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September 11, 201

September 07, 2012

Welcome to the South Carolina Bar's E-Blast! 
September 11, 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.

Support for Depression, Anxiety and Substance Abuse
It can be very hard to ask for help. When the pain of depression, anxiety or substance abuse gets so intense that helplessness and hopelessness set in, asking for help can seem impossible. We understand and know how to help. If you or a colleague is feeling helpless, hopeless or having thoughts of suicide, call the S.C. Bar Lawyers Helping Lawyers program at (866) 545-9590 for confidential support and a referral for appropriate care.

Help make Mock Trial rock!
It's that time of year again! The Law Related Education (LRE) Division is seeking attorney volunteers for its growing Mock Trial programs, which teach middle and high school students about the legal system through trial role playing. Mock Trial volunteers enjoy the thrill of competition while scoring and presiding over trials. LRE needs attorney volunteers to score the competitions, attorney coaches to help prepare the teams and law student volunteers to help behind the scenes. Competition dates and locations are as follows: Nov. 3, Middle School Mock Trial Regional Competitions (Charleston, Conway, Greenville and Lexington); Dec. 7-8, Middle School Mock Trial State Competition (Lexington); Feb. 23, High School Mock Trial Regional Competitions (Charleston, Conway, Greenville and Lexington); and March 8-9, High School Mock Trial State Competition (Columbia). All attorney volunteers earn pro bono credit for their hours dedicated to the Mock Trial program. Click
here to sign up, or contact ccothran@scbar.org or (803) 252-5139 for more information.

BallotBox survey on behalf of the Judicial Merit Selection Commission for judicial candidates
The Judicial Merit Selection Commission requests input in the General Assembly's screening of four judicial candidates for the Family Court, 8th Circuit, Seat 3, for judicial office. The Commission must determine whether each candidate is qualified to serve, and in this regard, seeks the opinion of practicing attorneys, members of the judiciary and clerks of court as to each candidate's fitness for the bench. Please note that this request is separate and distinct from the phone survey responses which will still be requested of Bar members by the Bar's Judicial Qualifications Committee. However, the Commission will share the tabulated results with the Bar’s Judicial Qualifications Committee for this screening. To view the media release and list of candidates, click 
here

The Commission is trying this new procedure to gather input on each judicial candidate and has contracted with BallotBox Online, LLC to send an electronic survey to your e-mail address (provided in AIS) to obtain this information. Once you create your permanent password, you will electronically complete information about each candidate. The survey should take no more than 10 minutes, and you will receive a confirmation e-mail upon completion. Once you begin the survey, you are able to save your results, if needed, return to finish the survey and cast your ballot. Bar members' input, positive or negative, is a very important part of the screening process.

Contact the Commission directly with questions at (803) 212-6623. For larger law firms, please note that this is not a spam e-mail that your members are receiving. The e-mail was sent Sept. 10 and came from judicialmeritselection@ballotboxonline.com. The subject is "Judicial Merit Selection Commission online voting." You may need to adjust your computer filter to permit this e-mail. The ballot must be completed by noon on Sept. 27. Thanks for your participation in this process.

Save the date!
The Bar Foundation Gala will be held Friday, March 22, 2013, at the Columbia Marriott and will honor the Nifty Fifty of the S.C. Bar, the Ellen Hines Smith Legal Services Lawyer of the Year and the S.C. Bar Pro Bono Lawyer of the Year. Don’t miss this fun event complete with a cocktail reception, auction items and a delicious dinner. Table sponsorships will be available beginning in October. Tickets go on sale January 2013!

Volunteers needed for Moot Court competition
The Charleston School of Law's Moot Court Board is seeking volunteers to serve as judges for the Charleston School of Law 2L Moot Court Competition Sept. 14-15. To sign up, click 
here and enter the password "mootcourt."

PMAP–Your guide to …
Windows tips. We all do our best to keep our computer desktop and folders organized so that we don’t waste time searching for a particular file. However, even those with the best organizational skills sometimes can’t find the file they’re looking for. Instead of searching through all of your folders, sometimes the quickest way to find your file is by using a desktop search tool. Check out 
this article to learn more about some of the best desktop search tools available. PMAP is free practice management advice for Bar members. For more information, call (803) 799-6653, ext. 183 or e-mail pmap@scbar.org.

