December 18, 2012
December 14, 2012
Welcome to the South Carolina Bar's E-Blast!
December 18, 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.
Practice Management Advice
Need advice on starting up or winding down a law practice? We do that! Whether you are opening a new practice, office sharing, going solo, retiring or closing a firm, the Bar's Practice Management Advisor can help! Contact Courtney Kennaday at (803) 799-6653, ext. 183 or firstname.lastname@example.org or visit www.scbar.org/pmap.
Want to see your name in print?
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 email@example.com. Authors may receive two MCLE credit hours for articles that are at least 2000 words in length.
Deadline approaching in Rule 608 civil case contract application period
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.
PMAP–Your guide to …
Tech tips. Using technology in your law practice can simplify tedious tasks, eliminate unnecessary stress and save you money! Even better, many of the tech tools that can save you time are available for free. Check out Three Tech Tips to Save Time and Money for a rundown on tools that will help you schedule meetings with a group, share multiple links with colleagues and comparison-shop for new technology. PMAP is free practice management advice for Bar members. For more information, call (803) 799-6653, ext. 183 or e-mail firstname.lastname@example.org.
Harold Jacobs to be honored with DuRant Award
The Bar Foundation Board of Directors is pleased to announce that Harold Jacobs has been named as the 2012 DuRant Distinguished Public Service Award recipient. Jacobs is senior counsel at Nexsen Pruet. His selection was based upon his meritorious service to both the legal profession and his community. The Foundation will bestow this honor on Jan. 25 at the S.C. Bar Convention’s plenary luncheon. To attend the celebration of this most deserving member of the legal profession, be sure to register for the Bar Convention and purchase a luncheon ticket. Tribute gifts commemorating the occasion can be sent to the Foundation at P.O. Box 608, Columbia, SC 29202 or made online. Simply note that the gift is in honor of Mr. Jacobs. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.
Advance Sheet update
December 12, 2012
The S.C. Court of Appeals affirmed Larry Bradley Brayboy’s convictions of armed robbery, kidnapping and assault and battery of a high and aggravated nature. Brayboy argued that the trial court erred in limiting his examination of a co-defendant for impeachment purposes about a prior conviction. The court found no reversible error, as the trial court indicated its consideration of whether the probative value of the conviction was substantially outweighed by the danger of unfair prejudice and ruled accordingly. The court further found that, if the trial court erred, it was harmless beyond a reasonable doubt owing to Mr. Brayboy’s multiple convictions.
State v. Brayboy, No. 5060, is available online.
Judge Lockemy concurred in result only.
On cross-motions for summary judgment, the court reversed the grant of partial summary judgment, costs and attorney's fees to William and Mary Frances Walde, as assignees of Johnson Construction Company of Aiken, Inc. (Johnson). The court held that AIC had no duty to defend Johnson against the Waldes' claim under the unambiguous terms of the policy and AIC was not liable for the fees and costs sought by the Waldes. Because the court found AIC had no duty to defend Johnson, they did not address AIC's remaining arguments and issues.
Walde v. Association Insurance Company, No. 5061, is available online.
In this appeal from the Administrative Law Court, the court reversed and remanded the ALC's grant of summary judgment. The court found that Regulation 61-30 regarding fees applies to Regulation 61-101 regarding water quality certification. Because of that finding, it was unnecessary to determine DHEC's arguments and additional sustaining grounds regarding waiver.
Duke Energy v. SCDHEC, No. 5062, is available online.
In this cross-appeal regarding malicious prosecution, the court affirmed on all issues except Resolution Management Consultants’ (RMC) claim that the trial court erred in charging the jury. The court found that the erroneous jury charge permitted the jury to award damages based on a lack of probable cause for any one of the claims RMC asserted against Broyhill, while the law forbids recovery unless Broyhill proved a lack of probable cause for all of them. The court reversed the judgment against RMC and remanded for a new trial.
Broyhill v. Resolution Management Consultants, No. 5063, is available online.
Judge Short concurred in part and dissented in part.
In this alimony modification appeal, the court affirmed the family court's ruling that Ray King did not prove a substantial change in circumstances justifying a reduction of alimony. The court agreed with the family court that Mr. King’s income has increased since 2005 and that earnings from Gold Medal Fabrics should be imputed to him.
King v. King, No. 5064, is available online.
Barnes Alford Stork & Johnson, LLP announces that Catherine Ava Kopiec has joined the firm located at 1613 Main St., Columbia 29201. (803) 799-1111.
Barnwell Whaley Patterson & Helms, LLC announces its relocation to 288 Meeting St., Charleston 29401. (843) 577-7700.
McCutchen, Mumford, Vaught, O’Dea & Geddie, PA announces that Luther O. “Mac” McCutchen IV has joined the firm located at 4610 Oleander Dr., Ste. 203, Myrtle Beach 29577. (843) 449-3411.
Nelson Mullins Riley & Scarborough, LLP announces that Michael F. Johnson has joined the Greenville office as of counsel located at 104 S. Main St., Ste. 900, 29601. (864) 250-2300.
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
Ethics Advisory Committee Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at email@example.com or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.