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May 4, 2012

May 02, 2012

Welcome to the South Carolina Bar's E-Blast! 
May 4, 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.

House of Delegates convenes in Columbia
The Bar's House of Delegates met May 3 in Columbia.

The House heard remarks from President Angus H. Macaulay and Immediate Past President A. Marvin Quattlebaum Jr. To view a report on all Bar initiatives since July 1, click 
here. The Young Lawyer of the Year Award was presented to Jennifer Ashburn of Columbia. The Law Related Education Lawyer of the Year Award was presented to Gene Vaught III. Graduates of the 2012 Leadership Academy were recognized.

The House approved requests from the Practice and Procedure Committee to amend Rule 4, SCRCP, to allow service of process by commercial delivery services; make time limits uniform for post-trial motions; and add a provision regarding the manner for computing time requirements in the SCRCrimP. The proposed rule changes will be forwarded to the Court.

Requests from the Pro Bono Committee to adopt a payment in lieu of service option for pro bono service and collect pro bono data with the Bar license fee statement were approved.

The House approved constitutional and bylaw amendments that provide for a law student affiliation of the Bar. The constitutional amendment will be forwarded to the Court.

The House approved requests from the Trial and Appellate Advocacy Section and the Family Law Section to amend the respective section bylaws. Requests to amend bylaws of the Health Care Law Section and Consumer Law Section were approved under the consent agenda.

The House approved Bar and CLE Division budgets for 2012-13 and appointed the following members to the Nominating Committee: Pamela J. Roberts, Region II, and Douglas Jennings Jr., Region III.

The Assembly convened at the conclusion of the meeting and approved the constitutional amendment.

Board of Governors meets
The Board of Governors met May 3 in Columbia.

The Board approved a request to revise the Lawyer Referral Service Rules to add a provision that LRS members who, after written notice, willfully fail to remit monies owed to the Service will be reported to the Office of Disciplinary Counsel.

The Board approved a revision of Rule 1.19, Client File, defining what constitutes a client file, as proposed by the Professional Responsibility Committee. The revision will be submitted to the Supreme Court.

David W. Hartman was appointed to fill a 13th Circuit vacancy in the House of Delegates.

The Board approved the addition of member benefits offering discounts on Ruby Receptionist answering services and OfficeMax products.

The Board received a report on a meeting held with representatives from the Lexington, Edgefield and Saluda county bars.

The Law Related Education Legacy Award was presented to Lynn Dickinson of Ft. Mill High School.

Judicial Merit Selection Commission releases report
The Judicial Merit Selection Commission has released its Draft Report of Spring 2012 Judicial Candidates. Members of the General Assembly are not permitted to issue letters of introduction, announcements of candidacy, statements detailing a candidate’s qualifications or commitments to vote for a candidate until May 8, when the report becomes final. To view the report, click
here.

What's New
The What's New column, previously published in the South Carolina Lawyer magazine, is online and searchable! Click
here to browse case summaries in your practice area, link to the complete opinions and search within What's New.

There's still time to volunteer for the Special Olympics 2012 Summer Games
YLD is seeking volunteers for the Special Olympics S.C. 2012 Summer Games on Saturday, May 5, at Fort Jackson in Columbia. YLD has reserved the bowling competition at Century Lanes from 8:30 a.m. to 12:30 p.m., but volunteers are welcome to register for other events. Please list your group/organization as S.C. Bar YLD when registering and feel free to recruit family members and friends. Volunteers are invited to a happy hour following the event, details of which will be provided to registrants. To register, click
here. For more information, contact Andy Kunz at akunz@turnerpadget.com or Will Johnson at wjohnson@hsblawfirm.com.

We've got a new look!
Be sure to visit the Bar Foundation's revised website at
www.scbarfoundation.org. The "new" site includes more extensive information about the various activities and segments of the Bar Foundation. Also, join us on Facebook for detailed highlights of the updated site throughout the summer months. The Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please
join us.

Administrative suspensions for non-compliance with MCLE regulations
The Court has posted those Bar members administratively suspended pursuant to Rule 419(b)(2). Click
here to view the list.

Income Withholding Orders for child support
Effective June 1, all Income Withholding Orders requiring an employer to withhold payments, including those issued by court and private attorneys, must direct payments to the State Disbursement Unit. For more information, contact Kay Farley at
kfarley@ncsc.dni.us or click here.

Advance Sheet update
May 2, 2012
In this medical malpractice suit, the S.C. Supreme Court held that, pursuant to S.C. Code Section 15-79-125(A) and Section 15-36-100(B), an expert affidavit does not have to address causation. Based upon the plain and unambiguous language of the statutes, an expert affidavit only requires an opinion regarding breach of a standard of care.
Grier v. AMISUB, No. 27118, is available
online

The Court upheld the circuit court’s ruling that the issue of attorneys' fees was not mooted by the defendant’s service of his jail sentence for contempt. Regardless, the Court stated that serving a jail sentence does not purge attorneys’ fees when they are awarded as indemnification. Further, the Court upheld the attorneys’ fees and costs, but reduced the amount by $24,000, as that amount was not related to the defendant’s conduct in this contempt proceeding.
Ex parte: David Cannon v. Estate of James Brown, No. 27119, is available
online.

In this matter in the original jurisdiction of the Court regarding a dispute as to the requirements for a candidate's name to properly appear on a primary election ballot, the Court entered judgment for the plaintiffs and held, per curiam, that the unambiguous language and expression of legislative intent of S.C. Code Section 8-13-1356(B) and (E) require an individual to file a Statement of Economic Interest (SEI) at the same time and with the same official with whom a Statement of Intention of Candidacy (SIC) is filed, and that the language prohibits political party officials from accepting an SIC which is not accompanied by an SEI. Accordingly, the names of any non-exempt individuals who did not file with the appropriate political party an SEI simultaneously with an SIC were improperly placed on the party primary ballots and must be removed.
Anderson v. South Carolina Election Commission, No. 27120, is available 
online.

Firm announcements
K&L Gates, LLP announces that Richard A. Farrier Jr. has joined the firm as partner in the Charleston office located at 134 Meeting St., Ste. 200, 29401. (843) 579-5600.

Michael Pinilla announces the opening of Pinilla Law Firm located at 920 St. Andrews Rd., Ste. 1, Columbia 29210. (803) 728-0045.

Member resignation
The Court has accepted the resignation from the Bar of Jeremiah Jonathan Jewett III, a lawyer admitted under Rule 405, SCACR.

Calendar
May 7
Administrative and Regulatory Law Committee Meeting, Bar Building

May 8
Health Care Law Section Council Meeting, Conference Call

May 9
Military and Veterans’ Law Section Council Meeting, Bar Building

May 16
Community Works Training, Bar Building

May 17
Family Law Section Council Meeting, Bar Building

May 18
Bar Foundation Board Meeting, Conference Center
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. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.

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