News + Press

September 3, 2013

August 28, 2013

Welcome to the South Carolina Bar's E-Blast! 
September 3, 2013
E-Blast highlights upcoming activities, legal information and links to the Bar's website at
here for the most recent CLE Edition, which highlights upcoming CLE opportunities.

PMAP Practice Pointer
Billing—when done properly—can actually be a great marketing tool. Clients want to see progress being made on their matters, and the invoices they receive are the perfect place to showcase the value of your work. Avoid vague billing descriptions such as “office conference” or “reviewed contract.” Also, list the services you have written off with a “no charge” notation.
Read this article for more tips on how billing can be used as a marketing tool. PMAP offers free advice to law firms; contact

Court appointment contracts working 
The Commission on Indigent Defense has reported on the number of cases March 3 through August 27 taken by contract attorneys and through Rule 608 appointments. The total contract cases for the six month period by contract attorneys was 3006; those went from 334 cases in March to 602 in August. The total 608 appointment cases were 1618; those went from 399 cases in March to 145 in August. The trend of 608 appointments is markedly downward.

Retirement of Judge Pieper
Today, Sept. 3, Judge Daniel F. Pieper announced he will retire from the S.C. Court of Appeals, Seat 7, on or before July 1, 2014. The Judicial Merit Selection Commission will screen the Court of Appeals, Seat 7, in Spring 2014 and announce the application process on Feb. 6, 2014.

Bar Foundation Charleston Gathering brings great support to Lowcountry grantees
Last Wednesday, nearly 150 attorneys entered the Charleston Harbour Club for breakfast and learned about the Bar Foundation’s three Lowcountry grantees: Center for Heirs’ Property Preservation, Crisis Ministries Homeless Justice Project and S.C. Legal Services’ Charleston office. Lawyers Helping Lawyers Assistant Director Beth Padgett also gave attorneys advice on how to manage the stress of the profession. We’d like to give special thanks to Regions Bank, the host committee and the many table sponsors that made this event possible. Gifts from the event are still coming in, so if you could not be with us in Charleston but would like to support the work of these three grantees, you can do so by
making a gift online.

Advance Sheet update
August 28, 2013

This opinion, originally filed May 15, 2013, was withdrawn, substituted and refiled Aug. 28, 2013. In this quantum meruit cause of action, the S.C. Court of Appeals affirmed the decision of the circuit court. The court determined that although there was no meeting of the minds, the circuit court did not err in holding Boykin Contracting, Inc. (BCI) could recover from Kirby on a quantum meruit theory since BCI was still entitled to recover the reasonable value of its labor and materials. The court affirmed the damages award, finding it fair, reasonable and within the circuit court’s discretion. The court also affirmed the award of prejudgment interest because the amount owed to BCI was “capable of being reduced to a sum certain” and the measure of recovery was fixed by conditions existing at the time BCI’s claim arose against Kirby.
Boykin Contracting, Inc. v. Kirby, Op. No. 5133 (S.C. Ct. App. filed August 28, 2013) (Shearouse Adv. Sh. No. 38 at 113), is available

This opinion, originally filed May 22, 2013, was withdrawn, substituted and refiled August 28, 2013. In this appeal of a special referee’s order, the court affirmed, opining the referee did not err in: finding an agency relationship existed between Taylor and 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, Inc. v. Buchanan Volkswagen, Op. No. 5137 (S.C. Ct. App. filed August 28, 2013) (Shearouse Adv. Sh. No. 38 at 123), is available

Smith appealed his convictions for voluntary manslaughter and possession with intent to distribute marijuana, asserting the trial judge erred in denying his motion for a directed verdict because the undisputed evidence showed he shot the victim in self-defense. The court affirmed, finding the State carried its burden to disprove the elements of self-defense beyond a reasonable doubt and the trial judge properly denied Smith’s motion for directed verdict based on self-defense.
State v. Smith, Op. No. 5167 (S.C. Ct. App. filed August 28, 2013) (Shearouse Adv. Sh. No. 38 at 134), is available

The court reversed the grant of summary judgment on the Fronebergers’ causes of action for fraud, negligent misrepresentation, conversion and breach of the S.C. Unfair Trade Practices Act. The court vacated the circuit court’s grant of summary judgment for their claims for negligent hiring and violation of the Consumer Protection Code and remanded the matter to the circuit court for an order identifying the facts and accompanying legal analysis on which it relied in granting Euro’s motion for summary judgment as to these two causes of action. Accordingly, the circuit court’s order was reversed in part, vacated in part and remanded.
Froneberger v. Euro Mortgage Bankers, Op. No. 5168 (S.C. Ct. App. filed August 28, 2013) (Shearouse Adv. Sh. No. 38 at 144), is available
Chief Judge Few dissented in a separate opinion.

Member discipline
By order of
August 28 the Court placed Marshall U. Rogol on interim suspension. Gretchen Gleason was appointed as receiver.

By order of
August 28 the Court placed William E. Whitney Jr. on interim suspension. Gretchen Gleason was appointed as receiver.

Interim suspension lifted
By order of 
September 3 the Court lifted the interim suspension of Sept. 10, 2007, on Charles Wade Cleveland, permitting reinstatement upon a showing of payment of license fees and meeting of continuing legal education requirements.

Firm announcements
The Charlotte School of Law announces its relocation to 201 S. College St., Ste. 400, Charlotte 28244. (704) 971-8500.

Sheally Venus Poe announces the opening of Venus Poe, PA located at 634 B Fairview Rd., Ste. 2, Simpsonville 29680 and 330 E. Coffee St., Greenville 29601. (864) 963-0310.

Willcox, Buyck & Williams, PA announces the relocation of the coastal region office to 2030 Corporate Centre Dr., Ste. 230, Myrtle Beach 29577. (843) 650-6777.

September 9
Administrative and Regulatory Law Committee Meeting, Bar Building
Law Student Involvement Task Force Meeting, Conference Center

September 12
Board of Governors Meeting, Bar Building
Mock Trial Training, Bar Building

September 13
Children's Law Committee Meeting, Conference Center
Elder Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
Trial and Appellate Advocacy Section Council Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Conference Center

September 20
Animal Law Committee Meeting, Bar Building
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

September 21
Mock Trial Skills Workshop, USC School of Law

September 25
Project Citizen Training, Bar Building
Judicial Qualifications Committee Meeting, Bar Building

September 26
Family Law Section Council Meeting, Bar Building
Judicial Qualifications Committee Meeting, Bar Building

September 27
International Law Committee Meeting, Conference Call
Professional Responsibility Committee Meeting, Bar Building
Torts and Insurance Practices Section Council Meeting, Conference Call

October 3
We The People Training, Bar Building

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