August 30, 2012
August 24, 2012
Welcome to the South Carolina Bar's E-Blast!
August 30, 2012
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.
Solo/Small Firm Conference
Looking for an opportunity to network with other small firm attorneys and learn valuable tools for your practice? We do that! The 2012 Solo and Small Firm CLE and Annual Meeting is being held Sept. 14 and will feature more than 20 exhibitors, top local and national speakers on today's hot practice management and technology topics, a networking lunch, prize drawings and more! The early bird deadline is tomorrow, Aug. 31, so don’t miss this opportunity to save $40 on registration. Plus, bring your non-lawyer staff person for just $125! Click here for more information and to register.
The new Casemaker launches Friday
Casemaker legal research has a fresh new look! All the great features you rely on are still available. To access the new Casemaker, go to the member login at www.scbar.org and enter your Bar ID and password. A user guide and video tutorial are available on the Casemaker page to help you navigate its new features. To ease the transition from the old version to the new, you can still access the old version by clicking the “Back to 2.2” link after logging in. If you haven’t tried the new version yet, give it a whirl! For Casemaker assistance, contact firstname.lastname@example.org.
Self-Represented Litigant Child Support Modification Packets
Chief Justice Jean Toal approved the Self-Represented Litigant Child Support Modification Packets for use in the Family Courts of South Carolina. The new forms and packets can be retrieved here. To view the complete order, click here.
Court form revision posted
The Proposed Parenting Plan has been revised and approved for use in S.C. Family Courts. The previous form approved on Aug. 17, 2012, was revised to include a joint custody option in the Custody section of the form. The revised form can be found here. To view the complete order, click here.
The S.C. Bar Trial and Appellate Advocacy Section is seeking nominations for its award, which recognizes a lawyer who has demonstrated outstanding commitment to trial and appellate advocacy in the legal profession. The deadline to submit nominations is Nov. 1. For nomination criteria and instructions, click here.
Fourth Circuit Court of Appeals summaries
Members of the South Carolina Law Review have summarized newly published cases from the Fourth Circuit Court of Appeals. The summaries can be found here.
Cloud services that solve real problems
CoreVault’s cloud backup, recovery and hosting services provide law firms nationwide with high availability, maximum security, 24/7 customer care and reduced costs. Learn why CoreVault is recommended to more than 500,000 attorneys. For a customized cloud solution and price quote, click here or call (866) 981-5949.
Bar Foundation grantee breakfast inspires!
You cannot think yourself into a new way of living, you must live yourself into a new way of thinking. That was the message about 130 Charleston lawyers took away from a grantee breakfast showcasing three local grantees: The Center for Heirs’ Property Preservation, Crisis Ministries and S.C. Legal Services’ Charleston office. John Drennan provided an inspiring message that reminded attendees to live in the now and to not fear the future, and the importance of avoiding alcohol and drug abuse. Thank you to our generous sponsors: SCBT, SunTrust, Regions Bank, TD Bank and Wells Fargo, as well as to our table captains and host committee. If you weren’t able to attend, you can still help these organizations continue to impact the Lowcountry by making your gift to the Bar Foundation. All event gifts will be utilized for the betterment of CHPP, Crisis Ministries and SCLS’ Charleston office. Help us so we can help them.
The Hispanic Alliance Legal Team, in collaboration with Catholic Charities, S.C. Legal Services, Greenville Technical College and USC Upstate, is seeking volunteers to help with three pro bono legal clinics in which attorneys will assist students with the deferred action application process. Clinics are scheduled from 9 a.m. to 3 p.m. on the following dates: Sept. 8 (Greenville Technical College, NW Campus), Sept. 16 (McAlister Square) and Sept. 22 (McAlister Square). For more information, contact Michael Cullinan at email@example.com.
Advance Sheet update
August 28, 2012
The S.C. Supreme Court affirmed the circuit court's order finding that Andrew Ballard, as a minority shareholder of Warpath Development, Inc., had been oppressed pursuant to Section 33-14-300(2)(ii) of the S.C. Code (2006) and ordering the purchase of his shares at fair market value. The Court also affirmed the holding requiring the majority shareholders to place 60,000 shares of Warpath stock in escrow in accordance with Section 33-6-210(e).
Ballard v. Roberson, No. 27161, is available online.
Justice Pleicones dissented in a separate opinion in which Chief Justice Toal concurred.
In this case, the appellant was convicted of conspiracy to traffic 400 or more grams of methamphetamine and sentenced to 28 years imprisonment. The Court reversed and held the trial court improperly limited the scope of the defense counsel's cross-examination of the state's witnesses, using this case to clarify the directive issued in State v. Brown, 303 S.C. 169, 399 S.E.2d 593 (1991). “The fact that a cooperating witness avoided a mandatory minimum sentence is critical information that a defendant must be allowed to present to the jury.”
State v. Gracely, No. 27165, is available online.
The Court affirmed a master's order declining to set aside a judicial sale. The Court found no abuse of discretion in the master's finding that the respondent's bid was not so grossly inadequate as to shock the conscience. Additionally, the appellant failed to demonstrate gross inadequacy in the sales price as the record is devoid of evidence of the true value of the properties. The Court further found no abuse of discretion in the master's decision to sell the properties as a lot.
