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November 29, 2011

November 29, 2011

Welcome to the South Carolina Bar's E-Blast! 
November 29, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at 
www.scbar.org
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.
 

Protect yourself from scam attempts
Beware of telephone “phishing” trips. There have been a number of recent reports in North and South Carolina of telephone scammers posing as “tech support” to steal information and gain access to computers. The caller tries to persuade you to give them remote access to your computer in order to fix an alleged problem. If you receive one of these phony tech support calls, keep the following tips in mind: Microsoft and other computer and software companies do not make unsolicited calls offering tech support; do not follow the caller’s instructions; if you need tech support, contact the computer or software company at a number you know to be valid; and never share personal information, such as bank accounts, credit card numbers or computer passwords, with anyone you don’t know who contacts you. Be sure to pass this information along to all employees in your firm. If you have questions, contact Courtney Kennaday at 
pmap@scbar.org.

Post-Thanksgiving sale on CLE publications!
Take advantage of the CLE Division's post-Thanksgiving publications sale! Through Friday, Dec. 9, purchase up to four publications and take 15 percent off your order, or purchase five or more publications and take 25 percent off your order. Any orders received after 5 p.m. on Dec. 9 will be filled at the regular price, and no other discounts will apply. No exceptions. Purchase now by visiting the online
publications store. To view a list of titles not eligible for a discount, click here.

Give yourself an early present!
S.C. Bar Foundation grantees are hosting a number of community education events and activities during the month of December! Support local middle school students in the S.C. Bar's State Mock Trial Competition, celebrate with CASA’s Holiday Drop-In or attend a legal presentation. The entire list of events can be found here. Contact information is provided so that you may follow up with the event host if you are interested in participating. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.

Advance Sheet update
November 22, 2011

In this case regarding the Presidential Preference Primary, the S.C. Supreme Court held that the General Assembly authorized and directed that Presidential Preference Primaries be conducted in South Carolina in 2012 by the State Election Commission and the County Election Commissions, and that such Presidential Preference Primaries shall be conducted in accordance with the provisions of S.C. Code Ann. Section 17-11-20(B)(2) (Supp. 2010) and Provisos 79.6 and 79.12 of Part II of the 2011-2012 General Appropriations Act, Act. No. 73, 2011, S.C. Acts Sections 79.6 and 79.12. The Court further opined that the practical effect of the declaratory judgment would be that the State Election Commission and the County Election Commissions for each of the 46 counties must conduct this Presidential Preference Primary.
Beaufort County v. S.C. Election Commission, No. 27069, is available
online.
Justice Hearn dissented in a separate opinion in which Justice Beatty concurred.

November 23, 2011
The S.C. Court of Appeals held that the trial court erred in granting the respondent an equitable lien because an adequate remedy at law was available since a contractual agreement existed between the parties. The respondent, therefore, could have sought contractual damages.
The Nutt Corp. v. Howell Road, LLC, No. 4911, is available
online.

The court reversed the dismissal of DUI, second offense, and remanded for trial. The trial court erred in holding the State failed to comply with subsection 56-5-2953(A)(2)(d) of the S.C. Code because the statute did not require the videotape to include a 20-minute waiting period when a suspect refused to take a breath test. In all cases, the videotape must still include the person being informed he is being videotaped, being informed he may refuse the test and refusing the breath test if he in fact does so. If a person refuses to take the breath test, dismissal of a DUI charge is not warranted for the failure to videotape the person's conduct for 20 minutes so long as the other requirements of subsection 56-5-2953(A)(2) are satisfied.
State v. Elwell, No. 4912, is available
online.

In this appeal from a family court juvenile criminal case, the court found the issue of reduction of the crime from murder to the lesser-included offense of voluntary manslaughter was not preserved for appellate review. Jamal did not raise an objection to the court's consideration and ultimate rejection of the lesser-included offense of voluntary manslaughter during the reading of the verdict. Furthermore, Jamal did not make a post-trial motion requesting reconsideration of the denial to charge voluntary manslaughter. While the trial court may have made contradictory remarks and stated an improper standard for voluntary manslaughter, Jamal should have objected to those statements. Without an objection, the trial court had no opportunity to clarify its decision, and the issue was not appropriately preserved. 
In the Interest of Jamal G., No. 4913, is available
online.

Member discipline
By order of November 28 the Court imposed a six month suspension (with additional conditions) on Howard Hammer for misconduct which included subpoenaing for a deposition a person who was not a witness to any matters out of which criminal charges arose and asking improper questions during that deposition in a civil action.

Firm announcements
Filiberto Law Firm, PC
announces its relocation to 1701 N. Oak St., Ste. 201, Myrtle Beach 29577. (843) 839-2526.

Eric Christopher Hale
announces the opening of The Law Office of Eric C. Hale, LLC located at 125 Executive Pointe Blvd., Ste. 204, Columbia 29210. (803) 250-5252.

Johnson, Johnson and Whittle Attorneys, PA
announces that Beverly V. Snelgrove has joined the firm located at 117 Pendleton St. NW, Aiken 29801. (803) 649-5338.

Johnson, Smith, Hibbard and Wildman, LLP
announces that Reid Wildman has become an associate of the firm located at 220 N. Church St., Ste. 4, Spartanburg 29304. (864) 582-8121.

Moore & Van Allen, PLLC 
announces that Ann Hsu Kaufman has joined the firm's Charleston office located at 40 Calhoun St., Ste. 300, 29401. (843) 579-7000.

Sweeny, Wingate & Barrow, PA
 announces that J. Eric Cavanaugh and Aaron J. Hayes have become associates of the firm located at 1515 Lady St., Columbia 29201. (803) 256-2233.

Wyche, PA announces that David K. Anna, Natalie R. Dunham and Wade S. Kolb III have joined the firm's Greenville office located at 44 E. Camperdown Way, 29601. (864) 242-8200.

Calendar
 
December 1
Community Association Law Committee Meeting, Bar Building

December 2
Dispute Resolution Section Council Meeting, Conference Call
Professional Responsibility Committee Meeting, Bar Building

December 9
Practice and Procedure Committee Meeting, Bar Building

December 12
Senior Lawyers Division Law Day Committee Meeting with Local County Bar Presidents, Bar Building

December 15

Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Bar Building

December 16
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at 
doelhafen@scbar.org or (803) 799-6653, ext. 171.

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