August 14, 2014
August 13, 2014
Welcome to the South Carolina Bar's E-Blast!
August 14, 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.
BallotBox survey on behalf of the Judicial Merit Selection Commission for judicial candidates
The Judicial Merit Selection Commission requests input in the General Assembly's screening of the judicial candidates listed here. The Commission must determine whether each candidate is qualified to serve and seeks the opinion of practicing attorneys, members of the judiciary and clerks of court as to each candidate's fitness for the bench. BallotBox Online, LLC sent the electronic survey to Bar members today, August 14. Contact the Commission with questions by calling (803) 212-6623.
SC Bar is now a "Peach"
Effective August 14, the Bar will officially be a “Peach!” Peach New Media will host all online programming – both live webcasts and on-demand seminars. This partnership ensures a better online learning experience and improved customer service. You will no longer use your InReach username and password. Instead, when registering for a live webcast or purchasing an on-demand program, use your SC Bar member log-in, username and password, just as you would when registering for any other SC Bar CLE seminar. Live webcasts or on-demand programs you have completed in the last 30 days will continue to automatically report to the S.C. Supreme Court Commission on CLE and Specialization.
Lawyer Wellness Task Force
Are you creative and witty? Do you perform well on word association games? Were you the person in law school known for the nicknames you gave people? Do you sometimes wish you had gone into brand management and/or advertising? If you answered “maybe” to any of those questions, the SC Bar Lawyer Wellness Task Force needs you! The Lawyer Wellness Task Force is looking for an eye-catching name for its holistic, statewide Wellness Plan, which is currently being developed and will be unveiled in January 2015. Please submit ideas to email@example.com by Tuesday, Sept. 2. Moreover, since the Lawyer Wellness Task Force encourages balancing work with rewards, the work you put in could lead to a beneficial reward. After the potential wellness plan names are compiled, the Task Force will vote (submissions will be presented anonymously) and a winner will be selected. That winner will be announced by Oct. 8 and the winner will receive a voucher to attend a regular CLE seminar for free
Out of the Darkness Community Walk
Support the S.C. Chapter of the American Foundation for Suicide Prevention by participating in the 10th annual Columbia Out of the Darkness Community Walk on Oct. 26 at Columbia Riverfront Park (312 Laurel St.) from 2 to 4 p.m. Proceeds will benefit local and national suicide prevention and awareness programs. To register, donate or learn more, visit www.outofthedarkness.org or call (803) 667-9853.
Summer of Standards
In 1993, the House of Delegates adopted Principles and Standards of Professionalism. While the Rules of Professional Conduct are mandates, the Standards are aspirational and intended to be a guide to higher thinking and conduct. This summer, the Bar is publishing each of the 10 Principles in E-Blast as a helpful reminder and linking to the aspirational Standards of Professionalism for further reference.
Principle 4: A lawyer should not knowingly misstate or improperly distort any fact or opinion.
PMAP Tech Tip
Because lawyers must produce and store such a large number of documents, replacing paper copies with digital files can be an enormous money and time saver. Google Drive and Dropbox are popular off-premises paperless systems that provide document management and electronic storage. NetDocuments is both a software and a cloud storage solution. Scanning software is another must-have for the paperless law office. Fujitsu ScanSnap iX500 has great reviews and comes with Adobe Acrobat Standard for Windows. Make plans to attend the 2014 Solo & Small Firm Conference & Tech Expo for an entire session on going paperless, including the tools and products you’ll need. Contact PMAP for free assistance with your law practice at firstname.lastname@example.org.
LawPay is running a special offer for members: today through Aug. 29 the $150 web-based terminal start-up fee is waived! In addition, if you open a LawPay account by that date, LawPay will waive your program fee for three months! LawPay is a credit card merchant account service just for lawyers. To take advantage of this offer, call (800) 462-7913 or e-mail Keith at email@example.com.
Why do you help the Foundation?
“A friend asked me why I participated in the SC Bar LRE Mock Trial Competition. Good question. On one level, there is an obligation to serve. On another level, children deserve support for programs that promote study, preparation and competition. Last, I like what I see in this program. The students are bright, eager, enthusiastic and dedicated. They have gained a level of poise and confidence that is rare. They are more likely to be the citizens I would want to entrust this wonderful nation to when it is my time to step aside.” As summer ends and the first day of school approaches, consider the monumental role education plays. This testimony from a SC Bar LRE volunteer illustrates how Foundation grantees are working to mold the children of today into the leaders of tomorrow. Will you help?