Arrow Bonding Company v. Warren, No. 27166, is available online.
Justice Kittredge concurred in result only. Justice Beatty dissented in a separate opinion in which Justice Hearn concurred.
The Court held the PCR judge erred in finding that a PCR applicant must show an appeal would likely have merit in order to show he was denied his right to a direct appeal. However, because there were no objections below to preserve issues for appellate review, the Court found the error was harmless.
Fleming v. State, No. 27167, is available online.
In this products liability case involving a neonatal heart monitor, the Court affirmed as modified the circuit court's order granting CAS's motion for summary judgment. The Court found that the circuit court erred in excluding the testimony of the neonatologist, but properly excluded the testimony of Graves' computer experts, as the experts improperly relied on reports of other failures to bolster their conclusions that software error was to blame. In the absence of expert testimony evidence, CAS was entitled to summary judgment.
Graves v. CAS Medical Systems, No. 27168, is available online.
The S.C. Court of Appeals affirmed the circuit court’s decision to direct a verdict in favor of the defendant. Alice Hancock died in an automobile crash as she drove away from a Wal-Mart. She was being chased by Derrick Jones, an employee of U.S. Security Associates, Inc., which provided security in the Wal-Mart parking lot pursuant to a contract with Wal-Mart. Judge Few affirms because decedent Hancock was more than 50 percent at fault. Writing separately, Judge Short affirms because the trial court correctly found no proximate cause as a matter of law.
Roddey v. Wal-Mart, No. 5028, is available online.
Judge Short concurred in a separate opinion. Judge Huff dissented in a separate opinion.
Martha B. Dicus, 63, of Charleston died August 26, 2012. Her obituary can be found here.
Catherine Leigh Hunter, 47, of Charleston died August 24, 2012. Her obituary can be found here.
Judge George William Jefferson, 81, of Columbia died August 25, 2012. His obituary can be found here.
Gail Duffie Stebbins, 57, of Augusta, Ga. died June 14, 2012. Her obituary can be found here.
By order of August 29 the Court imposed a public reprimand (with additional conditions) on Lawrence J. Purvis Jr. for misconduct which involved improper notarization of witness affidavits and presentation of those affidavits to the court.
By order of August 29 the Court imposed a public reprimand (with additional conditions) on Christopher Lance Sheek for misconduct including failure to act with reasonable promptness, representation of clients with a concurrent conflict of interest and failure to timely return a client’s file, resulting in prejudice to the client.
By order of August 29 the Court disbarred William Ashley Boyd (retroactive to July 14, 2011) for misconduct including failure to notify clients of his suspension from the practice of law, practicing law while under suspension and falsely identifying himself as another Bar member to the Workers’ Compensation Commission, the Bar and opposing parties.
By notice dated August 22 the Court invites comment regarding the reinstatement of Louis S. Moore within 60 days.
Attorney Suzanne E. Groff, Attorney and Mediator announces its relocation to 1816 Belgrade Ave., Ste. 101, Charleston 29407. (843) 406-7733.
Cleveland Law, LLC announces that Joshua D. Cagle has joined the firm as an associate located at 171 Church St., Ste. 310, Charleston 29401. (843) 577-9626.
Gaffney Lewis & Edwards, LLC announces that Robert C. Blain has joined the Isle of Palms office located at 1022 Carolina Blvd., 29451. (803) 790-8838.
Rob King, Ed Love and Brandon Smith announce the opening of King, Love & Smith, LLC located at 491 W. Cheves St., Florence 29501. (843) 407-5525.
McNair Law Firm, PA announces that Dan Butler has been elected shareholder in the Myrtle Beach office located at 2411 Oak St., Ste. 206, 29577, (843) 444-1107, Michael Weaver has been elected shareholder in the Columbia office located at 1221 Main St., Ste. 1800, 29201, (803) 799-9800, Cody Lenhardt has been named special counsel in the Charleston office located at 100 Calhoun St., Ste. 400, 29401, (843) 723-7831, and Kathleen Chewning has joined the Hilton Head Island office located at 23-B Shelter Cove Lane, Ste. 400, 29928, (843) 785-2171.
Peters, Murdaugh, Parker, Eltzroth and Detrick, PA announces that Austin H. Crosby has joined the firm located at 101 Mulberry St. E., Hampton 29924. (803) 943-2111.
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Government Law Section Council Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Bar Building
Administrative and Regulatory Law Committee Meeting, Bar Building
Health Care Law Section Council Meeting, Conference Call
Board of Governors Meeting, Bar Building
Mock Trial Training, Bar Building
Children's Law Committee Meeting, Bar Building
Elder Law Committee Meeting, Bar Building
Nominating Committee Meeting, Bar Building
We the People Training, Bar Building
Family Law Section Council Meeting, Bar Building
Project Citizen Training, Bar Building
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Judicial Qualifications Committee Meetings, Bar Building
Street Law Training, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.