SC Bar

South Carolina Bar's E-Blast
Volume 496 - December 11, 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.

E-Blast format simplified for PDA viewers
Effective today, E-Blast has been reformatted to allow for easier viewing on a PDA. To navigate to other portions of the Bar’s Web site from E-Blast, simply click on “Home” or “Member Resources” at the top of the page.

JMSC to reconvene public hearings
The Judicial Merit Selection Commission will hold a public hearing Thursday, December 20, at 11:30 a.m. for discussion and possible vote on candidates for Family Court, 12th Circuit, Seat 1. Candidates are Robert H. Corley of Mullins and Timothy H. Pogue of Marion. The hearing will be held in Room 308 of the Gressette Senate Building.

Proposed amendments to Rule 608 adopted
The Bar’s Board of Governors approved proposed amendments to Rule 608 in September. Those amendments will be considered by the House of Delegates at its meeting on January 24. To review the proposed changes, please visit www.scbar.org/Rule608proposed.doc. A summary of the changes is available at www.scbar.org/Rule608summary.doc.

Convention Early Bird Registration Deadline rapidly approaching
The deadline for early bird registration is 5 p.m. on Thursday, December 13. Visit www.scbar.org/member/cle/convention.asp for full details regarding this spectacular yearly event!

See and be seen…
Mark your calendar now for the second annual Bar Foundation Gala to be held Thursday, March 6, 2008, at the Columbia Metropolitan Convention Center. Cocktails begin at 6 p.m. with other evening festivities including a seated dinner, presentation to the Bar's Nifty Fifty as well as dancing the night away! Tickets will be available beginning February 2008. Don't miss the opportunity to be a part of this event that was sold out last year. There are a limited number of table sponsorships available. If you are interested, please contact Shannon Willis Scruggs at sscruggs@scbar.org.

Call for Pro Bono Award nominations
The Bar is soliciting nominations for its Pro Bono Awards, presented annually to individual lawyers, law firms and institutions in the legal profession that have demonstrated outstanding commitment to volunteer legal services for the poor and disadvantaged. The winners will be announced in early January 2008 and recognized at the House of Delegates meeting on January 24 during Bar Convention in Charleston. The nomination form is available online at www.scbar.org/pdf/PBAward2007.pdf. The deadline to submit a nomination is December 17.

Pilot Mentoring Program deadline approaches
If you were among the group of lawyers participating in the S.C. Supreme Court's 2007 Pilot Mentoring Program, the deadline for submitting the Certificate of Completion and Uniform Mentoring Plan is December 31. Please e-mail your questions or comments to Barbara Brunson at bbrunson@scbar.org.

PMAP -- Your guide to...
Free law books! The online Bar Book Exchange has been updated. Many new items are available, and additional book requests have been added. The Bar Book Exchange is a free benefit to Bar members. To donate an item, or request one, just e-mail pmap@scbar.org and indicate "Bar Book Exchange" in the subject line. Please include a brief description of the books needed or offered and contact information.

Judges needed for undergraduate mock trial tournament
Furman University will host the South Atlantic Regional Mock Trial Tournament February 1-2. The tournament is sanctioned by the American Mock Trial Association, which sponsors competitions for undergraduate students throughout the nation. Nearly 350 college students will vie for bids to the national championship and national consolation tournaments. To run this tournament successfully, 288 judge slots must be filled. For more information or to volunteer to serve as a judge, please visit http://ps.furman.edu/engaged/mocktrial/index-2008RegionalSite.htm. The tournament is funded in part by the S.C. Bar Foundation.

Advance Sheet update
December 10, 2007:
In this PCR case, Smith sought relief from his two murder convictions on the grounds both his trial counsel and appellate counsel were ineffective. The Supreme Court affirmed the PCR court's denial of relief. Smith had alleged the presence of a juror, with whom he had been incarcerated prior to trial, constituted a per se violation of his due process right to a fair and impartial jury. The Court found the PCR judge properly denied relief on this ground. Also, trial counsel was not deficient in failing to specifically object on constitutional grounds to the solicitor's comments during closing arguments. Trial counsel's objections were based on Rule 22 of the South Carolina Rules of Criminal Procedure. The Court held trial counsel’s objection based on Rule 22 was sufficient to encompass any due process claims alleged by Petitioner. Smith v. State, No. 26405, is available online.

