April 3, 2014
April 01, 2014
Welcome to the South Carolina Bar's E-Blast!
April 3, 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 today at the Bar building.
Under the consent agenda, the Board approved a recommendation to sunset the Insurance Programs Committee and a request from the Environment and Natural Resources Section to co-sponsor a seminar in name only.
The Board also approved:
• a request from the Solo and Small Firm Section to create an award honoring a solo practitioner or small law firm;
• the creation of the Future of the Legal Profession Working Group and Lawyer Wellness Task Force; and
• a recommendation to set the number of members of the S.C. Bar Foundation Board of Directors at 15.
Draft Bar and CLE budgets for fiscal year 2014-15 were approved and will be considered by the House of Delegates in May.
The Board received a report on options for reapportionment of the House of Delegates, which occurs every 10 years as set forth in the Bar Constitution. The House will receive a recommendation in May.
The Board received a presentation on legal research benefits. A recommendation regarding the Bar's member benefit will go before the House in May.
The Board ratified an earlier decision by the Executive Committee, made at the request of the Unauthorized Practice of Law Committee, to oppose legislation expanding representation by non-lawyers in magistrate's court.
The Board received the resignation of Leah Moody as Secretary. Moody is a candidate to become a Circuit Court Judge.
Chief Justice Toal to deliver State of the Judiciary
Chief Justice Jean H. Toal will deliver her State of the Judiciary address to the General Assembly on April 9 at noon. Her speech will be broadcast live on the Internet and will be archived for later viewing. The live broadcast can be accessed from the S.C. Legislature website. A link to the archived version will be posted to the S.C. Judicial Department's webiste following the address.
Bar PMAP Director honored
S.C. Bar PMAP Director Courtney Kennaday has been nominated to become a Fellow of the College of Law Practice Management. This October she will join 200 Fellows from around the world recognized for outstanding contributions in the law practice management profession.
MCLE suspension deadline April 15
More than 300 lawyers have not yet established compliance with the 2013-2014 MCLE requirements. Pursuant to Rule 419, SCACR, if these lawyers do not earn sufficient accredited CLE hours (or have carry-forward hours from the previous reporting period), file their reports and pay the fees by April 15, 2014, they will be suspended from the practice of law by order of the S.C. Supreme Court. Compliance reports and fees must be received in the Commission’s office by Tuesday, April 15, to avoid suspension; it is not sufficient if they are mailed by this date. Questions should be directed to the Commission at (803) 799-5578 or firstname.lastname@example.org. For those members still needing live seminar hours, the S.C. Bar CLE Division is holding video replays on April 4 and April 11.
Mark your calendars—Midlands Gives, May 6
On May 6, Midlands Gives will be focusing on philanthropy—supporting not only the Bar Foundation, but also other participating Midlands nonprofits that make the community vibrant. Midlands Gives is a 24-hour, local, online giving challenge designed to increase philanthropic giving in the Midlands. Every donation of $20 or more will be multiplied if you donate to the Bar Foundation through www.midlandsgives.org, making your dollar go even further! Magnify the Midlands with the Bar Foundation by adding Midlands Gives to your Outlook calendar or Facebook events.
Advance Sheet update
April 2, 2014
After certifying this case for review pursuant to Rule 204(b), SCACR, the S.C. Supreme Court reversed the order of the trial court and concluded the agreement at issue unambiguously prohibited the University from requiring Lee to pay the seat license fee as a prerequisite for the opportunity to purchase tickets. Accordingly, the Court remanded for entry of judgment in favor of Lee.
Lee v. University of South Carolina, Op. No. 27372 (S.C. Sup. Ct. filed April 2, 2014) (Shearouse Adv. Sh. No. 13 at 25), is available online.
Justice Pleicones dissented in a separate opinion.
The Court affirmed the grant of summary judgment in favor of USAA in this action to determine coverage under an automobile insurance policy issued in Florida. The Court agreed with the circuit court that the family member exclusion contained in the automobile policy, being valid under both Florida statutory authority and Florida public policy considerations, "is not void as against our public policy when applied in this South Carolina litigation." The Court also determined the circuit court did not err in finding the injured child could not recover under the policy’s underinsured motorist provision.
Green v. USAA, Op. No. 27373 (S.C. Sup. Ct. filed April 2, 2014) (Shearouse Adv. Sh. No. 13 at 32), is available online.
The Court reversed the circuit court’s finding that this action was precluded by collateral estoppel and res judicata, but affirmed the circuit court’s determination that the Gambling Cruise Act does not authorize the Catawba Indian Nation to offer video poker on its reservation in contravention of the existing statewide ban on video gambling devices.
Catawba Indian Nation v. State, Op. No. 27374 (S.C. Sup. Ct. filed April 2, 2014) (Shearouse Adv. Sh. No. 13 at 37), is available online.
By order of April 1 the Court placed Michael Frank Johnson on interim suspension. Peyre Lumpkin, Receiver, has been appointed pursuant to Rule 31, RLDE.
In memoriam (corrected link)
The Hon. Wade S. "Chip" Weatherford III, 67, of Gaffney died March 31. His obituary can be found here.
Francis M. Mack announces his retirement from Richardson Plowden & Robinson, PA located at 1900 Barnwell St., Columbia 29201.
Moore Ingram Johnson & Steele, LLP announces the relocation of the Charleston office to 885-B Island Park Dr., Charleston 29492. (843) 302-0002.
Thomas & Brittain, PA announces that Leah Montgomery Cromer has joined the firm located at 1314 Professional Dr., Myrtle Beach 29577. (843) 692-2628.
Turner Padget Graham & Laney, PA announces that Rhame B. “Chip” Cannon has joined the Charleston office located at 40 Calhoun St., Ste. 200, 29401, (843) 576-2800 and Langdon Cheves III has joined the Greenville office located at 200 E. Broad St., Ste. 250, 29601, (864) 552-4600.
Administrative and Regulatory Law Committee Meeting, Bar Building
Free legal clinic: End of Life Issues (Pacolet)
Free legal clinic: Landlord/Tenant Law (Myrtle Beach)
Employment and Labor Law Section Council Meeting, Conference Call
LRE Mock Trial Evaluation Meeting, Bar Building
Government Law Section Council Meeting, Conference Call
Elder Law Committee Meeting, Conference Call
International Law Committee Meeting, Conference Call
LRE Mock Trial Subcommittee Meeting, Conference Center
Practice and Procedure Committee Meeting, Bar Building
Free legal clinic: Workers' Compensation (Spartanburg)
Free legal clinics: End of Life Issues (Aiken); Wills, Estate and Probate (Florence)
LRE Awards Subcommittee Meeting, Bar Building
Family Law Section Council Meeting, Conference Call
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
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.