Advance Sheet update
September 5, 2012
This opinion, originally filed July 25, 2012, was withdrawn, substituted and refiled Sept. 5, 2012. The S.C. Court of Appeals reversed the trial court, finding the jury's decision that Jacobson was liable for tortious interference with a contract was unsupported by the evidence presented. The court also reversed the jury's award of punitive damages, as punitive damages are predicated on the existence of actual damages, and there were no other causes of action on which an actual damages award could be based. Because Jacobson's conduct was justified, the court declined to address the remaining elements of tortious interference with a contract and declined to address Jacobson's argument that he could not be held personally liable for the tort.
Broach v. Carter, No. 5006, is available online.

In this appeal concerning a property dispute, the court affirmed the trial court’s ruling, finding: ample evidence existed in the record regarding both experts' methods of surveying the properties and determining the boundaries; no motion for a directed verdict or JNOV was in the record on appeal and the issue was therefore unpreserved; even if the trial court erred in admitting alleged hearsay, it was harmless error; the trial court thoroughly explained its basis for determining the boundary, and reasonable evidence appeared in the record consisting of numerous plats and expert testimony to support the court’s decision; and the issue of bias was not preserved for review.
Williams v. Moore, No. 5029, is available online.

Wyndham Enterprises, LLC and Rodney Wyndham appealed the circuit court's affirmation of the City of N. Augusta Board of Zoning Appeals' (BZA) denial of the appellants' special exception request to sell fireworks. The court reversed, finding that BZA’s decision was not supported by competent, substantial and material evidence, and was based on opinion and speculation testimony. The court declined to address the appellants’ equal protection argument, as the decision to reverse was based upon the first issue on appeal.
Wyndham Enterprises v. City of North Augusta, No. 5030, is available online.

In this appeal of a conviction for Assault and Battery with Intent to Kill (ABWIK), the appellant argued that the trial court erred in instructing the jury that it could infer malice from the use of a deadly weapon. The court affirmed, holding that because no factual evidence existed on the record that would reduce, mitigate, excuse or justify an ABWIK conviction, the jury instruction was proper.
State v. Price, No. 5031, is available online.
Judge Huff dissented in a separate opinion.

In this appeal from the Workers’ Compensation Commission, the court applied the four-factor Wilkinson test to determine whether an employment relationship existed between a traveling exotic dancer and the nightclub in which she worked on the evening she was injured. The court affirmed the trial court’s decision that such a relationship did not exist since the dancer had control over the manner in which she worked, did not receive money from the club and was not subjected to any firing rules typical of a business’s right to terminate. The court found the “furnishing of equipment” factor inapplicable in analysis of this case.
Lewis v. L.B. Dynasty, No. 5032, is available online.
Judge Short dissented in a separate opinion.

Interim suspension lifted
By order of September 7 the Court lifted the interim suspension of Jonathan L.B. Davis.

In memoriam
Danny Earl Allen, 65, of Spartanburg died September 7, 2012. His obituary can be found
here.

Phillip Michael Grier, 70, of Lorton, VA died August 10, 2012. His obituary can be found
here.

The Hon. Baxter "Hicks" Harwell Jr., 79, of Florence died September 9, 2012. His obituary can be found
here.

Member resignations
By order of September 10 the Court accepted the resignation from the Bar of Carolyn B. Branan.

Sherrye Carradine no longer meets the requirements of Rule 405, SCACR, and is thus no longer a Bar member.

Member reinstatement
By order of September 6 the Court reinstated Thomas A. Jones III to the active practice of law.

Firm announcements
The Bright Matthews Law Firm, LLC announces its relocation to 205 E. Washington St., Walterboro 29488. (843) 549-6028.

Kernodle, Root & Coleman
announces that Sarah L. Fragale has joined the James Island office located at 914 Folly Rd., 29412. (843) 795-7800.

Rob Sneed announces the closing of Rob Sneed Law Firm, LLC in Greenville. He is an Army attorney and works at the Office of Chief Defense Counsel, Pentagon, Arlington, VA. He can be reached at P.O. Box 17221, Arlington, VA 22216, (703) 696-9490, ext. 125 or
robert.sneed@osd.mil.

Calendar
September 13
Board of Governors Meeting, Bar Building
Mock Trial Training, Bar Building

September 14
Children's Law Committee Meeting, Bar Building
Elder Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Conference Center

September 18
Nominating Committee Meeting, Bar Building
We the People Training, Bar Building

September 20
Family Law Section Council Meeting, Bar Building
Project Citizen Training, Bar Building

September 21
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

September 24-27
Judicial Qualifications Committee Meetings, Bar Building

September 26
Street Law Training, Bar Building

October 9
Health Care Law Section Council Meeting, Conference Call

October 14
Elder Law 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. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.

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