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December 20, 2011

December 15, 2011

Welcome to the South Carolina Bar's E-Blast! 
December 20, 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.

David A. Merline named 2011 DuRant Distinguished Public Service Award recipient
The
Bar Foundation Board of Directors announces that David A. Merline, a shareholder with Merline and Meacham, PA in Greenville, has been named the 2011 DuRant Distinguished Public Service Award recipient. His selection was based upon his meritorious service to both the legal profession and his community. The Foundation will bestow this honor on Friday, Jan. 20, at the Bar Convention’s plenary luncheon. To attend the celebration of this most deserving member of the legal profession, register for the Convention and purchase a luncheon ticket. If you would like to make a tribute gift commemorating the occasion, you may send your gift to the Foundation at P.O. Box 608, Columbia, SC 29202, or make one online. Simply note that the gift is in honor of Mr. Merline. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.

PMAP–Your guide to …
Technology products for lawyers. The
TechnoLawyer blog’s year-end review of the top 15 products of 2011 is available now at TL NewsWire. Number one on the list is the TrialPad for iPad, an app that can display documents for trial presentations. In addition to a number of software products, the list includes other items fit for holiday gifts, such as the Kodak Scanmate I920 and the Doxie Go portable scanner. Click here to see the complete list. PMAP offers practice management assistance for S.C. Bar members. For more information, contact pmap@scbar.org or (803) 799-6653, ext. 183.

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 ljohnson@scbar.org, (803) 576-3765 or toll-free at 1-877-797-2227, ext. 145. 

Revised court forms posted
The S.C. Judicial Department has posted changes to the following forms: Judgment in a Civil Case, SCRCP Form 4C and Judgment in a Family Court Case, SCRCP Form 4F. The complete order can be found
here. The forms can be retrieved here

Advance Sheet update
December 20, 2011
This case was remanded from the U.S. Supreme Court for reconsideration of the S.C. Supreme Court’s opinion in light of the decision in AT&T Mobility, LLC v. Concepcion. The Court found that the issue of preemption was procedurally barred as a matter of state law and that further consideration in light of AT&T Mobility, LLC v. Concepcion was unwarranted. The Court therefore reinstated its original opinion and declined to revisit it.
Herron v. Century BMW, No. 26805, is available
online

The Court affirmed an order requiring the destruction of seven video machines found to be unlawful gaming devices. The appellant contended that the circuit court erred in upholding the magistrate's Order of Destruction because the State was unable to prove that six of the seven machines had an illegal game installed that could actually be played at the time of the post-seizure hearing. The Court disagreed, opining that there was evidence in the record to support the factual findings that all seven machines were illegal gambling devices.
Union County Sheriff's Office v. Henderson, No. 27077, is available
online.

December 16, 2011
The S.C. Court of Appeals reversed the family court's order requiring SCDSS to initiate Termination of Parental Rights proceedings against the mother and remanded the case to the family court for further proceedings consistent with the opinion. A preponderance of the evidence supported returning the twins to the mother's home and ordering SCDSS to continue providing supervision and services for 12 months.
SCDSS v. Mother and Father, No. 4922, is available
online.

Member discipline

By order of December 19 the Court disbarred Michael T. Hursey Jr. for misconduct which included drawing improper deeds, having a deficit in his trust account, failing to properly supervise a paralegal, failing to file matters in domestic cases, failing to pay a court reporter, maintaining a webpage that contained profanity and nudity, failing to cooperate with the disciplinary investigation, failing to respond to charges and abandoning his law practice.

By order of December 19 the Court imposed a two year suspension (with additional conditions and retroactive to March 13, 2007) on W. Benjamin McClain Jr. for misconduct which included failing to properly supervise his bookkeeper (his wife) who embezzled in excess of $75,000 from the trust account.

By order of December 19 the Court imposed a public reprimand (with additional conditions) on Max B. Singleton for misconduct which included failing to timely communicate with clients, failing to timely respond during the disciplinary investigations, failing to comply with Rule 417 requirements and improperly soliciting a prospective client.

Member resignation
The Court has accepted the resignation from the Bar of Dwight Lee Miller.

Trustee appointed
By order of December 14 the Court appointed James L. Hills as trustee for the law practice of Anthony F. Trask, deceased.

Firm announcements
McCutchen, Mumford, Vaught, O'Dea & Geddie, PA announces that Hal L. Beverly Jr. and Gregory J. McEvoy have become shareholders of the firm located at 4610 Oleander Dr., Ste. 203, Myrtle Beach 29577. (843) 449-3411.

Nelson Mullins Riley & Scarborough, LLP
announces that Jessica Peters Goodfellow has joined the firm as an associate located at 1320 Main St., 17th Floor, Columbia 29201. (803) 799-2000.

Julianne Meggs Stokes and Amanda Stilley Haselden announce the opening of Stokes & Haselden, LLC located at 180 Meeting St., Ste. 230, Charleston 29401. (843) 720-7416.

Calendar 
January 4
Unauthorized Practice of Law Committee Meeting, Bar Building

January 5
Lawyer Image Task Force Meeting, Bar Building

January 6
South Carolina Lawyer Editorial Board Meeting, Bar Building

January 13
Children's Law Committee Meeting, Bar Building

January 19
Board of Governors Meeting, Columbia Metropolitan Convention Center
Family Law Section Council Meeting, Bar Building
House of Delegates Meeting, Columbia Metropolitan Convention Center
Memory Hold the Door Ceremony, Columbia Metropolitan Convention Center

January 20
Family Law Section Publications Committee Meeting, Bar Building

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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