South Carolina Bar's E-Blast
Volume 491 - November 20, 2007
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.

Supreme Court issues additional statement regarding July 2007 bar examination
On November 19, the Court issued an additional statement regarding the events and actions surrounding the July 2007 bar examination. The full text of the statement can be viewed
here. Today, the Bar issued the following statement:
“The South Carolina Bar appreciates the candor and responsiveness of the Supreme Court in its recent statement regarding the bar examination grading error. The Bar recognizes that the Court had no obligation to explain its decision. Indeed, judicial independence and impartiality require the Court to be deliberative and to render opinions apart from external considerations. However, in making the additional statement, the Court has put to rest any speculation concerning the facts. The Statement further exemplifies the conscientiousness with which the Court addresses all the important matters that come before it. The Bar is confident that the Court has and will continue to maintain the integrity of the bar admissions process.”
Supreme Court approves use of competency form
By order of October 17, the Court has ordered that the Competency to Stand Trial Order Form bearing the number SCCA Form 487 is approved for use in the Family Courts of South Carolina. Creation of this form for use in the Family Courts meets the provisions of S.C. Code of Laws Ann. § 44-17-410. This form and others are available on the South Carolina Judicial Department Website at
www.sccourts.org/forms.
Disciplinary procedure rules amended
By order of November 15 the Court amended Rules 413 and 502, SCACR, to eliminate provisions with references to the subpanel process and Rule 26(c)(7). The provisions had inadvertently remained after amendments were made by order dated April 4. To view the Order and the attachment, click
here. This order is effective immediately.
PMAP -- Your guide to...
Giving an old computer away? Be sure confidential data doesn’t go with it. Merely clearing the Recycle Bin from within the operating system is not enough. In many cases, a 100-percent recovery can be achieved using a number of commercially available software tools. Wiebetech recently introduced the eRazer, a standalone data wiping solution. Wiebetech eRazer cleans hard disks to Department of Defense standards, and unlike most data wiping software solutions, the eRazer doesn’t need a computer to work. You just plug your hard drive in to the device, turn it on and it will take care of the data shredding business. Prices range from $99 and up. For more information,
click here. The Practice Management Assistance Program can help! Contact Courtney Kennaday at
pmap@scbar.org or call 803 799-6653 ext. 183.
Edgefield County lawyer elected to South Carolina State Senate
A. Shane Massey has been elected to the South Carolina Senate representing District No. 25. The district covers Aiken, Edgefield, McCormick and Saluda counties, and had been represented for decades by former Sen. Tommy Moore, who resigned in August to take a job in private industry.
License fees due January 1
License fee statements have been mailed and fees are due by January 1, 2008. If you have questions about your license fees, contact Donna Oelhafen at (803) 799-6653, ext. 171 or
doelhafen@scbar.org.
Bar closing
Offices at the Bar building will be closed Thursday, November 22, and Friday, November 23, in observance of Thanksgiving. E-Blast will not be distributed on Thursday, November 23. E-Blast will resume its normal distribution schedule on Tuesday, November 27.
Are you ready to rock?
Last spring, the Young Lawyers Division raised more than $3,000 for the Bar’s Pro Bono Program first annual Justice Jam. No complaints, but we can do better this year! The YLD is calling upon talented lawyer-musicians to participate in Justice Jam 2008. The concert is tentatively scheduled for May 3, 2008 in Columbia. The only qualification is that your band have at least one attorney member. Please send a demo to Travis Olmert at Carter, Smith, Merriam, Rogers & Traxler, PA, P.O. Box 10828, Greenville, SC 29603. All demos should be submitted on or before March 7, 2008. Remember, only send a demo if your band is willing to play. Our line-up will be chosen and announced on or before March 17, 2008. Not a rock star? Event volunteers, a venue and items for a silent auction are also needed. Your support of Justice Jam 2008 is appreciated! For more information regarding the Division, contact Tara Smith at
tsmith@scbar.org or (803) 576-3766.
Discipline
By order of November 13 the Court placed Adrian Edward Cooper on interim suspension. Herbert W. Hamilton is the trustee.
By order of November 19 the Court imposed a 60-day suspension on C.H. Barrier for misconduct which included practicing law while employed as a judicial clerk and allowing closing documents to be witnessed and notarized by persons who were not present at the closings.
Advance Sheets update:
November 19, 2007
The Supreme Court dismissed certiorari as improvidently granted.
State v. James, No 26396, is available
online.
The Court of Appeals affirmed judgment for Green Tree in this action to clear title. Green Tree recorded a mortgage against Claxton’s property prior to Adam’s recording a judgment lien. Claxton defaulted, and Green Tree commenced a mortgage foreclosure action but failed to name Adams as a party. Green Tree purchased the property at the foreclosure sale, later discovered Adams’ lien and brought a successful action to clear title. Adams was not prejudiced by his absence from the foreclosure action. He cannot enforce his lien against this property, because he declined to exercise any right of redemption by stipulating that the value of the property was less than the amount owed to Green Tree and that he had neither the ability nor the willingness to buy the property. Adams’ judgment is not extinguished but is still of record and enforceable by other means.
