June 5, 2014
May 30, 2014
Welcome to the South Carolina Bar's E-Blast!
June 5, 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.
Get involved: Lend a hand with Sustained
In January the Bar unveiled Sustained, a program for members who are coping with the challenge of illness and the impact it has on their personal and professional lives. If you need assistance or would like to volunteer to help others by sharing your experience and support, please contact Beth Padgett at (803) 576-3801 or firstname.lastname@example.org. Members willing to become a part of the Sustained Network are assured of confidentially. Contact information will be provided only to a requesting fellow Bar member who may need your assistance.
Casemaker e-mail scam
Casemaker users in other states have reported receiving e-mails from Dave Achenbach indicating his product, QuaeroLex Desktop Organizer, integrates with Casemaker to “fully automate the download, naming and storage process.” This e-mail is not affiliated with Casemaker and appears to be either a virus or a scam someone is running on all legal publishers. Please be cautious of this e-mail and avoid opening links or downloads that could be malicious.
Join the Lawyer Referral Service!
The Lawyer Referral Service is a public service of the Bar offering a simple, inexpensive and practical method of introducing people with legal problems to qualified lawyers. It is now time for current members to renew. Members who have not renewed by June 30 will be taken off rotation automatically. LRS thanks its current membership and reminds all Bar members that they may join at any time. Read these instructions explaining how to renew or register for the first time. Contact Joan Brown with questions at email@example.com or (803) 573-3794.
Bar-supported bills signed into law
S 764 and S 440, two bills the S.C. Bar House of Delegates voted to support in January 2014, passed both bodies of the General Assembly and have been signed into law by Gov. Haley. S 764 creates the Vulnerable Adult Guardian ad Litem program within the Office on Aging in the Lt. Governor’s office. This program will recruit, train and supervise volunteers to serve as court-appointed guardians ad litem for vulnerable adults in abuse, neglect and exploitation proceedings. S 440 prohibits the use of restraints on juveniles appearing in court unless the restraints are necessary to prevent the juvenile from harming himself or others or if the juvenile is a flight risk. For legislative information, contact Kali Campbell Turner at firstname.lastname@example.org.
PMAP Tech Tip
Being active on social media sites can help attorneys network with other legal professionals and increase their websites' search engine rankings. But staying active on even the major social media outlets like Facebook and Twitter can sometimes seem like a full time job. There are social media management tools that will do some of the work for you. Read this article to find out if you really need a social management tool. Need some help making the most of your social media accounts while adhering to the Ethics Rules? Check out the Bar’s Lending Library for books on Facebook, Twitter and more. Contact PMAP for free assistance with your law practice at email@example.com.
Applications being accepted for Public Interest Law Loan Forgiveness Fund
The USC School of Law is accepting applications for its annual distribution of funds from the Public Interest Law Loan Forgiveness Fund. This fund was established in 2001 by retired USC Law Prof. William McAninch to help alleviate the high debt incurred by young lawyers dedicated to serving the public sector. Applications are due June 30. The application, rules and FAQs are available online or by contacting Pamela Robinson at (803) 777-3405 or firstname.lastname@example.org.
Deadline extended: Travel to London with SLD!
The deadline to sign up to travel to London with the Senior Lawyers Division has been extended to June 20. Stay at a first-class hotel in Kensington, and visit Old Bailey, the Inns of Court and more. Sightsee, shop and pub hop your way through the capital of England; local guides are provided, but plenty of time is available to explore on your own. The trip is open to all Bar members and a companion. Contact Nancy Layman at email@example.com or (803) 776-6999 with questions.
Visiting professorships for senior lawyers
The Center for International Legal Studies, in cooperation with law faculties in Eastern Europe and the former republics of the Soviet Union, are offering short-term appointments to up to 90 senior lawyers (those who have accumulated at least 15 years of significant practice experience in the area in which he or she proposes to lecture) in spring and fall 2015. Subject areas are not limited, but there is special interest in corporate and business law, intellectual property, litigation, arbitration and criminal procedure. The application deadline for new participants is Aug. 15. For more information, visit www.seniorlawyers.net.
Advance Sheet update
May 30, 2014
The S.C. Court of Appeals held it is inappropriate for courts to review the decisions of school administrators and school districts regarding how a student’s grade point average and class rank should be calculated, except on allegations of corruption, bad faith or a clear abuse of power. Since this case did not present a justiciable controversy, the court reversed the order of the trial court, superseded the trial court’s injunction and specifically permitted the school district to immediately recalculate the student’s GPA in accordance with its own interpretation of its grading policy as applied to the facts of this case.
