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EBlast 499 - December 20, 2007
South Carolina Bar's E-Blast
Volume 499 - December 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.
Volume 499 - December 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.
Call for nominations
Nominations are being accepted for odd-numbered circuit and out-of-state representatives to the House of Delegates for two-year terms commencing July 1, 2009. The terms of all current representatives from odd-numbered circuits and out- of-state delegates will expire on June 30, 2008. Any active or senior member in good standing whose principal address is listed in an odd numbered judicial circuit may be nominated as Circuit Delegate by a petition signed by ten or more active or senior members in good standing residing in the same circuit. Any active or senior member in good standing whose principal office address is out of state may be nominated as an Out-of-State Delegate by a petition signed by ten or more active or senior members in good standing residing within or without the state. Petitions can be found here and must be returned to the Bar office no later than January 15, 2008. Contact Charmy Medlin cmedlin@scbar.org for more information.
Nominations are being accepted for odd-numbered circuit and out-of-state representatives to the House of Delegates for two-year terms commencing July 1, 2009. The terms of all current representatives from odd-numbered circuits and out- of-state delegates will expire on June 30, 2008. Any active or senior member in good standing whose principal address is listed in an odd numbered judicial circuit may be nominated as Circuit Delegate by a petition signed by ten or more active or senior members in good standing residing in the same circuit. Any active or senior member in good standing whose principal office address is out of state may be nominated as an Out-of-State Delegate by a petition signed by ten or more active or senior members in good standing residing within or without the state. Petitions can be found here and must be returned to the Bar office no later than January 15, 2008. Contact Charmy Medlin cmedlin@scbar.org for more information.
Secretary of State Hammond warns of misleading notice of dissolution
The South Carolina Secretary of State’s Office learned yesterday that many South Carolina companies may be in receipt of a letter from a company called National Business Registration. National Business Registration’s “final notice” telling owners that “Since the introduction of the Patriot Act of 2001, all businesses are required to register with the National Corporation Registry.” The notice goes on to say that unless the business pays a $487 fee within 14 days from receipt, they will be “administratively dissolved/revoked and an additional fee will be due if the entity is removed from our database due to non-payment.”
“This deceptive trade practice is an attempt to defraud businesses during a time of year when many are distracted by the upcoming holidays and other obligations,” said South Carolina Secretary of State Mark Hammond. “National Business Registration of Coral Springs, Florida is in no way affiliated with the Secretary of State’s Office. Any company receiving a Notice of Dissolution through the Secretary of State’s Office would receive the Notice via certified mail and would be given at least 60 days to correct any grounds that exist for dissolution.”
Companies receiving this “final notice” from National Business Registration are advised to keep the notice, mailing envelope and return envelope, and contact the United States Postal Inspections Service at (877) 876-2455 to report this mail fraud. Companies can also report this deceptive practice at http://postalinspectors.uspis.gov. Go to the Investigations drop down menu and select Mail Fraud to file a complaint.
The South Carolina Secretary of State’s Office learned yesterday that many South Carolina companies may be in receipt of a letter from a company called National Business Registration. National Business Registration’s “final notice” telling owners that “Since the introduction of the Patriot Act of 2001, all businesses are required to register with the National Corporation Registry.” The notice goes on to say that unless the business pays a $487 fee within 14 days from receipt, they will be “administratively dissolved/revoked and an additional fee will be due if the entity is removed from our database due to non-payment.”
“This deceptive trade practice is an attempt to defraud businesses during a time of year when many are distracted by the upcoming holidays and other obligations,” said South Carolina Secretary of State Mark Hammond. “National Business Registration of Coral Springs, Florida is in no way affiliated with the Secretary of State’s Office. Any company receiving a Notice of Dissolution through the Secretary of State’s Office would receive the Notice via certified mail and would be given at least 60 days to correct any grounds that exist for dissolution.”
Companies receiving this “final notice” from National Business Registration are advised to keep the notice, mailing envelope and return envelope, and contact the United States Postal Inspections Service at (877) 876-2455 to report this mail fraud. Companies can also report this deceptive practice at http://postalinspectors.uspis.gov. Go to the Investigations drop down menu and select Mail Fraud to file a complaint.
Court appointment funding available
$2.5 million dollars was earmarked for the reimbursement of civil case court appointments and available for disbursement. The funds are administered through the S.C. Commission on Indigent Defense (SCCID) and are dedicated for use in reimbursing private lawyers appointed to represent indigents in civil cases including termination of parental rights, abuse and neglect, probate court commitments, sexually violent predator and post conviction relief matters. These funds were allocated on a one-time basis. In order to make the case for a recurring appropriation, Bar members are strongly encouraged to apply for reimbursement to SCCID. Funds are also available through SCCID for reimbursement of appointed criminal cases. For information on submitting a voucher, please visit www.sccid.sc.gov or contact Hugh Ryan at hryan@sccid.sc.gov.