Discipline:
By order of December 10 the Court imposed a public reprimand on Leroy Jonathan DuBre for misconduct that included assisting a North Carolina law firm in the unauthorized practice of law.

By order of December 10 the Court suspended T. Andrew Johnson for one year (retroactive to October 4, 2006) for misconduct that involved real estate transactions in which other persons ultimately pled guilty to bank fraud.

By order of December 10 the Court disbarred Alex J. Newton (retroactive to March 22, 2006) for misconduct that included pleading guilty to one count of conspiracy to commit mail fraud related to a “flip” transaction.

By order of December 10 the Court suspended Samuel Michael Ogburn for 60 days for misconduct that involved instructing a paralegal to sign her name under oath as a witness to execution of a mortgage despite the fact that the paralegal was not present when the client signed.

By order of December 10 the Court imposed a public reprimand on John A. Pincelli for misconduct that involved allowing refinancing lenders to record their own mortgages through reliance on written instructions.

By order of December 10 the Court imposed a public reprimand on R. Brian Ponder for misconduct that involved his failure to adequately monitor his trust account and thereby permit his legal assistant to embezzle funds.

By order of December 10 the Court suspended William Glenn Rogers Jr. for 60 days (retroactive to August 17) for misconduct that involved a contempt charge and failing to respond to the Office of Disciplinary Counsel.

Firm announcements
Hull Towill Norman Barrett & Salley, PC announces that Paul K. Simons Jr. has become an associate of the firm located at 111 Park Ave., SW, Aiken 29801. (803) 648-4213.

John I. Mauldin, Public Defender for Greenville County, announces the appointment of Michael S. Cullinan, Brian P. Johnson and Amanda H. Lackland as Assistant Public Defenders with offices located at the Greenville County Courthouse, Greenville, 29601. (864) 467-8522.

Robby Robbins announces the opening of Robert D. Robbins, Attorney at Law, LLC located at 110 N. Main St., Summerville 29483. (843) 285-7100.

In memoriam
Roy V. Lind Sr., 88, of Columbia died December 6. The obituary is available online.

Calendar
December 12
Elder Law Committee Meeting, Bar Building
Government Law Section Council Meeting, Conference Call

December 13
Board of Governors Meeting, Bar Building
Family Law Section Council Meeting, Bar Building

December 18
Criminal Law Section Council Meeting, Bar Building
Trial and Appellate Advocacy Section Council Meeting, Conference Call

December 21
Probate, Estate Planning & Trust Section Council Meeting, Conference Call

Upcoming CLE seminar topics
Please click the links below to view details on upcoming CLE offerings relevant to your area of practice.

Civil Litigation:
Webcast: Evidence in Civil Litigation: 2007 Trends & Developments

Estate Planning:
Teleseminar: Fourth Quarter 2007 Estate Planning Update
Teleseminar: Ethical Issues for Estate Planners

Ethics:
Ethics Roadshow: Managing Law Firm Technology with Mark Bassingthwaighte and Barbara Brunson in conjunction with Video Replay: Roger Dodd’s Cross Examination of Expert Witnesses
December 12—Myrtle Beach
December 13—Charleston
December 14—Hilton Head

 

Real Estate:
2007 Commercial Real Estate Update
The live site for this seminar has changed to Midlands Technical College Airport Campus Health & Science Building Auditorium (HS 144).

Secured Transactions/Consumer Law:
Teleseminar: 2007 UCC 2/Sales Update

Teleseminars/Webcasts
For teleseminar/telewebinar registration, please visit http://www.scbar.org/events/index.pl?cmd=opencal&cal=cal4 and click on the program of your choice. If you have difficulty registering for these seminars, please call 803-771-0333, ext. 125 or 800-768-7787, ext. 125 or email jmerrill@scbar.org.