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December 12, 2013

December 11, 2013

Welcome to the South Carolina Bar's E-Blast! 
December 12, 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.

Video testimonials: Lawyers Helping Lawyers can help
The holiday season can be challenging for us all. If you find you need help with depression, substance abuse or another stress-related concern, the Lawyers Helping Lawyers program can help. Call the confidential, toll-free helpline at (866) 545-9590, or call CorpCare at (855) GET-HELP (438-4357) for up to five free hours of counseling. Lawyers using either service will remain completely anonymous. Please
click here to view video testimonials and support for the Lawyers Helping Lawyers program.

Wanted: Your photos for the South Carolina Lawyer magazine!
Check out pages 46-47 of the November issue of South Carolina Lawyer for photos of your colleagues in action. We want to hear from you, too! Send an "action" photo of your community service or pro bono work to
lthomas@scbar.org for inclusion in an upcoming issue. To view the feature online, click here.

CLE post-Thanksgiving publications sale ends Friday
Don't miss out: the CLE post-Thanksgiving publications ends at 5 p.m. tomorrow, Dec. 13! Purchase up to four publications and take 15 percent off your order, or purchase five or more publications and take 25 percent off your order. View the sale by visiting the 
online publications store, and click here to see a list of titles excluded from the sale.

Early-bird Convention registration ends tomorrow
Register for the
2014 S.C. Bar Convention today to take advantage of the early-bird discount! Rates will increase after tomorrow, Dec. 13; sign up now and get great savings. Plus, check out the Convention sponsor spotlight:

Advance Sheet update
December 11, 2013
In this criminal appeal, the Court held the waiver rule is operative, but because Hepburn’s co-defendant’s testimony implicated her and Hepburn’s testimony merely rebutted that testimony, the Court decided not to consider either testimony in assessing the propriety of the trial court’s denial of Hepburn’s mid-trial directed verdict motion. Absent this testimony, the Court determined the State did not present substantial circumstantial evidence on which the trial court could have based the denial of Hepburn’s motion for directed verdict. Accordingly, the Court found the trial court erred in refusing to grant the appellant’s mid-trial motion for directed verdict and directed a verdict for acquittal.
State v. Hepburn, Op. No. 27336 (S.C. Sup. Ct. filed December 11, 2013) (Shearouse Adv. Sh. No. 52 at 17), is available
online.
Justice Pleicones concurred in result only.

In this post-conviction relief (PCR) case, the Court reversed the PCR judge’s dismissal of Jordan’s PCR application and remanded for a new trial. The Court determined the attorney’s concurrent representation of Jordan and the co-defendant constituted an actual conflict of interest and there was no probative evidence in the record to support the PCR judge’s finding that Jordan waived any potential conflict of interests.
Jordan v. State, Op. No. 27337 (S.C. Sup. Ct. filed December 11, 2013) (Shearouse Adv. Sh. No. 52 at 43), is available
online.

The Court affirmed the Court of Appeals’ decision reversing the trial court’s grant of summary judgment in favor of Standard Fire. The Court found the respondents were entitled to stack underinsured motorist coverage, despite an exclusion in the policy purporting to limit a Class I insured’s ability to “stack” when the vehicles insured under the policy were not involved in the accident. The Court remanded to the circuit court for further proceedings consistent with its opinion.
Carter v. Standard Fire Insurance Co., Op. No. 27340 (S.C. Sup. Ct. filed December 11, 2013) (Shearouse Adv. Sh. No. 52 at 77), is available
online
Justice Pleicones dissented in a separate opinion in which Justice Kittredge concurred.

Member discipline
By order of November 6 the Court placed Richard G. Wern on interim suspension and appointed the Receiver, Gretchen B. Gleason, to protect the interests of his clients. The Commission on Lawyer Conduct filed a Motion to Terminate Order of Receivership. By order of
December 6, the Court granted the motion, and Catherine F. Juhas is responsible for the representation of Mr. Wern’s clients.

By order of
December 11 the Court suspended Robert Lawrence Papa for three years (with additional conditions) for misconduct including failure to disclose conflicts of interest to clients and failure to obtain their informed consent as to conflicts of interest. 

By order of
December 11 the Court disbarred Michael Anthony Walker from the practice of law for misconduct including failure to promptly deliver funds to whom they were due and making false statements of fact.

Reinstatement sought
The Committee on Character and Fitness invites comment by February 9 on the petition for reinstatement of Robert A. Gamble.

In memoriam
John Kershaw deLoach Jr., 86, of Camden died December 8. His obituary can be found
here.

Firm announcements
Motley Rice, LLC announces that Sara Couch Bryant and Temitope “Tope” Leyimu have joined the Mt. Pleasant office located at 28 Bridgeside Blvd., 29464. (843) 216-9000.

The S.C. Supreme Court Staff Attorneys Office
announces that Sherrie Butterbaugh, Daniel CraigMary Abraham LucasBritni McCarsonSarah RandWilliam Schumacher IV and Ty Zeigler have joined the office located at 1231 Gervais St., Columbia 29201. (803) 734-1160.

Calendar
December 13
Dispute Resolution Section Council Meeting, Conference Call
Elder Law Committee Meeting, Conference Call
LRE Mock Trial Subcommittee Meeting, Conference Center
Professional Responsibility Committee Meeting, Bar Building

December 18
Workers' Compensation Section Council Meeting, Conference Call

December 19
Family Law Section Council Meeting, Conference Call

December 20
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

January 3
South Carolina Lawyer Editorial Board Meeting, Conference Center

January 10
Animal Law Committee Meeting, Conference Call
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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