$2.5 million dollars was earmarked for the reimbursement of civil case court appointments and available for disbursement. The funds are administered through the S.C. Commission on Indigent Defense (SCCID) and are dedicated for use in reimbursing private lawyers appointed to represent indigents in civil cases including termination of parental rights, abuse and neglect, probate court commitments, sexually violent predator and post conviction relief matters. These funds were allocated on a one-time basis. In order to make the case for a recurring appropriation, Bar members are strongly encouraged to apply for reimbursement to SCCID. Funds are also available through SCCID for reimbursement of appointed criminal cases. For information on submitting a voucher, please visit www.sccid.sc.gov or contact Hugh Ryan at hryan@sccid.sc.gov.
Commission on Indigent Defense to hold briefing for attorneys interested in 608 contracts
The South Carolina Commission on Indigent Defense will conduct a briefing on Friday, January 4, 2008, for all attorneys interested in entering into a contract to handle civil case court appointments. The briefing will be held at 10:30 a.m. at the Commission offices, located at 1330 Lady Street (corner of Lady and Marion Streets) in downtown Columbia. Attorneys who plan to attend should contact Hugh Ryan, Deputy Director and General Counsel, at hryan@sccid.sc.gov, and also forward a resume to him either by email or to PO Box 11433, Columbia, SC 29211, prior to the meeting date. Any attorney interested in entering into a contract but who cannot attend the meeting should also notify him so that an alternate meeting date can be arranged.
The South Carolina Commission on Indigent Defense will conduct a briefing on Friday, January 4, 2008, for all attorneys interested in entering into a contract to handle civil case court appointments. The briefing will be held at 10:30 a.m. at the Commission offices, located at 1330 Lady Street (corner of Lady and Marion Streets) in downtown Columbia. Attorneys who plan to attend should contact Hugh Ryan, Deputy Director and General Counsel, at hryan@sccid.sc.gov, and also forward a resume to him either by email or to PO Box 11433, Columbia, SC 29211, prior to the meeting date. Any attorney interested in entering into a contract but who cannot attend the meeting should also notify him so that an alternate meeting date can be arranged.
Installation ceremonies for circuit public defenders
The Installation Ceremony for Jack D. Howle Jr. as the 3rd Judicial Circuit Public Defender will take place on Monday, January 7, 2008, at 5:00 PM in Court Room Number One at the Sumter County Courthouse, 141 N. Main St., Sumter, and will be followed by a reception at the Courthouse.
The Installation Ceremony for Jack D. Howle Jr. as the 3rd Judicial Circuit Public Defender will take place on Monday, January 7, 2008, at 5:00 PM in Court Room Number One at the Sumter County Courthouse, 141 N. Main St., Sumter, and will be followed by a reception at the Courthouse.
The Installation Ceremony for D. Ashley Pennington as the 9th Judicial Circuit Public Defender will take place on Thursday, January 3, 2008, at 5:00 PM, in the Jury Assembly Room of the Charleston County Judicial Center, 100 Broad St., Charleston. A reception will follow.
The Installation Ceremony for Robert A. Gamble as the 10th Judicial Circuit Public Defender will be held on Thursday, January 10, 2008, at 4:00 PM in the Main Court Room of the Anderson County Courthouse, 100 N. Main St., Anderson, and will be followed by a reception at McCarthy's Restaurant in Anderson.
The ceremonies are open to the public, and all interested persons are cordially invited to attend.
Casemaker makes the case!
Even if you've never used Casemaker®, you can start immediately! All active Bar members are automatically subscribed. All you need is your Bar number and the password. What's the password? Your name! Go to www.scbar.org/casemaker and click on the link to login. Enter your bar number and then enter the first initial of your first name combined with your last name. Be sure to use lowercase letters. If you happen to have a suffix, such as junior, add it too, but leave the period off the end. When in doubt, read the hint, located just above the login fields. Casemaker® is user-friendly - if you can use an Internet search engine, you can probably use Casemaker. For all your Casemaker questions, contact Courtney Kennaday at casemaker@scbar.org or 803 799-6653 ext. 183.
Even if you've never used Casemaker®, you can start immediately! All active Bar members are automatically subscribed. All you need is your Bar number and the password. What's the password? Your name! Go to www.scbar.org/casemaker and click on the link to login. Enter your bar number and then enter the first initial of your first name combined with your last name. Be sure to use lowercase letters. If you happen to have a suffix, such as junior, add it too, but leave the period off the end. When in doubt, read the hint, located just above the login fields. Casemaker® is user-friendly - if you can use an Internet search engine, you can probably use Casemaker. For all your Casemaker questions, contact Courtney Kennaday at casemaker@scbar.org or 803 799-6653 ext. 183.
Advance Sheet update
December 20, 2007:
The Court of Appeals affirmed in part, reversed in part, and remanded in this defamation action arising from a family dispute. The trial judge did not err in denying Parrish’s motions for directed verdict and judgment notwithstanding the verdict because the questions of whether Allison’s statements were defamatory per se and actionable per se were properly submitted to the jury, which returned a verdict in Allison’s favor. However, the trial court commit reversible error in allowing Allison to assert the truth of his statements, even though he did not affirmatively plead truth as a defense in his answer. Parrish v. Allison, No. 4322, is available online.