Green Tree Serv. v. Adams, No. 4311, is available
online.
Firm announcements
Anderson, Fayssoux and Chasteen, PA announces that
Paul S. Landis has become an associate of the firm located at 217 E. Park Ave., Greenville 29601. (864) 233-4566.
Callison Tighe & Robinson, LLC announces that
James S. Meggs has joined the firm as Of Counsel and
Kathleen M. McDaniel has become an associate of the firm located at 1812 Lincoln St., Second Floor, Columbia 29201. (803) 256-2371.
Collins & Lacy, PC is pleased to announce that
Lee Floyd and
Charles L. Appleby, IV have become associates of the firm located at 1330 Lady St., Sixth Floor, Columbia 29201. (803) 256-2660.
Joye Law Firm, LLP, 5861 Rivers Avenue, Ste. 101, N. Charleston, 29406 announces that R. Brady Vannoy has joined the firm as an associate attorney. (843.554.3100),
The Kennedy Law Firm, LLC announces that Kathryn M. Rauton has become an associate of the firm located at 125 E. Church St., Batesburg-Leesville 29070. (803) 532-4100.
Luce, Moore & Franklin, LLC announces that Rebecca Poston has become an associate of the firm located at 7523 Irmo Dr., Columbia 29212. (803) 749-6083.
Nelson Mullins Riley & Scarborough announces the addition of new associates to the firm. Sally Caver, Lucie H. Cohen, Heyward Rebecca Dodkin, Margaret Lindsay Drake, Holly G. Gillespie, Kristen E. Horne, Matthew R. Howsare, Candace Celeste Jackson, Steven McFarland, Carmen H. Thomas and Ashley White have joined the firm's Columbia offices located at the Meridian building, 17th Floor, 1320 Main St., Columbia, 29201. (803)799-2000.
The
South Carolina Supreme Court Staff Attorneys’ Office announces that
Kelli M. Smith,
Susan M. Hill,
Sarah D. Wendell,
Jeffrey M. Bogdan and
Chris Florian have joined the office at 1231 Gervais St., Columbia 29201. (803) 734-1160.
Sweeny, Wingate & Barrow, PA announces that
Andrew Mathias,
Jason Reynolds and
Jonathan Yarborough have become associates in the Columbia office located at 1515 Lady St., 29201. (803)256-2233.
In memoriam
Russell Paul Reach, 49, of Greenville died November 11.
Stephen Daniel Bowen III, 64, of Summerville died November 12.
Former South Carolina Governor Robert E. McNair, 83, of Columbia died November 17. McNair was elected lieutenant governor in 1962 and became governor in April 1965, replacing Donald Russell. Governor McNair was elected to a full term in 1966 and served until January 1971. The complete obituary is available online
here.
Convention Update
Watch your mail in the next few days for something special. No, not the Publishers Clearing House mailing, but the 2008 Convention brochure! Your registration includes admission to Convention seminars offering up to 14 hours of MCLE credit, including two hours of LEPR credit – enough to fulfill your annual requirement at one very low price. You can get a sneak peek at the full brochure
here, and you can even beat the rush and register online. You can also download the printable hotel reservation and Convention registration forms and check out the most up-to-date Convention news. After all, there are only 28 days left to receive the Early Bird discount!
Children's Issues in Family Court Video Replay
Wednesday, November 28
Video Replay at SC Bar Building, 950 Taylor Street, 2nd Floor Classroom
Registration: 8:30 a.m., Program begins: 8:55 a.m., Program adjourns: 4:45 p.m.
Limited to 40 Registrants
Teleseminars
Our easy-to-access teleseminars are held at 1 p.m., EST via telephone for 1.0 MCLE credit hour (LEPR and specialty credit where applicable). Use them to complete your credit hours in the comfort and convenience of your home or office.
New Online Releases!
Avoid the mall with CLE's publication sale
The CLE Division will host an after-Thanksgiving sale, featuring selected publications at a 25 percent discount from Monday, November 26, through Friday, December 7, at 5 p.m. Visit
here to get a sneak peak of the sale items. If you have questions, contact Vera Belton at (803) 771-0333/(800) 768-7787, ext. 126 or
vbelton@scbar.org.
Calendar
November 26
Trial & Appellate Advocacy Section Council, Conference Call
November 27
Corporate, Banking and Securities Section Council, Conference Call
Health Care Law Section Council, Conference Call
November 29
Professional Responsibility Committee, Bar Building
December 3
Administrative and Regulatory Law Committee, Bar Building
December 4
South Carolina Bar Foundation, Bar Building
December 7
Project Citizen, Bar Building