Palms v. School District of Greenville, Op. No. 5237 (S.C. Ct. App. filed May 30, 2014) (Shearouse Adv. Sh. No. 22 at 76), is available online.
June 4, 2014
After granting the State’s petition for a writ of certiorari, the S.C. Supreme Court affirmed the decision of the Court of Appeals. In doing so, the Court held a videotape from a breath test site that lacks the audio portion of the reading of Miranda rights and the informed consent law does not satisfy the requirements of S.C. Code Ann. Sec. 56-5-2953(A)(2) (2006).
State v. Sawyer, Op. No. 27393 (S.C. Sup. Ct. filed June 4, 2014) (Shearouse Adv. Sh. No. 22 at 24), is available online.
Chief Justice Toal dissented in a separate opinion in which Justice Kittredge concurred.
The Court held the S.C. Competitive Cable Services Act (Act) does create a private cause of action. The Court, however, affirmed the circuit court’s denial of Horry Telephone Cooperative’s requested relief because the City of Georgetown’s denial of Horry Telephone’s multiple franchise applications to provide cable television was not a violation of the Act.
Horry Telephone Cooperative, Inc. v. City of Georgetown, Op. No. 27394 (S.C. Sup. Ct. filed June 4, 2014) (Shearouse Adv. Sh. No. 22 at 36), is available online.
After transferring this case pursuant to Rule 204(b), SCACR, the Court determined the circuit court did not err in: finding Holmes’ claims were barred by the statute of limitations; directing a verdict in favor of the respondents; denying Holmes’ request for a continuance; or in awarding sanctions against Holmes. The Court found Holmes abandoned all other issues on appeal.
Holmes v. Haynsworth, Sinkler & Boyd, Op. No. 27395 (S.C. Sup. Ct. filed June 4, 2014) (Shearouse Adv. Sh. No. 22 at 42), is available online.
Justice Pleicones concurred in a separate opinion in which Justice Beatty concurred.
This direct appeal involved a constitutional challenge to the Town of Hilton Head Island’s business license tax ordinance, which requires businesses within the town to pay an annual license fee based upon a business’s classification and gross income. In affirming the trial court’s finding the ordinance was valid, the Court emphasized the business license fee is an excise tax—not an income or sales tax.
Town of Hilton Head Island v. Kigre, Inc., Op. No. 27396 (S.C. Sup. Ct. filed June 4, 2014) (Shearouse Adv. Sh. No. 22 at 65), is available online.
The S.C. Court of Appeals reversed the family court’s award of attorney’s fees in favor of the mother because the factors to consider in determining whether to award attorney’s fees favored the father.
Brown v. Brown, Op. No. 5236 (S.C. Ct. App. filed June 4, 2014) (Shearouse Adv. Sh. No. 22 at 69), is available online.
Jacqueline Bond Anthony and Taylor Johnson Moore announce the opening of Anthony & Moore, LLC located at 222 Coleman Blvd., Ste. 121, Mt. Pleasant 29464. (843) 284-9500.
Bostic Law Firm, PA announces that Sean Wilson has joined the firm as an associate located at 834 Wappoo Rd., Charleston 29407. (843) 571-2525.
Corrigan & Chandler, LLC announces that J. Matthew Johnson has joined the firm as an associate located at 16 Charlotte St., Ste. B, Charleston 29403. (843) 577-5410.
Maguire Law Firm announces its relocation to 1600 N. Oak St., Ste. B, Myrtle Beach 29577, (843) 361-7549 and that Adrian Dejeu has joined the firm.
Mary Ann Hall, PC announces that Garrett Brown has joined the firm as an associate located at 1816 Belgrade Ave., Ste. 101, Charleston 29407. (843) 377-1341.
Thomerson Macchiaverna Smith & Freeman, PC announces that Allison Humen has joined the Greenville office as an associate located at 418 River St., 29601. (864) 991-8329.
Board of Governors Meeting, Conference Call
Elder Law Committee Meeting, Conference Call
Family Law Section Council Meeting, Conference Call
Ethics Advisory Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
S.C. Supreme Court Institute, Columbia
Education Law Committee Meeting, Bar Building
Professional Responsibility Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Conference Center
Project Citizen Training, Bar Building
Community Association Law Committee Meeting, Bar Building
Children's Law Committee Meeting, Bar Building
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 firstname.lastname@example.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.