December 20, 2007:
The Court of Appeals affirmed in part, reversed in part, and remanded in this defamation action arising from a family dispute. The trial judge did not err in denying Parrish’s motions for directed verdict and judgment notwithstanding the verdict because the questions of whether Allison’s statements were defamatory per se and actionable per se were properly submitted to the jury, which returned a verdict in Allison’s favor. However, the trial court commit reversible error in allowing Allison to assert the truth of his statements, even though he did not affirmatively plead truth as a defense in his answer. Parrish v. Allison, No. 4322, is available online.
Judge Short concurred in a separate opinion.
Firm announcements
Emily S. Boatwright announces the opening of the Boatwright Law Firm, LLC located at 1622 Sunset Blvd., W. Columbia 29169. (803) 796-5885.
Emily S. Boatwright announces the opening of the Boatwright Law Firm, LLC located at 1622 Sunset Blvd., W. Columbia 29169. (803) 796-5885.
DeLuca & Maucher, LLP announces that Gregory A. DeLuca has become a partner in the firm located at 102 Marilyn St., Goose Creek 29445. (843) 572-1711.
Ellis Lawhorne & Sims, PA announces that John D. Hudson Jr. has become a shareholder in the firm located at 1501 Main St., 5th Floor, Columbia 29201. (803) 254-4190.
Stephen L. Fowler announces the opening of the Law Office of Stephen L. Fowler located at 39 Broad St., Ste. 208, Charleston 29401. (843) 577-3933.
Jebaily Law Firm, P.A. announces that Suzanne H. Jebaily has become an associate of the firm located at 291 W. Evans St., Florence 29501. (843) 667-0400.
Jeffcoat, Pike & Nappier, LLC announces the relocation of its North Myrtle Beach office to 119 Pinnacle Place, Little River 29566. (843) 249-3581.
McAngus Goudelock & Courie, LLC announces that Donna Givens has joined the firm as a member of the Columbia office located at 700 Gervais St., Ste. 300, Columbia 29201. (803) 779-2300.
Nelson Mullins Riley & Scarborough LLP announces that Eleni Roumel has become of counsel in its Charleston office.
Carol Summers, formerly Carol J. Frick, announces the name change of her firm: Law Office of Carol Summers, LLC, 855 Holly St., P.O. Box 802, Orangeburg 29116, carolsummersllc@bellsouth.net, (803) 533-4177, fax (803) 533-4175.
Bar closings
Offices at the Bar building will be closed Monday, December 24, and Tuesday, December 25. E-Blast will resume on Thursday, December 27. Offices will also be closed Tuesday, January 1.
Offices at the Bar building will be closed Monday, December 24, and Tuesday, December 25. E-Blast will resume on Thursday, December 27. Offices will also be closed Tuesday, January 1.
Calendar
December 21
Probate, Estate Planning & Trust Section Council Meeting, Conference Call
December 21
Probate, Estate Planning & Trust Section Council Meeting, Conference Call
New CLE publication available
Civil Practice and Due Process in Magistrate Courts by the Hon. George W. Jefferson is now available. This publication was written to supplement the materials in Civil Practice in Magistrate Courts and Landlord-Tenant Law and Procedure in Magistrate Court. Topics addressed include: jurisdiction, due process, burden of proof, motions, and much more. Each book purchase includes a CD of 18 sample forms. The cost is $35.00 per copy, plus shipping and handling and seven percent sales tax. For more information, contact Vera Belton at 803-771-0333/800-768-7787, ext. 126.
Civil Practice and Due Process in Magistrate Courts by the Hon. George W. Jefferson is now available. This publication was written to supplement the materials in Civil Practice in Magistrate Courts and Landlord-Tenant Law and Procedure in Magistrate Court. Topics addressed include: jurisdiction, due process, burden of proof, motions, and much more. Each book purchase includes a CD of 18 sample forms. The cost is $35.00 per copy, plus shipping and handling and seven percent sales tax. For more information, contact Vera Belton at 803-771-0333/800-768-7787, ext. 126.
Shipping and handling charges: For orders totaling $26-$50 = $8.00; $51-$100 = $10.00; and $101 or more = $12.00
Upcoming CLE Seminar topics
Please click the links below to view details on upcoming CLE offerings relevant to your area of practice.
Please click the links below to view details on upcoming CLE offerings relevant to your area of practice.
Family Law:
Child Witness Credibility
Child Witness Credibility
Real Estate:
2007 Commercial Real Estate Update
2007 Commercial Real Estate Update
Live Seminar:
Trial Presentation:
Winning Before Trial: The 10 Keys to Winning Depositions featuring Dominic Gianna
Trial Presentation:
Winning Before Trial: The 10 Keys to Winning Depositions featuring Dominic Gianna
Seminars/Teleseminars/Webcasts/Webinars
To register for any December program, 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.
To register for any December program, 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.
For a complete listing of upcoming CLE opportunities, view the CLE Calendar.
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