SC Bar

South Carolina Bar's E-Blast                                                              
April 24, 2008

Welcome to the South Carolina Bar's E-Blast!
E-Blast highlights upcoming activities, legal information and links to the Bar's Web site at www.scbar.org.

The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.



Justice Jam THIS Saturday!
Justice Jam 2008 is this Saturday, April 26, at the Five Points Pub located at 2020 Devine St. in Columbia. Each of the bands scheduled to play include Bar members so come out and show your support! Attorney members include Hunter Freeman of Los Bastardos; Bobby Buffington, John Emerson and Kerk Spong of Sugar Daddy; Gibbs Leaphart and Joe Good of The Joe Good Band; Travis Olmert of Ron Dunbar Band with James Ervin; and Jim Stoddard, Keir Weyble and John Blume of The Reprieves. Tickets are on sale for $15 each. To order or for more information, contact Tara Smith at (803) 799-6653, ext. 146.

Ethics advisory opinion summary
Lawyer may ethically enter into a fee-payment arrangement with clients and a trade credit account processor (TCAP), and Lawyer may sell existing accounts receivable to a TCAP, provided informed consent is obtained from the client. The facts as presented address any ethical concerns in that the client's informed consent is obtained prior to entering into the fee-payment arrangement; clients are not charged any fees, costs, or interest; and client confidentiality is maintained (except for client name and address, which are divulged with permission of the client). To view the full text of the opinion, click here.

Inaugural Leadership Academy
The Young Lawyers Division is pleased to announce its inaugural Leadership Academy, designed to educate the next generation of Bar and community leaders. The academy will meet once a month for six months. The following Bar members who have practiced law from three to seven years and have been active in the Young Lawyers Division were selected for the academy: Martin S. Driggers Jr., Tina N. Herbert,  Jennifer A. Jeffrey,  Brian M. Knowles,  Shelby K. Leonardi,  Lucy Grey McIver,  Ashley A. McMahan,  James (Tripp) Padgett III,  S. Venus Poe,  Tiffany Spann-Wilder,  Fred (Trey) W. Suggs III,  Benjamin A. Traywick and Genevieve (Ginny) N. Waller.

Casemaker makes the case!
Casemaker continues to make improvements in response to popular demand. Did you know that you can now search state case law in all 50 states at once? It's easy! Go to the multi-state library and choose "select/deselect all" when searching. For individual Casemaker training, contact Courtney Kennaday at (803) 799-6653, ext 183 or e-mail pmap@scbar.org.

Lexington County election
Lexington County will be electing its delegates for use in appointing a Chief Public Defender for the Eleventh Judicial Circuit on May 16 at 3:30 p.m. at the Lexington County Summary Court Center located at 139 E. Main St., 29072.  Due to new guidelines it is necessary that Lexington County re-elect its delegates. This election will supercede the results of the delegate election held last year. To vote you must be a member of the Bar with your primary residence located in Lexington County. All attorneys eligible to vote, regardless of office location or practice area, are encouraged to attend. Any questions may be directed to Lexington County Bar President James Snell.

Advance Sheet update
April 24, 2008
The Court of Appeals reversed the circuit court's refusal to dismiss the legal action and compel arbitration of Partain's tort claim. The circuit court erred in its finding that the claim was not arbitrable because the claim was a tort independent of the parties' sales contract; the requisite relationship existed between Partain's unfair trade practice claim and the underlying agreement. Additionally, while South Carolina courts will not interpret an arbitration agreement as applying to outrageous torts that are unforeseeable to a reasonable consumer in the context of normal business  transaction, the conduct alleged by Partain does meet this standard. 
Partain v. Upstate Auto. Group, No. 4373, is available online.

The Court reversed an order compelling discovery in this action for defamation and civil conspiracy brought by physician Wieters against the defendant hospital and certain hospital personnel. While discovery orders are generally not directly appealable, appellate courts will address discovery orders that jeopardize the confidentiality of the Peer Review Statute, Section 40-71-20, because of the statute's important public policy concerns. While this statute mandates that physicians reveal the outcome of committee actions, any further questions delving into the committee's proceedings are absolutely protected and safeguarded by the statute.
Wieters v. Bon-Secours-St. Francis Xavier Hosp., No. 4374, is available online.

The Court affirmed the circuit court's denial of the Toggas' motion to alter, amend or vacate judgment, and the accompanying affirmation of the jury's findings. Among its holdings, the Court stated the circuit court had properly conducted a review of the award of damages and punitive damages pursuant to the factors enumerated in Gamble v. Stevenson, 305 S.C. 104, 111-12, 406 S.E.2d 350, 354 (1991), and found the amounts appropriate given the Toggas' conduct.
RRR, Inc., v. Toggas, No. 4375, is available online. 

The Court affirmed the special referee's order setting aside a judicial sale. The record contained sufficient evidence of the property's value to support the special referee's decision that appellant Freeman's bid was so grossly inadequate as to shock the conscience; Freeman's high bid of $3,000 was only 3.65 percent of the original principal amount of the foreclosed note and mortgage. 
Wells Fargo Bank v. Turner, No. 4376, is available online.