Business Court Pilot Program judge assignments
By order of August 8 these judges are assigned to preside over the Business Court Regions, in addition to their other duties as circuit court judges.
Order for the Destruction of Arrest Records in the Summary Courts
By order of August 12, SCCA 223B, Order for the Destruction of Arrest Records, was approved for use in magistrate and municipal courts. This form shall be used to the exclusion of all others when records are sought to be expunged pursuant to S.C. Code Sections 17-1-40 and 17-22-950, for criminal charges which are dismissed or nol prossed or the defendant is found not guilty.
New advertising procedures for Charleston County
As of Sept. 1, 2014, the Charleston County Master-in-Equity Office will no longer prepare and advertise the Notice of Sale prior to each foreclosure sale's date. Read the full memo or contact Judy Dawkins at firstname.lastname@example.org for more information.
Advance Sheet Update
August 13, 2014
This opinion, originally filed July 9, 2014, was withdrawn, substituted and refiled Aug. 13, 2014. In this dispute concerning the validity of a mechanic’s lien, the S.C. Supreme Court granted a writ of certiorari, reversed the decision of the Court of Appeals and remanded for further proceedings. The Court concluded summary judgment was improperly awarded because Ferguson Fire followed the statutory procedures under S.C. Code Section 29-5-40 to establish a valid mechanic’s lien upon which a foreclosure action could be maintained.
Ferguson Fire v. Preferred Fire, Op. No. 27410 (S.C. Sup. Ct. filed August 13, 2014) (Shearouse Adv. Sh. No. 32 at 16), is available online.
Justice Pleicones concurred in result only.
By order of August 13 the Court disbarred Eric J. Davidson for trust account mismanagement and his failure to cooperate throughout the disciplinary process. By a separate order, the Court appointed Peyre Lumpkin as the receiver for Davidson’s practice.
By order of August 13 the Court permanently debarred Alma C. Defillo, an attorney not admitted to practice law in South Carolina, and prohibited her from seeking any form of admission to practice law in this state without first obtaining an order from the Court. In addition, the Court prohibited Defillo from advertising or soliciting business in this state without first completing the SC Bar’s Legal Ethics and Practice Program, Ethics School, and Advertising School and then seeking an order from the Court to allow her to seek admission or to advertise or solicit.
J. Patrick Anderson, Travis A. Moore, V.C. “Vic” Bailey and Mark A. Nowell announce the opening of Anderson, Moore, Bailey & Nowell, LLC located at 240 Magnolia St., Spartanburg 29306. (864) 641-6431.
Elon University School of Law announces that Faith Rivers James was named associate dean for experiential learning and leadership located at 201 N. Greene St., Greensboro, NC 27401. (336) 279-9200.
McNair Law Firm announces that Lane Jefferies has joined the Myrtle Beach office as an associate located at 2411 Oak St., 29577. (843) 444-1107.
Ogletree, Deakins, Nash, Smoak & Stewart, PC announces that Ashley Karen Kerr has joined the Columbia office as an associate located at 1320 Main St., 29201. (803) 252-1300.
Willcox, Buyck & Williams, PA announces that Alexander “Alec” S. Hogsette has joined the Florence office as an associate located at 248 W. Evans St., 29501, (843) 662-3258 and that Paula A. Sartor has joined the Myrtle Beach office as an associate located at 2050 Corporate Centre Dr., Ste. 230, 29577. (843) 650-6777.
Annual Meeting of the Chairs, Conference Center
Diversity in the Bar Task Force Meeting, Bowman and Brooke
Memory Hold the Door Committee Meeting, Conference Center
Free legal clinic: End of Life Issues (Columbia)
Animal Law Committee Conference Call
South Carolina Lawyer Editorial Board Meeting, Bar Building
Elder Law Committee Meeting, Bar Building
Professional Liability Committee Meeting, Conference Center
Unauthorized Practice of Law Committee Meeting, Conference Center
Resolution of Fee Disputes Board Circuit Chairs Meeting, Brookland Banquet and 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.