December 3, 2013
December 02, 2013
Welcome to the South Carolina Bar's E-Blast!
December 3, 2013
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.
Donate to the Holiday Pet Food Drive
The S.C. Bar Animal Law Committee is collecting items for its 2013 Holiday Pet Food Drive. Items will be collected through Dec. 31 and donated to pet food pantries and animal shelters throughout the state. Find the complete list of supplies needed, drop off locations and contact information online.
2014 S.C. Bar Convention highlights
Join S.C. Bar President Alice Paylor at the President’s Welcome Reception on Thursday, Jan. 23, in The Sanctuary lobby. Register now and indulge in all the delicacies Kiawah Island has to offer! Plus, check out this week's Convention sponsor spotlight:
February 2014 Bar Exam laptop usage
Applicants interested in using laptops to complete their answers to the essay sections of the February 2014 S.C. Bar Examination must complete and submit the Request to Participate form to the Office of Bar Admissions no later than Monday, Dec. 30.
ADR certification renewals
ADR renewal applications were mailed Oct. 9, 2013. If you have recently changed your address in the Attorney Information System and have not received your renewal application, please contact Joan Brown at (803) 799-6653, ext. 138 or email@example.com. Applications must be postmarked by Dec. 31, 2013, to avoid incurring late penalties. In reference to the ADR renewal process, Andrea Hippely said: "This system is very easy and efficient to use—even for the computerly challenged! Your work really helps my practice and this year has been the best ever. As always, thank you LRS."
PMAP Practice Pointer
CLEs aren’t the only place to make new contacts. With the holidays coming up, extra networking opportunities (like local fundraisers or your county bar’s holiday party) are heading your way. Brushing up on your networking skills can turn holiday cheer into new business. Even if you’re a wallflower, these tips will have you networking like a pro in no time! PMAP offers free advice for law firms; contact firstname.lastname@example.org.
Today is Giving Tuesday!
We had Black Friday and Cyber Monday. Today is the day to give back this holiday season; it's Giving Tuesday! Help us show our appreciation for the most hard-working people we know: Bar Foundation grantees. Make your gift today.
On-campus interviews at USC School of Law
Employers are invited to sign up for on-campus interviews at the USC School of Law. To have a job posted or interview on-campus, please complete the registration form. For more information, call (803) 777-8479 or e-mail Susan Lamprey at email@example.com or Jill Kunkle at firstname.lastname@example.org.
Advance Sheet update
November 27, 2013
Brockmeyer appealed his convictions for murder and possession of a weapon during a violent crime, raising constitutional challenges to both the trial court’s refusal to enforce a subpoena concerning the identity of an Internet commenter and the admission of certain chain-of-custody testimony and other photographic evidence at trial. The S.C. Supreme Court certified this appeal pursuant to Rule 204(b), SCACR, and affirmed Brockmeyer’s convictions and sentences.
State v. Brockmeyer, Op. No. 27333 (S.C. Sup. Ct. filed November 27, 2013) (Shearouse Adv. Sh. No. 50 at 23), is available online.
Court of Appeals
This opinion, originally filed August 28, 2013, was withdrawn, substituted and refiled November 27, 2013. Smith appealed his convictions for voluntary manslaughter and possession with intent to distribute marijuana, asserting the trial judge erred in denying his motion for a directed verdict because the undisputed evidence showed he shot the victim in self-defense. The S.C. Court of Appeals affirmed, finding the State carried its burden to disprove the elements of self-defense beyond a reasonable doubt and that the trial judge properly denied Smith’s motion for directed verdict based on self-defense.
State v. Smith, Op. No. 5167 (S.C. Ct. App. filed November 27, 2013) (Shearouse Adv. Sh. No. 50 at 48), is available online.
Judge Lockemy concurred in a separate opinion.
In this contract dispute, the court reversed the trial court’s refusal to rescind the contract, finding the breach was substantial, was fundamental, and defeated the purpose of the contract. After determining there was no unreasonable delay precluding ZAN from seeking rescission, the court remanded for further proceedings to determine whether rescission would return both parties to their status quo prior to the contract. The court did not reach the remaining issues because the issue of rescission was dispositive of the appeal.
ZAN, LLC v. Ripley Cove, LLC, Op. No. 5183 (S.C. Ct. App. filed November 27, 2013) (Shearouse Adv. Sh. No. 50 at 58), is available online.
In this appeal from the Appellate Panel of the S.C. Workers’ Compensation Commission, the court determined the Appellate Panel did not err in relying on Crisp v. SouthCo. Inc., 390 S.C. 340, 701 S.E.2d 762 (Ct. App. 2010) (Crisp I), finding that although Crisp I was reversed by the Supreme Court in Crisp v. SouthCo. Inc., 401 S.C. 627, 738 S.E.2d 835 (2013), the Appellate Panel’s reliance on Crisp I was not an error justifying reversal because the proposition for which it was cited was not overturned by the S.C. Supreme Court and remains the law of this state. The court remanded for clarification concerning the existence of physical brain damage.
Baker v. Hilton Hotels and Ace American Insurance Co., Op. No. 5184 (S.C. Ct. App. filed November 27, 2013) (Shearouse Adv. Sh. No. 50 at 68), is available online.
In this workers’ compensation dispute, the court affirmed the Appellate Panel’s reliance on the doctor’s report and remanded for clarification concerning the existence of a physical brain injury and the existence of physical brain damage.
Fragosa v. Kade Construction, LLC, Op. No. 5185 (S.C. Ct. App. filed November 27, 2013) (Shearouse Adv. Sh. No. 50 at 76), is available online.
Hon. Walter James Bristow Jr., 89, of Columbia died November 30. His obituary can be found here.
By order of November 27 the Court suspended Scott Reynolds for nine months, with additional conditions, for misconduct including willful failure to comply with the terms of an accepted deferred discipline agreement.
By order of November 27 the Court publicly reprimanded Kevin Michael Hughes for misconduct including failure to act with reasonable diligence and promptness in the representation of a client.
The Mace Firm announces that Amy K. Raffaldt has joined the firm as an associate located at 1341 44th Ave., N., Ste. 205, Myrtle Beach 29577. (843) 839-2900.
Nelson Mullins Riley & Scarborough LLP announces that Lindsay Stewart has joined the Charleston office as an associate located at 151 Meeting St., Ste. 600, 29401. (843) 853-5200.
Rogers Townsend & Thomas, PC announces that Lucy Dinkins and Jordan T. Stallings have joined the Columbia office located at 220 Executive Center Dr., 29210. (803) 771-7900.
ADR Board of Arbitrator and Mediator Certification Meeting, Conference Call
Pro Bono Committee Meeting, Bar Building
Free legal clinic: Family Law Issues (Columbia)
Middle School Mock Trial State Competition, Marc Westbrook Judicial Center
Administrative and Regulatory Law Committee Meeting, Bar Building
Dispute Resolution Section Council Meeting, Conference Call
Elder Law Committee Meeting, Conference Call
LRE Mock Trial Subcommittee Meeting, Conference Center
Practice and Procedure Committee Meeting, Bar Building
Professional Responsibility Meeting, Bar Building
Workers' Compensation Section Council 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
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.