Firm announcements
The Law Office of James R. Snell Jr. announces that David J. Miller has joined as an associate located at 316 S. Lake Dr., Lexington, 29072. (803) 359-3301.

The McNair Law Firm, PA announces that Pamela A. Baker, Joel E. Gottlieb, Durham Boney and Jeffrey D. DeGood have joined as shareholders and Michael Todd "Toddy" Smith has joined as Of Counsel in the Columbia office located at 1301 Gervais St., 29201. (803) 799-9800. The firm also announces that Seann Patrick Lahey has joined as a shareholder in the Greenville office located at 101 N. Main St., Ste. 900, 29601. (864) 271-4940. John M. Jolley has joined as a shareholder in the Hilton Head office located at 23-B Shelter Cove Ln., Ste. 400, 29928. (843) 785-2171.

Calendar
April 25
Administrative and Regulatory Law Committee Meeting, Conference Call
Professional Responsibility Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building

April 25-26
Senior Lawyers Division Planning Retreat, Westin Poinsett Hotel, Greenville

April 26
Justice Jam, The Five Points Pub, Columbia

May 8
Board of Governors Meeting, Frances Marion University, Florence
House of Delegates Meeting, Assembly and Swearing in of New Officers, Frances Marion University, Florence

Publications
Handbook for South Carolina Dirt Lawyers, Second Edition by Claire T. Manning
This publication will be beneficial for every South Carolina real estate practitioner and their staff members. It was written with the intention of helping "dirt lawyers" stay out of the Advance Sheets and in their closing conference rooms. The second edition contains materials concerning the 2006 American Land Title Association policy forms and endorsements as well as many sections suggested by readers of the first edition. The cost is $70 per book, plus shipping and handling and seven percent S.C. sales tax. To order please click the link above or contact Vera Belton at (803) 771-0333 or (800) 768-7787, ext. 126.

Shipping and handling charges: The charge for orders totaling $51- $100 is $10.00; for orders totaling $101 or more the cost is $12.00.

Live Seminars
Liens, Liens & More Liens: Resolving Claims of Subrogation & Reimbursement -  Friday, May 2
Faculty: Roy Harmon III, Robert Hoskins, Stephen Williams, Vernon Sumwalt Jr., Bruce Carter and J. Steedley Bogan
Please note that due to unforeseen circumstances this seminar has changed location from Midlands Technical College to the Bar Building, 2nd floor classroom.

Dealing with Difficult Clients - Friday, May 9
Faculty: Dr. Jonathan Gould and Dr. Arnold Shienvold

Selling, Purchasing and Planning with Closely Held Businesses - Friday, May 16
Faculty: Robert August, Tod Hyche, Alan Austin, E. Marie Monroe and Barbara Seymour

Recent Developments in Labor & Employment Law - Wednesday, May 21
Faculty: Gene Matthews, William Foster, Robert Hoskins, Franklin Shuler Jr., J. Hagood Tighe, Tina Burnside and Mary "Molly" Hughes

Live Seminar: 7th Annual NC/SC Tax Section Workshops - Friday, May 23 - Sunday, May 25
Faculty: Jasper Cummings Jr., David Dahl, James Daniel, Toy Glennon, Reginald Hinton, Jane Jeffries Jones, Fred Murray, Phillip Pillar, Janet Shires, John von Lehe Jr. and Amy Walsh

Mass Litigation - Thursday, May 29 - Saturday, 31
The faculty for this seminar is composed of nationally recognized authorities in the field of mass litigation including practitioners, judges and academics, and features South Carolina's own Joseph Rice of Motley Rice, LLC in Mt. Pleasant.

Teleseminars
Disposition of Distressed Real Estate - Tuesday, April 29

Tax Planning for Educational Purposes - Tuesday, May 6

Buying and Selling Distressed Small Businesses, Part 1 - Tuesday, May 13

Buying and Selling Distressed Small Businesses, Part 2 - Wednesday, May 14

Business Divorce, Part 1 - Tuesday, May 20

Business Divorce, Part 2 - Wednesday, May 21

"Green Law": Regulation, Real Estate & Environmentally Friendly Projects - Tuesday, May 27

For a complete listing of upcoming teleseminars, please click here then choose the program you wish to attend. If you have any difficulty registering for these seminars, please e-mail service@webcredenza.com or call (800) 694-9747.

Live Webcast
Liens, Liens & More Liens: Resolving Claims of Subrogation & Reimbursement - Friday, May 2

Recent Developments in Labor & Employment Law - Wednesday, May 21

Mass Litigation - Thursday, May 29 - Saturday, May 31

If you have any difficulty registering for a live Web cast, contact Terry Burnett at (803) 799-6653 or (800) 767-7787, ext. 152.

For a complete listing of Seminars Direct Online offerings, click here.

For a complete listing of upcoming live CLE opportunities, view the CLE Calendar.

To be added or deleted from the E-Blast list, e-mail ljackson@scbar.org.