December 13, 2012
December 12, 2012
Welcome to the South Carolina Bar's E-Blast!
December 13, 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.
Constitution and Bylaw amendments proposed
By order of May 7, 2012, the S.C. Supreme Court amended Rule 410, South Carolina Bar, SCACR, with an effective date of January 1, 2013. Resulting revisions to the Bar Constitution and Bylaws will be considered by the House of Delegates in January. The House will also consider changes to the Bylaws to reflect the creation of Law Student Affiliate and Member Affiliate categories. This notice was originally published in the December issue of S.C. Bar News. To review the full text of the proposed amendments, visit http://bit.ly/X8Wi8G.
Bar sponsors educational program for S.C. media
On Wednesday the Bar held a Law School for Journalists program at the Bar Conference Center to foster communication as well as a greater understanding of legal issues among the local media. The program covered such topics as criminal procedure, civil procedure, FOIA and lawyer ethics, and included remarks by S.C. Supreme Court Chief Justice Jean Toal. Approximately 45 media representatives from across the state attended. Thank you to speakers Judge James Barber, Jay Bender, Charles Boykin, Lee Coggiola, Judge Shiva Hodges, Dan Johnson, Ashley Pennington, Marvin Quattlebaum, David Stanton, Pete Strom and Chief Justice Jean Toal, as well as program chair Toyya Brawley Gray.
Application period open 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. This notice is for contracts in the 20 counties not previously noticed in September. The link for the application and other documents concerning the civil case contract program is located on the home page of the SCCID website. Please note some changes have been made to the contract language concerning the amount of malpractice coverage required. All applications must be completed and received by SCCID no later than 5 p.m. on Dec. 26. Questions regarding the application process should be directed to the commission at (803) 734-1343.
Notice to all attorneys registered in the SCCID system
The SCCID website (sccid.sc.gov) will be down for maintenance from Dec. 28, 2012, through Jan. 1, 2013. Vouchers cannot be entered, viewed or processed during this time. Please submit all year-end vouchers prior to Dec. 27.
S.C. Commission on Indigent Defense seeks candidates
Candidates seeking to apply for a four-year term as the Circuit Public Defender for the Sixth Judicial Circuit should go to www.jobs.sc.gov to complete on online application and receive further details. Contact Hugh Ryan at (803) 734-1338 with questions.
Important reminder for law firms accepting credit cards
On Jan. 1, 2013, a new IRS rule goes into effect for credit card processors requiring them to report gross credit card transactions to the IRS. If your law firm accepts credit cards as payment, there are things you should verify with your payment processor before Jan. 1. For more details and links to helpful resources, read “The IRS, Your Credit Card Processor, and You” at SCSmallFirm.com.
Volunteers needed for High School Mock Trial
The Law Related Education Division is seeking volunteers to serve as attorney coaches for the High School Mock Trial program. The following high schools need attorney coaches for the 2013 program: Aiken, Montessori School of Anderson, Governor’s School for Science and Mathematics (Darlington), Summerville, Wilson (Florence, two teams), Woodmont International Bacalaureate (Greenville), Hilton Head Christian, Carolina Forest (Myrtle Beach), Irmo, Edisto (Orangeburg), Wade Hampton (Greenville), CE Murray (Williamsburg) and Hemingway (Williamsburg). All attorney volunteers earn pro bono credit for their hours dedicated to the Mock Trial program. To learn more or volunteer, contact Cynthia H. Cothran at firstname.lastname@example.org or (803) 252-5139.
Join the Solo & Small Firm Section!
Solo & Small Firm Section Chair John S. Nichols lists his top three reasons for becoming a member: "Networking, networking, networking! Also, with the listserv, CLEs and social events, you enjoy the benefits of a larger firm while staying true to your small firm nature. Join today!” Don’t forget to check the appropriate box and include $20 on your license fee statement to be a part of this fun group. If you have questions, contact Courtney Kennaday at email@example.com.
Court form changes
The S.C. Judicial Department posted revisions to the Juror Summons Form (SCCA 235) and approved it for use in the Circuit Courts of South Carolina. View the complete order online.
Bar Foundation 2012 Annual Report now available!
The Bar Foundation's FY 2012 annual report is now available online. Read about grant support in excess of $1.7 million and the first of many regional grantee gatherings, and celebrate the donors who helped make it all happen. We are the Heart of the Bar. These are our stories. Download our donor form or make a gift online today.
Advance Sheet update
December 12, 2012
In this products liability case, the S.C. Supreme Court denied a petition for rehearing and substituted this opinion for the opinion previously filed on August 29, 2012. The Court affirmed as modified the circuit court's order granting CAS's motion for summary judgment, finding that, although the circuit court erred in excluding the testimony of the neonatologist, it properly excluded the testimony of the Graves' computer experts.
Graves v. CAS Medical Systems, No. 27168, is available online.
The Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in In re Tracy B., 391 S.C. 51, 704 S.E.2d 71 (Ct. App. 2010). The Court dismissed the writ as improvidently granted.
In the Interest of Tracy B., No. 27199, is available online.
The Court affirmed the circuit court's order granting declaratory judgment in favor of the parent and authorizing a student who resides in Berkeley County to enroll in the Academic Magnet High School located in the Charleston County School District, provided she purchase real property in the Charleston County School District with a tax-assessed value of $300 or more.
Storm M.H. v. Charleston County Board of Trustees, No. 2720, is available online.
Justice Pleicones dissented in a separate opinion. Justice Beatty dissented in a separate opinion.
By order of December 12, the Court suspended Chad Brian Hatley from the practice of law for two years (retroactive to September 28, 2011), for violations of, inter alia, Rules 1.3, 1.8 and 1.15 of the S.C. Rules of Professional Conduct.
By order of December 7, the Court suspended Charles E. Houston Jr. from the practice of law due to his continued civil contempt of a prior discipline order.
By order of December 7, the Court accepted the resignation from the Bar of Jean Croughan Gillis.
By order of December 6, the Court reinstated Ruby Rucker Cooper to the practice of law.
By order of December 12, the Court reinstated William H. Jordan the practice of law in South Carolina subject to specific conditions.
By order of December 12, the Court reinstated Benjamin McClain Jr. to the practice of law subject to conditions.
Nelson Mullins Riley & Scarborough, LLP announces that Jarrett Coco, Adam Hegler, David Paavola, Brandon Smith and Blake Williams have joined the Columbia office located at 1320 Main St., 17th Floor, 29201. (803) 799-2000.
Elder Law Committee Meeting, Conference Call
Practice and Procedure Committee Meeting, Bar Building
Family Law Section Council Meeting, Conference Call
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
South Carolina Lawyer Editorial Board Meeting, Conference Center
Administrative and Regulatory Law Committee Meeting, Bar Building
Health Care Law Section Council Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Bar Building
We the People: The Citizen and the Constitution Competition
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 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.