January 24, 2014
January 22, 2014
Welcome to the South Carolina Bar's E-Blast!
January 24, 2014
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.
Board of Governors meets
The Board of Governors met January 23 during the Bar Convention.
The Board agreed to continue Bar media efforts to counter attacks on the legal profession.
The Board addressed administrative matters related to the launching of the Law Student Affiliate Division.
The Board approved outreach efforts of the Elder Law Committee and participation by the Law Related Education Committee in the U.S. Attorney's Law Enforcement Safe Schools Group.
House of Delegates meets
The House of Delegates met January 23 during the Bar Convention.
Increases were approved for the 2015 license fees and Lawyers' Fund for Client Protection assessments. The latter was presented by Edward Pritchard who reviewed the recent drain on the Fund by some large thefts by a few lawyers. The amount of the assessment will be reviewed before presenting a recommendation next January. The LFCP Committee was to increase by two members to keep up with the volume of matters coming to the Committee. The proposed increases will be forwarded to the Supreme Court.
A proposal from the Practice and Procedure Committee to require payment of witness fees only upon arrival of the witness was approved and will be sent to the Court. Chair Matthew Christian presented the item. A request from the Committee to permit Clerks of Court to compel discovery when there has been no response from the opposing party was defeated by the House.
Proposals from the Professional Responsibility Committee to permit draws on electronic transfer of fees (presented by Bill Higgins) and to address disclaimers in lawyer advertising (presented by Steedley Bogan) were approved. Both will go to the Court.
The resolution concerning establishing principles for law schools in the state and establishing a review of the pending sale of the Charleston Law School was first presented by John Robinson but moved by Leeds Barroll. A substitute resolution was adopted which will be further explained in a subsequent E-Blast.
Legislative initiatives approved were restrictions on the shackling of youths in Family Court (presented by Jay Elliott), support for a Vulnerable Adult Guardian Program (presented by Michael Bridges) and support for requiring recording of suspect questioning and interrogation in certain circumstances (presented by Joe McCulloch).
The House supported creation of diversity scholarships for the USC School of Law from surplus Lawyer Referral Service funds. David Whittington presented the item on behalf of the Task Force on Diversity.
Nominated to the Commission on CLE and Specialization were Debbie Whittle Durbin, William G. Newsome III, Scott W. Hutto and J. Rene Josey. The nominees will be presented to the Court.
The House received reports from President Alice Paylor and Bar Foundation President Bev Carroll. The Construction Law Section Bylaws were amended. November financial statements were received.
Pro Bono Committee seeks nominations for Pro Bono Lawyer of the Year Award
The S.C. Bar Pro Bono Committee is seeking nominations for the 2014 Pro Bono Lawyer of the Year Award. The Bar presents awards annually to individual lawyers, law firms and institutions in the legal profession that have demonstrated outstanding commitment to volunteer legal services for the poor and disadvantaged. If you know someone who should be considered, complete the application and return it to S.C. Bar, Attn: Pro Bono Awards, P.O. Box 608, Columbia, SC 29202, by Feb. 14. The award will be presented at the Foundation Gala in March.
Call for nominations: Ellen Hines Smith Legal Services Lawyer of the Year Award
It's time to submit nominations for the Ellen Hines Smith Legal Services Lawyer of the Year Award. The award, in memory of Ellen Hines Smith of Spartanburg, recognizes a lawyer who has demonstrated commitment to the development and delivery of quality legal services to the poor in South Carolina. Nominations will be accepted through Jan. 31. For more information, contact Robin Wheeler at firstname.lastname@example.org or (803) 576-3808.
Beware phishing scams: important reminders
A recent article by Mark Bassingthwaighte, Risk Manager for ALPS, reminds lawyers of the signs of phishing attempts and how to prevent the scams from happening at their firms. Bassingthwaighte emphasizes that no matter how sophisticated security systems are, the user will always remain a vulnerability, and thus awareness and training continue to be key. Read the complete article online. The article was originally published at www.attorneyatwork.com and is being used with permission from the author.
Cole Scholarship applications for February CLE seminars due Jan. 27
Applications for Ronnie M. Cole Scholarships for February seminars are due Jan. 27. The fund provides scholarships to lawyers who need help with the cost of required CLE seminars necessary to maintain their law licenses. The scholarships will be used to attend qualifying courses offered by the S.C. Bar CLE Division. Any member of the S.C. Bar, in good standing, is eligible for a scholarship. Download the application and submit it to Juliana Sobey.
Advance Sheet update
January 22, 2014
In this appeal, the S.C. Supreme Court determined the admission of Henson’s codefendant’s redacted confession during a joint jury trial violated Henson’s rights under the Confrontation Clause. The Court opined the jury could infer from the face of the confession that it referred to and incriminated Henson. Accordingly, the Court reversed and remanded for a new trial.
State v. Henson, Op. No. 27354 (S.C. Sup. Ct. filed January 22, 2014) (Shearouse Adv. Sh. No. 3 at 15), is available online.
Several citizens groups filed suit against a cruise ship operator alleging nuisance and zoning claims and seeking an injunction. In its original jurisdiction, the Court determined these groups lacked standing and granted Carnival’s motion to dismiss.
Carnival Corp. v. Historic Ansonborough Neighborhood Assoc., Op. No. 27355 (S.C. Sup. Ct. filed January 22, 2014) (Shearouse Adv. Sh. No. 3 at 27), is available online.
By order of January 14 the Court placed Charles Lee Anderson on interim suspension.
Robert Lander Cork, 86, of Valdosta, Ga. died December 16, 2013. His obituary can be found here.
The Carolina Law Group announces the opening of an additional office located at 210 W. Poinsett St., Greer 29650, (864) 757-5555. Mitchell K. Byrd Jr. has joined the firm at the Greer location.
Harrison, White, Smith & Coggins, PC announces that Michael Q. Gault has joined the firm located at 178 W. Main St., Spartanburg 29306. (866) 543-6903.
James E. Smith Jr., PA announces that Ashley K. Kerr has joined the firm located at 1422 Laurel St., Columbia 29201. (803) 933-9800.
Melissa F. Brown, LLC announces that Jonathan W. Lounsberry has joined the firm as an associate located at 145 King St., Ste. 405, Charleston 29401. (843) 722-8900.
Nelson Mullins Riley & Scarborough, LLP announces that Sean Faulkner and Mike Johnson have been elected partners and Jay Rogers has joined the Greenville office located at 104 S. Main St., Ste. 900, 29601. (864) 250-2300.
The Pflug Law Firm, LLC announces that William Henry Kleindienst has joined the firm as an associate located at 211 Scott St., Mt. Pleasant 29464. (843) 647-7774.
The S.C. Criminal Justice Academy announces that Carol Summers has joined its staff as an attorney instructor located at 5400 Broad River Rd., Columbia 29212. (803) 896-7966.
Sherrill and Janes, PA announces that it is now Janes Law Firm, PA and remains located at 1500 Hwy. 17, N., Ste. 301, Surfside Beach 29575. (843) 238-8836.
Children's Law Committee Meeting, Bar Building
Law Related Education Committee Meeting, Bar Building
Administrative and Regulatory Law Committee Meeting, Bar Building
Free legal clinic: Family Law (Pacolet)
International Law Committee Meeting, Conference Call
Free legal clinic: Family Law (Spartanburg)
Free legal clinics: Wills, Estates and Probate (Landrum); End of Life Issues (Myrtle Beach)
Elder Law Committee Meeting, Conference Call
Practice and Procedure Committee Meeting, Bar Building
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