September 12, 2013
September 10, 2013
Welcome to the South Carolina Bar's E-Blast!
September 12, 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.
Board of Governors meets
The Board of Governors met today in Columbia.
The Board approved a special YLD registration option for the 2014 Bar Convention.
Recommendations for the composition of the Law Student Affiliates Council and Law Student Affiliates benefits were approved.
The Board adopted criteria for the publication of preferred professional liability insurance providers.
The following were nominated for reappointment to the Commission on Indigent Defense: Jim Bannister, Yvonne Murray-Boyles, John Nichols, Ashlin Potterfield and Walker Wilcox.
The Board approved a request to enter an agreement with a national network for the development and sales of banner advertising on the Bar website.
Approved was the option for members to opt-out of receiving the print version of South Carolina Lawyer. Those members would access the digital version of the magazine, which is available to all members at www.scbar.org/sclawyer. The option will appear on members' license fee statements.
The Board approved a request to amend the existing UPS member benefit, which will offer increased discounts for Bar members.
The Board approved a recommendation to sunset the Lawyer Image and Member Involvement task forces and created a task force on unbundling of legal services and ghostwriting, and a computer research review committee.
The Board received reports from task forces and the Bar Foundation, the awards received by the Young Lawyers Division, and the independent audit. The Board also received reports on the Bar's information technology assessment and subsequent recommendations.
Looking for new ways to get involved with the Bar? SCLawAnswers.org and the S.C. Bar Law Related Education Division's Mock Trial Program need attorney volunteers! Click here to learn how to participate!
Call for nominations
The S.C. Bar Young Lawyers Division is calling for nominations for the positions of President-Elect, Secretary-Treasurer and Even-Numbered Judicial Circuit Representatives, effective July 1, 2014. Nominations should be submitted no later than Oct. 25. Letters of nomination and a brief bio should be sent to email@example.com and firstname.lastname@example.org, faxed to (803) 799-4118 or mailed to S.C. Bar YLD, Attn: Morgan Crouch, P.O. Box 608, Columbia, SC 29202. For more information, call Morgan Crouch at (803) 799-6653, ext. 135 or visit www.scbar.org/yld.
Senior lawyers: Let's go to Argentina!
We’ve rumbaed in Havana, now join fellow division members and tango in Buenos Aires Jan. 5-17, 2014. The trip includes exploration of the city of Buenos Aires; a tour of the Pampa and its gauchos; visits to Iguazu Falls, the wineries of Mendoza and the High Mountain in the Andes; and an optional tour of the island town of Tigre. You'll also have the chance to meet with Argentinian lawyers, time to shop and explore on your own, and much more. Each member of the Bar's Senior Lawyers Division and a companion are invited. Space is limited to 30 people, and reservations are made on a first-come, first-served basis. To register, visit www.friendlyplanet.com by Sept. 20. For questions or information on booking domestic flights, contact Nancy Layman at email@example.com or (803) 776-6999 or (803) 917-0754.
S.C. Law for Military Attorneys
Make plans to attend the Military & Veterans’ Law Section seminar, S.C. Law for Military Attorneys, on Thursday, Oct. 3, at the Bar Conference Center (1501 Park St., Columbia). Register online by Sept. 20, and contact Tara Caine at firstname.lastname@example.org for additional information.
Rule 1.19, RPC, Rule 407, SCACR: Succession Planning (which took effect July 1, 3013) encourages lawyers to prepare written succession plans that include the selection of a successor attorney to assume responsibility for the interests of the lawyer's clients in the event of the lawyer's death or disability from the practice of law. The Bar will collect the names of successor attorneys as part of the license fee process. If you would like to submit the name of your successor(s) in advance you may do so using this form.
Reinstatement of Rule 24, S.C. Rules of Family Court for Title IV-D cases
By order of September 10, an order dated July 19, 2012, was rescinded retroactively to August 8, 2012, the date of written notice lifting the temporary suspension.
Amendments to Rule 31, RLDE, Rule 413, SCACR
The Court has posted amendments to Rule 31, RLDE, Rule 413, SCACR to the Judicial Department website. View the complete order online.
Ms. Robinson goes to Washington
The S.C. Bar Foundation has funded the University of South Carolina School of Law Pro Bono Program since its beginning in 1989. This year, President Obama invited the program’s executive director, Pam Robinson, to the White House to celebrate the 5,000th Point of Light Award. Want to hear about her White House experience and the continued relationship between the program and Foundation? Follow the Foundation's blog by next Tuesday to see her interview with us.
Advance Sheet update
September 11, 2013
In this arbitration dispute, the Court held that Section 9 of the Federal Arbitration Act applies only in federal court and that the circuit court did not err in applying the S.C. Uniform Arbitration Act’s confirmation provision in this matter because the confirmation statute is procedural, not substantive. On an issue of first impression, the Court further held that an unsuccessful party in an arbitration proceeding may not prevent the confirmation of an award by paying the award prior to the confirmation proceeding. Consequently, the Court affirmed the circuit court’s confirmation of the arbitration award.
Henderson v. Summerville Ford-Mercury Inc., Op. No. 27313 (S.C. Sup. Ct. filed September 11, 2013) (Shearouse Adv. Sh. No. 40 at 17), is available online.
Although the S.C. Court of Appeals relied on the wrong statute to determine whether the order from the appellate panel of the Workers’ Compensation Commission was immediately appealable, the Court affirmed as modified because the outcome would have been the same if S.C. Code Section 1-23-380 had been applied instead. Thus, the Court of Appeals properly found Wire’s failure to file an immediate appeal from the order of the appellate panel did not render the findings of fact and conclusions of law therein to be the law of the case.
Price v. Peachtree Electrical Services, Inc., Op. No. 27314 (S.C. Sup. Ct. filed September 11, 2013) (Shearouse Adv. Sh. No. 40 at 28), is available online.
Justice Kittredge and Justice Hearn concurred in result only.
The appellants appealed an order that both granted respondents’ motion for a judgment on the pleadings under Rule 12(c), SCRCP, and declared 2009 Act No. 99 (the Act) constitutional. The Court reversed and remanded for further proceedings, finding the appellants’ complaint alleged facts that must be resolved before the constitutionality of the Act can be determined.
The Home Builders Association v. School District No. 2 of Dorchester County, Op. No. 27315 (S.C. Sup. Ct. filed September 11, 2013) (Shearouse Adv. Sh. No. 40 at 31), is available online.
Justice Kittredge concurred in result only. Chief Justice Toal dissented in a separate opinion.
Duffy & Young, LLC announces that Julie L. Moore has joined the firm as an associate located at 96 Broad St., Charleston 29401. (843) 720-2044.
The Echols Firm, LLC announces that Bess Dargan Lochocki has joined the firm located at 115 Oakland Ave., Ste. 102, 29730. (803) 329-8970.
Moses and Brackett, PC announces that Anne Marie Crosswell has joined the firm located at 1333 Main St., Ste. 260, Columbia 29201. (803) 461-2300.
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
Animal Law Committee Meeting, Bar Building
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Mock Trial Skills Workshop, USC School of Law
Project Citizen Training, Bar Building
Judicial Qualifications Committee Meeting, Bar Building
Family Law Section Council Meeting, Bar Building
Judicial Qualifications Committee Meeting, Bar Building
Professional Responsibility Committee Meeting, Bar Building
Torts and Insurance Practices Section Council Meeting, Conference Call
Community Association Law Committee Meeting, Bar Building
We The People Training, Bar Building
Health Care Law Section Council Meeting, Conference Call
Elder Law Committee 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.