December 6, 2011
December 02, 2011
Welcome to the South Carolina Bar's E-Blast!
December 6, 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.
In case you missed it ...
The December issue of S.C. Bar News was distributed via e-mail last week. The current issue, as well as a PDF version and description of tips and features, is available on the Bar's website at www.scbar.org/barnews. Be sure to check out this issue to find out what to expect from the 2012 Bar Convention and why you should plan to attend, as well as important reminders about registering with the S.C. Supreme Court’s AIS and paying your license fees. Don’t miss it!
2012-13 Leadership Academy application period now open!
The Bar is now accepting applications for the 2012-13 Leadership Academy. This fourth installment of the Academy will focus on the following topics: lawyers in public service, professionalism, career development, work-life balance, lawyers and the judiciary, pro bono and community service, and service to the Bar. Sessions will take place on the following dates: Jan. 21-22 (Columbia, at the end of the S.C. Bar Convention); Feb. 23, (Columbia), March 23 (Greenville), April 20 (Charleston) and May 3 (Columbia, Annual Meeting). The purpose of the Leadership Academy is to enhance the professional growth and leadership skills development of selected members to prepare them to make greater contributions to the legal profession and to the community. Interested applicants must meet the stated requirements and submit the required application and supporting documents by 5 p.m. on Tuesday, Jan. 3. Please see the complete application packet for full details. For more information, contact Leah Johnson at firstname.lastname@example.org, (803) 576-3765 or toll-free at 1-877-797-2227, ext. 145.
S.C. Commission on Indigent Defense seeking candidates
Candidates seeking to apply for a four-year term as the Circuit Public Defender of the 13th Judicial Circuit should go to www.jobs.sc.gov to complete on online application and receive further details. For more information, contact Hugh Ryan at (803) 734-1338.
Fee dispute procedure modified
By order of December 6 the Court has adopted many of the Bar’s proposals to change the process governing the resolution of fee disputes. Included in the changes are clarification that simple refusal of a client to pay a bill does not create jurisdiction of the Board, delivery of the copy of the dispute to the lawyer by electronic mail, increasing the threshold for a hearing panel to $7,500, permitting matters under $1,000 to be investigated by Bar staff and clarifying the limited appeal process to the circuit court. To view the complete order and list of individual amendments, click here.
New Ethics Advisory Opinion issued
The Ethics Advisory Committee has issued a new opinion. The text of all opinions is available here.
11-09 A lawyer may report information learned by taking the deposition of the opposing party to tax authorities only with her client’s informed consent as provided in Rule 1.6(a). Since Rule 4.5 prohibits reporting or the threat of reporting to criminal authorities solely to obtain an advantage in a civil action, the lawyer may find it prudent to wait until the litigation is concluded, though the rules do not specifically require it.
Don't miss out on early bird Convention registration!
The early bird gets the worm–and a great price on Convention registration! Register before Dec. 15 to get early bird pricing on the 2012 S.C. Bar Convention. To view the full agenda and a complete list of all Convention seminars, click here.
Convention events for young lawyers
Take advantage of the two great YLD events happening at the 2012 S.C. Bar Convention! The YLD seminar, The Art of Negotiation: Gain Some Perspective, will be held Friday, Jan. 20, from 2:15 to 5:30 p.m. Attendees of this seminar will receive three MCLE credit hours. Following the seminar, join fellow YLD members for the Sixth Annual YLD Oyster Roast from 7:30 to 10 p.m. at City Art, located at 1224 Lincoln St. in Columbia. There is no fee for YLD members and a guest to attend the reception, but you must register for the Convention by Jan. 5. To view additional CLE opportunities and social events, click here. For more information on the above events, contact Britt Kelly at (843) 266-8127 or email@example.com, or Elizabeth Palmer at (843) 266-8166 or firstname.lastname@example.org.
By order of December 1 the Court placed Tobias Horne on interim suspension. Philip J. Corson is the trustee.
By order of December 5 the Court disbarred Matthew Edward Davis for misconduct which included numerous traffic offense convictions, use of monies withheld from real estate closings to pay an unauthorized consultant rather than taxes, use of client funds to pay the premium on a title insurance policy when the policy could not be obtained, loss of funds of an heir who could not be located, failure to pay a title abstractor for work performed on behalf of Davis’ clients, and engaging in the unauthorized practice of law after being placed on interim suspension.
Sherri Lynn Pardue has resigned as a member of the Bar who was admitted pursuant to Rule 405, SCACR (Limited Certificate to Practice Law).
Advance Sheet update
December 5, 2011
David Cole appealed the circuit court's grant of summary judgment in favor of the defendant on Cole's personal injury claims arising out of injuries he sustained in a softball game. The Court affirmed, holding that Cole had assumed the risk of the injuries by engaging in the game of softball. The Court further held that participants of contact sports assume the risk of negligence and recklessness committed within the course of the game by co-participants, emphasizing that the holding does not include intentional conduct by a co-participant of a sport or conduct so reckless as to be outside the scope of the game.
Cole v. Boy Scouts of America, No. 27072, is available online.
Justice Pleicones concurred in a separate opinion.
Howell and Christmas, LLC announces that Reese Stidham IV has joined the firm located at 250 Mathis Ferry Rd., Ste. 102, Mt. Pleasant 29464. (843) 849-2800.
Willoughby & Hoefer, PA announces that ElizabethAnn Loadholt Felder and John W. Roberts have joined the firm located at 930 Richland St., Columbia 29201. (803) 252-3300.
Young Clement Rivers, LLP announces that Perry M. Buckner IV and Nicholas J. Rivera have joined the firm located at 25 Calhoun St., Ste. 400, Charleston 29401. (843) 577-4000.
Practice and Procedure Committee Meeting, Bar Building
Senior Lawyers Division Law Day Committee Meeting with Local County Bar Presidents, Bar Building
Environment and Natural Resources Section Council Meeting, Conference Call
Corporate, Banking and Securities Law Section Council Meeting, Conference Call
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Bar Building
Lawyer Image Task Force Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
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.