November 5, 2013
October 31, 2013
Welcome to the South Carolina Bar's E-Blast!
November 5, 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.
S.C. Bar Nominating Committee meets
The Nominating Committee met Oct. 30 and nominated the following Bar members for the offices listed: Anne S. Ellefson of Greenville for President-Elect; Leah B. Moody of Rock Hill for Treasurer; William Witherspoon of Columbia for Secretary; J. Steedley Bogan of Columbia for Chair of the House of Delegates; James W. Bannister of Greenville, Paula Jill Wright of Myrtle Beach and Robin A. Braithwaite of Aiken for Board seats; and John D. Elliott of Columbia and Flo Lester Vinson of Florence for ABA State Bar Delegates. On or before January 15, 2014, any 25 or more members who are entitled to vote may file with the Board of Governors a signed petition nominating a candidate or candidates for any or all offices to be filled.
Action required: Attorney Information System
The S.C. Judicial Department is developing an e-filing system to allow the electronic filing of documents in South Carolina courts. This system will rely, in part, on the information already maintained by the Attorney Information System (AIS), and lawyers will use their AIS usernames and passwords to access the web-based portal for e-filing. Every member of the S.C. Bar (including those holding limited certificates to practice law) and every foreign legal consultant licensed under Rule 424, SCACR, must log-on to AIS by Dec.15, 2013, and: change his/her password to a stronger password; answer updated security questions; and verify his/her information in AIS. Those who do not complete the above requirements will not be allowed to pay their license fees for 2014 until they have done so, which may result in suspension under Rule 419, SCACR.
Deadline to submit 2014 Leadership Academy applications is Nov. 8
The deadline to submit applications for the 2014 Leadership Academy is this Friday, Nov. 8. This sixth installment of the Academy will address the following topics: lawyers in public service, professionalism, career/leadership development, work-life balance, the path to the judiciary, pro bono and community service and service to the Bar. Sessions will take place on the following dates: Jan. 25-26 (Bar Convention–Kiawah), Feb. 27 (Columbia), March 28 (Greenville), April 25 (Charleston) and May 8 (Columbia). Interested applicants must submit the required application and supporting documents by 5 p.m. on Friday, Nov. 8. For more information, contact Morgan Crouch at firstname.lastname@example.org, (803) 576-3835 or toll-free at 1-877-797-2227, ext. 135.
PMAP Tech Tip
A recent S.C. Supreme Court Order (see above) requires S.C. Bar members to choose and answer updated security questions and choose stronger passwords for their AIS accounts by Dec. 15, 2013. Passwords for AIS must now be at least 10 characters long and have at least one character from three of the following four categories: uppercase letter (A-Z), lowercase letter (a-z), base 10 digits (0-9) and symbols (!,$,%, etc.). When choosing a security question, make sure it’s not one that can be easily guessed by someone, such as information that shows up in a Google search of your name. For general advice on this topic, click here. For help crafting a strong password, read these tips or use the Strong Password Generator. After creating your new password, check its strength with this password checker. Contact PMAP for free assistance with your law practice at email@example.com.
The DuRant legacy
The DuRant Distinguished Public Service Award has a 32-year history of honoring legal giants in our state. Tomorrow is the deadline for nominating a colleague for the 2013 award. Take a look back at last year’s honoree, Harold W. Jacobs, in the Foundation’s blog! The nomination form is available online. To make a tribute gift in honor of a past DuRant Award winner, download the Foundation’s donor form.
Advance Sheet update
October 30, 2013
The S.C. Court of Appeals determined the General Assembly’s 2008 amendment to S.C. Code Subsection 56-5-2950(A) (which replaced the three-hour videotaping requirement for blood alcohol testing with a two-hour requirement for completing blood alcohol testing) was intended to apply prospectively. Since the circuit court applied the subsection retroactively, the Court of Appeals reversed and remanded the circuit court’s decision.
State v. Hilton, Op. No. 5178 (S.C. Ct. App. filed October 30, 2013) (Shearouse Adv. Sh. No. 46 at 23), is available online.
The mother appealed the family court’s decision finding her in contempt for denying the father Labor Day visitation. The court reversed, finding the evidence did not support a finding that the mother willfully violated the custody and visitation order. Based on its reversal of the family court’s contempt violation, the court also reversed the award of attorney’s fees and remanded the issue to the family court for consideration of the effects of this appeal.
Ward v. Washington, Op. No. 5179 (S.C. Ct. App. filed October 30, 2013) (Shearouse Adv. Sh. No. 46 at 31), is available online.
Although the trial court did not abuse its discretion in denying Farina’s motion for relief from judgment based on service of process, the court reversed because South Carolina did not have personal jurisdiction over Farina. The court did not review Farina’s res judicata and collateral estoppel arguments because they were not preserved for appellate review.
Delta Apparel, Inc. v. Farina, Op. No. 5180 (S.C. Ct. App. filed October 30, 2013) (Shearouse Adv. Sh. No. 46 at 37), is available online.
In this inverse condemnation case, the court determined the Department of Transportation (DOT) did not preserve its arguments regarding: the defense of laches, the interest rate testified to by the real estate appraiser, and prejudice resulting from the failure to hold a non-jury takings phase. The court affirmed as to the DOT’s remaining arguments that Frampton did not prove any facts that would constitute a taking of property; the trial court did not apply the appropriate law in its finding of a taking; the compensation verdict exceeded any credible evidence of Frampton’s loss; and Frampton was not entitled to attorney’s fees and costs under the governing statute.
Frampton v. SCDOT, Op. No. 5181 (S.C. Ct. App. filed October 30, 2013) (Shearouse Adv. Sh. No. 46 at 49), is available online.
Hon. Karen J. Williams, 62, of Orangeburg died November 2. Her obituary can be found here.
Finkel Law Firm LLC announces that Carl D. Hiller has joined the Columbia office as an associate located at 1201 Main St., Ste. 1800, 29201. (803) 765-2935.
Education Law Committee Meeting, Bar Building
Free legal clinic: Family Law Issues (St. George)
Animal Law Committee Meeting, Conference Call
Practice and Procedure Committee Meeting, Bar Building
Middle School Mock Trial Regional Competitions (Greenville, Lexington and N. Charleston)
Free legal clinics: Real Estate Issues and Foreclosures (Hilton Head); End of Life Issues (W. Columbia)
Health Care Law Section Council Meeting, Conference Call
Senior Lawyers Division Nominating Committee Meeting, Conference Call
Real Estate Section Council Meeting, Conference Call
Board of Governors Meeting, Bar Building
Free legal clinic: Wills, Estates and Probate (Summerville)
Young Lawyers Division Nominating Committee Meeting, Conference Center
Bar Foundation Board Meeting, Bar Building
Ethics Advisory Committee Meeting, Conference Center
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Free legal clinic: End of Life Issues (Columbia)
Elder Law Committee Meeting, Conference Center
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.