October 11, 2012
October 11, 2012
Welcome to the South Carolina Bar's E-Blast!
October 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.
Deadline approaching for Rule 608 civil case contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in civil matters (post conviction relief and sexually violent predator actions included) are invited to submit applications for consideration. The link for the application and other documents concerning the civil case contract program is located on the front page of the SCCID website: www.sccid.sc.gov. All applications must be completed and received by SCCID no later than 5 p.m. on Oct. 15, 2012. Questions regarding the application process should be directed to the Commission.
How and Why Your Foundation Supports Domestic Violence Prevention
Bar Foundation support of domestic violence intervention allows legal services practitioners to serve a larger spectrum of the needs of domestic abuse victims. Many of the organizations funded by the Foundation also receive federal funds to support domestic abuse work. However, a portion of those funds are restricted and do not let the attorney file for child custody and support for his or her client. Bar Foundation funds can “fill that gap” so that the attorney has more opportunity to protect the client. We want our grantees that fight for domestic violence victims to know that we support them. You can show your support by registering to walk at the Walk Against Domestic Violence this Saturday in Finlay Park with Mayor Steve Benjamin. Or, make a gift to the Foundation today! Remember, it is the intent of the gift and not the amount that matters! Help us so we can help them.
Until October 30, you can get Casemaker+ for only $29/month or $299/year. Casemaker+ includes CaseCheck+, which tells you whether the case you are reading is still good law; CasemakerDigest, a daily summary that keeps you up to date on the latest cases in your practice area(s); and CiteCheck, the brief analyzer. To take advantage of this promotion, just click on the “Try CaseCheck+” banner at the top of the page while in Casemaker. Enter the promotion Code of 11KIH47HTQ. If you have any questions, call customer support at 877-659-0801.
Call for authors!
The South Carolina Lawyer magazine is seeking authors to write articles that appeal to a broad range of lawyers. If you are interested in writing an article, view the Memorandum for Authors and submit a proposal to firstname.lastname@example.org. Authors may receive two MCLE credit hours for articles that are at least 2000 words in length.
Recent publication release
S.C. Civil Procedure, Third Edition, 2012 Supplement, by Prof. James Flanagan, includes cases decided between Jan. 1, 2011, and July 1, 2012. The most important development during this period was the amendment of the discovery rules to add provisions for electronic discovery promulgated in April 2011. The purchase of the 2012 supplement includes a new CD, which contains the text of both the third edition and the 2012 supplement. If you do not already own S.C. Civil Procedure, Third Edition, click here.
YLD seeking nominations
YLD is seeking nominations for the positions of President-Elect, Secretary-Treasurer, Out-of-State Representative and odd-numbered Judicial Circuit Representatives. These positions will become vacant June 30, 2013. Nominations must be submitted by Oct. 31, 2012. Letters of nomination and a brief bio should be sent to Morgan Crouch at email@example.com, faxed to (803) 799-4118 or mailed to S.C. Bar YLD, Attn: Morgan Crouch, P.O. Box 608, Columbia, SC 29202. For more information, click here or call (803) 799-6653, ext. 135.
Save on an HP notebook built for business
Take advantage of your member benefits! Bar members have access to special pricing on a wide range of HP business products, including free U.S. ground shipping. In addition to everyday discounts for Bar members, HP is offering its top-of-the-line EliteBook 8460p Notebook for $1,199 through Oct. 31. That's a savings of $980! For details on this offer and other specials for S.C. Bar members, visit www.hp.com/go/statebar or call 1-888-202-4465 and mention STBAR.
Advance Sheet update
October 10, 2012
The S.C. Supreme Court reversed the decision of the SC Court of Appeals, finding that the emails in question did not meet the definition of “electronic storage” under the federal Stored Communications Act. The Court held that retaining a single copy of an opened email does not constitute as storing the email for backup protection under the Act.
Jennings v. Jennings, No. 27177, is available online.
Chief Justice Toal concurred in result in a separate opinion, in which Justice Beatty concurred. Justice Pleicones concurred in a separate opinion.
In this appeal, the Court affirmed the circuit court finding that, although the trial judge erred in issuing an improper jury instruction, appellant did not properly preserve the issue for appeal. Chief Justice Toal, writing in a separate opinion, concurred in the result finding: (1) appellant’s burden-shifting arguments were preserved, (2) the adequacy of the trial court’s overall instruction cured any possible constitutional deprivation, and (3) the State presented overwhelming evidence of appellant’s guilt rendering any error in the jury instruction harmless.
State v. Daniels, No. 27180, is available online.
Chief Justice Toal concurred in result in a separate opinion in which Justice Kittredge, Justice Hearn and Acting Justice E. C. Burnett, III, concurred.
By order dated October 10, the SC Supreme Court publicly reprimanded Patrick James Thomas Kelley for misconduct including failure to comply with CLE requirements and signing pleadings as attorney of record while suspended from practice.
By order of October 10, the Court issued a Public Reprimand to Eleazer R. Carter for misconduct including failure to diligently represent a client, failure to adequately communicate with the client, and engaging in conduct prejudicial to the administration of justice.
Petition for Reinstatement
Kelly C. Evans, disbarred retroactive to February 26, 2007, has petitioned for readmission to the Bar. In a notice dated October 4, the SC Supreme Court invites comment, to be received within 60 days.
Murphy & Grantland, PA announces that Jason P. Luther and Chad E. Poteat have joined the firm located at 4406-B Forest Dr., Columbia 29206. (803) 782-4100. Calendar
Elder Law Committee Meeting, Conference Call
Practice and Procedure Committee Meeting, Conference Center
Community Works Training, Bar Building
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Conference Call
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
South Carolina Lawyer Editorial Board Meeting, Conference Center
Senior Lawyers Division Nominating Committee Meeting, Conference Call
Middle School Mock Trial Regional Competitions
Administrative and Regulatory Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
Professional Responsibility Committee Meeting, 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.