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February 14, 2012

February 09, 2012

Welcome to the South Carolina Bar's E-Blast! 
February 14, 2012
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.

Chief Justice Finney inducted into Hall of Fame
Former S.C. Supreme Court Chief Justice Ernest A. Finney Jr. was inducted into the S.C. Hall of Fame on Monday, Feb. 13, during a ceremony at the Myrtle Beach Convention Center. Finney, a Columbia lawyer, served on the S.C. Supreme Court from 1985 to 2000 and became Chief Justice in 1994. Finney also served in the S.C. House of Representatives and was honored Monday for his contributions to the state's legal, civil rights and educational realms. The Hall of Fame was created in 1973 to recognize people who have made outstanding contributions to the state’s progress and heritage.

Publications new release
S.C. Limited Liability Companies and Limited Liability Partnerships, Fourth Edition by Scott Y. Barnes, Prof. James R. Burkhard, Joseph D. Clark, Richard C. Handel, Burnet R. Maybank III, Prof. Martin C. McWilliams Jr. and David A. Merline Jr.



PMAP--Your guide to ...
Organizing Microsoft Outlook. Most lawyers using Outlook love to make new inbox subfolders to organize different clients or projects. Did you know you can also organize your replies the same way? By doing so, you'll be able to see the sender's message and your own reply in one folder. For step-by-step instructions, read this
TechRepublic article. PMAP is free practice management assistance for lawyers. For more information, contact Courtney Kennaday at (803) 799-6653, ext.183 or pmap@scbar.org.

Nominations sought for ABA awards
The American Bar Association's Government and Public Sector Lawyers Division is seeking nominations for the following three national awards: the Dorsey Award for an outstanding public defender or legal aid lawyer; the Hodson Award for public service; and the Nelson Award for outstanding contributions to the ABA. For more information and nominating materials, click
here. Nominations must be received by April 3.

Legal Services Corporation issues notice of availability of competitive grant funds
The Legal Services Corporation (LSC) announces the availability of competitive grant funds to provide civil legal services to eligible clients during calendar year 2013. A Request for Proposals (RFP) will be available at
www.grants.lsc.gov during the week of April 9, 2012. In accordance with LSC's multi-year funding policy, grants are available for only specified service areas. Services areas for each state and estimated grant amounts will be included in Appendix A of the RFP. Applicants must file a Notice of Intent to Compete (NIC) in order to participate in the competitive grants process. Instructions, filing dates and submission requirements will be posted at the website above. Please e-mail inquiries to competition@lsc.gov.

Charleston School of Law symposium
The Federal Courts Law Review at the Charleston School of Law is hosting its 2012 symposium, Mass Torts in the Federal Courts, on Feb. 24 at the Charleston Museum. The event will feature keynote speaker Kenneth Feinberg, administrator of the Gulf Coast Claims Facility, as well as panel discussions on class action litigation, preemption and the ethics of fees and settlements in aggregate litigation. For more information, click
here.

Advance Sheet update
February 8, 2012
In this case arising out of an armed robbery, the S.C. Court of Appeals affirmed an order denying the petitioner a post-conviction relief (PCR) application. The petitioner’s claim that his attorney had not adequately communicated with him and prepared him for trial had no merit, because despite the fact that the attorney had spent little time consulting with the petitioner, the attorney had met with the petitioner prior to trial, discussed the discovery materials with him, provided the petitioner the opportunity to explain his version of the events, prepared for the defense by arranging a polygraph examination and met with the petitioner's mother to discuss the incident and the petitioner's defense. Further, the court explained that the petitioner’s claim that his attorney’s failure to interview and present witnesses at his trial did not prejudice the jury, as the petitioner could only speculate as to what any witness would say. Finally, the attorney’s failure to advise the petitioner to testify was not preserved for review.
Smith v. State, No. 4938, is available
online

The court affirmed the Workers’ Compensation Commission Appellate Panel's denial of temporary disability benefits to appellant Cranford. The court found that Cranford was not entitled to temporary disability benefits because his employer had provided him with acceptable substitute work when he returned and employed him for the required amount of time the statute dictated. The court affirmed the Panel’s finding of maximum medical improvement (MMI) to Cranford’s back based upon doctors’ reports, but remanded the issue of MMI for his arms because the Panel did not rule on this issue. Likewise, the court affirmed the Panel’s conclusion that Cranford is not entitled to permanent partial disability benefits for his back, but remanded the issue of permanent disability for his arms and skin to the Panel because these issues were also not ruled upon. Lastly, the court affirmed the Panel's conclusion that Cranford was not entitled to additional medical treatment because additional treatment would not lessen his disability.
Cranford v. Hutchinson Construction, No. 4939, is available
online

In this appeal from the Administrative Law Court, the S.C. Court of Appeals determined that DHEC properly disregarded York County’s emergency ordinance. The ordinance, which declared a moratorium on waste management facility expansion, stated that all proposed landfills and landfill expansions not yet permitted by DHEC were declared inconsistent with the 1994 Catawba Regional Solid Waste Management Plan. DHEC alone has the authority to make consistency determinations; therefore, the ordinance had no effect on its ability to determine that the new landfill was consistent with the county’s waste management plan.
York County v. SCDHEC, No. 4940, is available
online
Judge Lockemy dissented in a separate opinion.

Court action
By order of February 14 the Court placed Frederick James Newton on disability inactive status. Peter Brandt Shelbourne is the trustee.

Member resignations
By orders of February 9 the Court accepted the resignations from the Bar of Sean David Armentrout and Hon. John J. McConnell Jr.

Firm announcements
Baker, Ravenel & Bender, LLP announces that Patrick D. Quinn has joined the firm as an associate located at 3710 Landmark Dr., Ste. 400, Columbia 29204. (803) 799-9091.

Childs & Halligan, PA announces that Kimberly Kelley Blackburn has become shareholder in the firm located at 1301 Gervais St., Ste. 900, Columbia 29201. (803) 254-4035.

J. David Murrell announces the relocation of Murrell Law Firm to 1517 Sam Rittenberg Blvd., Charleston 29407. (843) 720-3740.

Sauls Law Firm, PC announces its relocation to 1293 Professional Dr., Ste. D, Myrtle Beach 29577. (843) 248-0847.

Calendar 
February 17
Member Involvement Task Force Meeting, Conference Call

February 23-24

Board of Governors Meeting, Bar Building

March 2
Bar Foundation Board of Directors Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building

March 5
Administrative and Regulatory Law Committee Meeting, Bar Building

March 9
Practice and Procedure Committee Meeting, Bar Building

March 15
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Bar Building

March 16
Ethics Advisory Committee Meeting, Nelson Mullins
Probate, Estate Planning and Trust Section Council 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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