knowing how to respond to the real possibility of workplace violence is a necessity. Join your colleagues for a free live webcast, produced by the State Bar of Arizona, on Aug. 20, from 3 to 4:15 p.m., to promote personal safety and create a safer work environment. Although this seminar offers no MCLE credit, you and your colleagues will benefit from instruction by seasoned police officers, lawyers and a psychologist specializing in situational awareness.
Registration for the program is available online. Click the green “register now” button in the upper right-hand corner and choose “free checkout” on the next page. Log in to InReach (or create a free account) to complete registration.
On the website
The Lawyer-to-Lawyer Directory has been updated! Participating lawyers listed in the directory provide brief telephone consultations (up to 10 minutes) at no charge to other Bar members on specific areas of law. The directory is meant to encourage and facilitate appropriate lawyer-to-lawyer consultations, referrals and associations. It is not intended as a referral guide for the public. To access the Lawyer-to-Lawyer Directory, please visit www.scbar.org/L2L.
Amendments to Appendix C to Part IV, SCACR
The S.C. Supreme Court approved amendments submitted by the Commission on CLE and Specialization to Appendix C to Part IV, SCACR, to specifically permit programs focusing on the elimination of bias in the legal profession to qualify for legal ethics/professional responsibility credit. Additionally, Appendix C was amended to reflect a number of prior amendments to several S.C. Appellate Court rules, which took effect Jan. 1, 2013. View the complete order online.
Ethics Advisory Opinion issued
The Ethics Advisory Committee has issued a new opinion. The text of all opinions is available online.
13-06 A government attorney may defend her agency or command as to furlough-related complaints, provided she reasonably believes she will be able to provide competent and diligent representation to her employer-client as required under Rule 1.7(b)(1). However, it will likely be unreasonable for the attorney to believe she can provide competent and diligent representation to the agency in furlough-related matters while actively challenging the agency regarding her own furlough.
S.C. Judicial Department website recognized as 2013 Top 10 Court Website
The Forum on the Advancement of Court Technology announced that www.sccourts.org is among this year’s winners of the Top 10 Court Websites Award. The annual award honors courts that work hard to extend and expand access to public records, court services and information online.
Court form changes
By order of July 25, the Judicial Department has revised the following forms: SCCA 223A, Order for Destruction of Arrest Records and SCCA 102, Petition for an Order Allowing for Disposition of the Physical Evidence or Biological Material.
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.
Back to school with Bar Foundation grantees
The first day of school is right around the corner! Join the Center for Fathers and Families for a back-to-school cookout, show off your skeet-shooting skills at Richland County CASA’s Pull 4 Kids Skeet and Trap Shoot, or start the school year off right by connecting with the Law Related Education Division’s Community Works Training. View the full list of events for dates, locations and persons to contact. Help us help them by downloading our donor form or making a gift online.
Advance Sheet update
July 31, 2013
Kelly filed a notice of appeal relying on the holding in Martinez v. Ryan that “a procedural default will not bar a federal habeas court from hearing a substantial claim of ineffective assistance [of counsel] at trial if, in the initial-review collateral proceeding, there was no counsel or counsel in that proceeding was ineffective.” 132 S. Ct. 1309, 1320 (2012). The S.C. Supreme Court dismissed his notice of appeal, finding that Martinez is limited to federal habeas corpus review and is not applicable to state post-conviction relief actions.
Kelly v. State, 2013-06-20-01 (S.C. Sup. Ct. dated June 20, 2013), is available online.
This opinion, originally filed May 29, 2013, was withdrawn, substituted and refiled July 31, 2013. In this foreclosure dispute, the S.C. Court of Appeals affirmed the master’s findings that Chase Home Finance, LLC was not entitled to an equitable lien, recovery under the theory of unjust enrichment or any other form of equitable relief.
Chase Home Finance, LLC v. Risher, Op. No. 5138 (S.C. Ct. App. filed July 31, 2013) (Shearouse Adv. Sh. No. 34 at 52), is available online.
Jeffrey Allen Barnwell, 46, of Charleston died July 23. His obituary can be found here.
By order of July 26 the Court reinstated David Belser as a Regular Member.
By order of July 31 the Court imposed a three-year definite suspension on James Michael Brown (retroactive to April 13, 2011) for misconduct including commission of a criminal act reflecting adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.
By order of July 31 the Court disbarred Gary D. James Sr. for misconduct including mishandling clients’ property and making a false statement of a material fact to a third person.
By order of July 31 the Court disbarred M. Scott Taylor (retroactive to Feb. 8, 2013) for misconduct including making a false statement of a material fact and failing to act with reasonable diligence and promptness.
Buyck and Sanders, LLC announces that Chilton Grace Simmons has joined the firm and that it is now Buyck, Sanders & Simmons, LLC located at 757 Johnnie Dodds Blvd., Ste. 100, Mt. Pleasant 29465. (843) 377-1400.
Megan Goodwin announces the opening of Megan Elizabeth, LLC located at 5409 Augusta Rd., Greenville 29605. (864) 270-9582.
Nexsen Pruet, LLC announces that Rhonda R. Tapley has joined the Charleston office as special counsel located at 205 King St., Ste. 400, 29401. (843) 577-9440.
Pope Zeigler, LLC announces that Larry Flynn has joined the Spartanburg office located at 421 Marion Ave., 29306. (864) 641-4898.
Young Clement Rivers, LLP announces that David J. Crowfoot, J. Abraham Gutting and William O. Sweeny IV have joined the Charleston office as associates located at 25 Calhoun St., Ste. 400, 29401. (843) 577-4000.
Animal Law Committee Meeting, Conference Call
Practice and Procedure Committee Meeting, Bar Building
Senior Lawyers Division Executive Council Meeting, Bar Building
CLE Seminars Committee Meeting, Conference Center
Employment and Labor Law Section Council Meeting, Conference Call
Environment and Natural Resources Section Council Meeting, Conference Call
Annual Meeting of Chairs, Embassy Suites (Columbia)
Memory Hold the Door Committee Meeting, Bar Building
Construction Law Section Council Meeting, Conference Call
Corporate, Banking and Securities Law Section Council Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
Tax Law Section Council Meeting, Conference Call
Government Law Section Council Meeting, Conference Call
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.