March 13, 2014
March 12, 2014
Welcome to the South Carolina Bar's E-Blast!
March 13, 2014
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 via conference call.
The Bar approved a request to contribute funding for a reception for ABA President-Elect William Hubbard, provided all Bar members will be invited.
Rebecca Roser was appointed to an at-large seat on the Board. The term begins in May.
The Board considered a request from the Elder Law Committee to oppose S. 1040, which would expand the Omnibus Adult Protection Act. The Board supported enhancement of the protection of vulnerable adults but opposed the current bill as drafted.
Deadline approaching in House of Delegates elections
Electronic ballots have been distributed for delegates to the House of Delegates in the 1st, 5th, 7th, 9th and 15th Circuits as well as for the Out of State Delegate. Ballots were sent to e-mail addresses on file with the Attorney Information System on Feb. 21 from firstname.lastname@example.org. If your address on file is in one of these circuits or is out of state and you did not receive a ballot, please check your spam filter and junk folder. If after checking you still do not have a ballot, contact Tara Caine at email@example.com and your ballot will be resent. Ballots must be submitted by 5 p.m. on Monday, March 17.
Judge Marc H. Westbrook to be remembered at Bar Foundation Gala
The S.C. Bar Foundation will remember Judge Marc H. Westbrook at the 2014 Bar Foundation Gala on March 21 during the portion of the program titled “Martha’s Moment.” This component of the gala was created in memory of Martha B. Dicus and was established to remember those lawyers who passed too soon, but during their lifetimes displayed a tremendous commitment to public and professional service in the legal community. To join in the celebration of Judge Westbrook, plan to attend Gala 2014; tickets can be ordered online or by calling (803) 765-0517. Those wishing to commemorate this honor may also send a tribute gift for Judge Westbrook to the Foundation by downloading the Foundation’s donor form or giving online.
Application period open for Rule 608 Criminal Conflict contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in criminal conflict cases are invited to submit applications for consideration. This notice pertains to all 46 counties in the state. The link for the application and other important information about the contract program can be found online. All applications must be received by 5 p.m. on April 4, 2014, to be considered. Questions regarding the application process should be directed to SCCID.
Community profile: Pamela Robinson, USC School of Law
The ABA Pro Bono Center for Exchange profiled Pamela Robinson, director of the USC School of Law Pro Bono Program, to promote its upcoming Equal Justice Conference, during which she will present the seminar Learn from Yesterday, Live for Today and Hope for Tomorrow: Law Student Pro Bono Through the Years. Read the complete interview online.
SCDTAA seeking volunteers
The S.C. Defense Trial Attorneys Association is holding its annual Trial Academy April 25 at the Matthew J. Perry Jr. Federal Courthouse. The SCDTAA is seeking volunteers to serve as jurors for several mock trials, which will take place before circuit court judges. The event qualifies for one Rule 403 civil jury trial experience credit for eligible law students and graduates. To participate as a juror or for more information, e-mail Trey Watkins at firstname.lastname@example.org (and copy email@example.com).
Advance Sheet update
March 12, 2014
The S.C. Supreme Court held the Adult Health Care Consent Act did not authorize the respondent, acting as a health care surrogate for her sister, to execute the separate, voluntary arbitration agreements presented to her by the health care facility. The Court further held that the predicate for the appellants’ argument for the application of the doctrine of equitable estoppel—that the arbitration agreement and the admission agreement were merged—was not present. Accordingly, the Court affirmed the decisions of the circuit court.
Coleman v. Mariner Health Care, Op. No. 27362 (S.C. Sup. Ct. filed March 12, 2014) (Shearouse Adv. Sh. No. 10 at 16), is available online.
Chief Justice Toal dissented in a separate opinion.
In this direct appeal from the trial court’s grant of summary judgment in favor of the University of South Carolina, the Court determined that, while the statute of frauds was applicable to the matter, a question of fact exists concerning the issue of equitable estoppel, thus, rendering summary judgment inappropriate. Accordingly, the decision of the trial court was affirmed in part, reversed in part and remanded for further proceedings consistent with this opinion.
Springob v. USC, Op. No. 27363 (S.C. Sup. Ct. filed March 12, 2014) (Shearouse Adv. Sh. No. 10 at 28), is available online.
Justice Pleicones concurred in a separate opinion.
After certifying this case for review pursuant to Rule 204(b), SCACR, the Court affirmed the circuit court’s grant of partial summary judgment in favor of the respondents on Palleres’ claim for malicious prosecution. The Court, however, reversed the grant of summary judgment in favor of the respondents on Palleres’ claim for abuse of process and remanded the matter to the circuit court for further proceedings consistent with this opinion.
Palleres v. Seinar, Op. No. 27364 (S.C. Sup. Ct. filed March 12, 2014) (Shearouse Adv. Sh. No. 10 at 35), is available online.
Justice Kittredge concurred in a separate opinion. Chief Justice Toal concurred in part and dissented in part in a separate opinion.
In this criminal appeal, the Court determined the trial court applied the correct standard at the directed verdict stage and properly submitted the case to the jury. Accordingly, the Court affirmed the Court of Appeals’ decision affirming the denial of Butler’s motion for a directed verdict on self-defense.
State v. Butler, Op. No. 27365 (S.C. Sup. Ct. filed March 12, 2014) (Shearouse Adv. Sh. No. 10 at 49), is available online.
Justice Pleicones concurred in result only. Justice Beatty concurred in a separate opinion.
On writ of certiorari, the Court found the ALC was authorized pursuant to S.C. Code Ann. Regs. Section 61-107.17(d) to consider the regional excess landfill capacity as an “additional factor” when it denied the landfill permit even though DHEC declined to consider “additional factors” when it granted the permit. Accordingly, the Court reversed the Court of Appeals’ decision and held the ALC committed no error of law in reversing DHEC’s decision.
Engaging and Guarding Laurens County’s Environment v. SCDHEC, Op. No. 27366 (S.C. Sup. Ct. filed March 12, 2014) (Shearouse Adv. Sh. No. 10 at 58), is available online.
Justice Pleicones concurred in result only.
Law Offices of David Aylor announces that Ryan Huntley and Christine Williams have joined the firm located at 24 Broad St., Charleston 29401. (843) 577-5530.
Elder Law Committee Meeting, Bar Building
Free legal clinics: Wills, Estate and Probate (Myrtle Beach); End of Life Issues (Columbia); Magistrate Court Issues (Spartanburg)
Free legal clinic: End of Life Issues (Landrum)
Legal Research Benefit Analysis Meeting, Bar Building
Family Law Section Council Meeting, Bar Building
Bar Foundation Gala, The Hall at Senate's End (Columbia)
Ethics Advisory Committee Meeting, Bar Building
Free legal clinics: Wills, Estate and Probate (Batesburg); Real Estate Issues and Foreclosures (Spartanburg)
Free legal clinics: Criminal Law (Lyman); Family Law (Columbia); Bankruptcy Law (Florence)
Environment and Natural Resources Section Council Meeting, Conference Call
Workers' Compensation Section Council Meeting, Conference Call
Tax Law Section Council Meeting, Conference Call
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