EBlast 508 - January 29, 2008

South Carolina Bar's E-Blast
Volume 508 - January 29, 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.



Board of Governors meets
The Board met on January 24 in Charleston.
 
The Board approved the adoption of a base pricing policy for CLE seminars, which will allow necessary price increases or decreases of up to $20 annually in order to continue producing the number and variety of high quality programs while remaining fiscally prudent.
 
 
Requests from the Young Lawyers Division to sponsor a high school credit education course and to create a leadership program for young lawyers were approved. 
 
The work product of the Task Force on Real Estate Forms was presented. The draft forms will be sent to the Real Estate Practices Section for comment.
 
The Board approved a new member benefit, which will offer CoreVault computer back-up services to Bar members at discounted rates.

The Board received as information a report from the Attorneys Liability Protection Society on the state of its legal malpractice insurance market in South Carolina and a presentation from the Law Related Education Division on its LawforKids.org initiative.
 
 
House of Delegates convenes in Charleston
The Bar’s House of Delegates met on January 24 during the Bar Convention. During the meeting, Bar President Lanny Lambert reported the progress on initiatives made since the beginning of his term in May, citing member service as the top priority. He highlighted efforts such as the expansion of technology resources; development of uniform transactional forms and guidelines for real estate closings; evaluation of the Court’s pilot mentoring program; and efforts to alleviate the burden of criminal and civil case court appointments. Lambert also presented the 2007 Pro Bono Award to Columbia law firm Ellis, Lawhorne & Sims, PA.
 
The House approved a number of amendments to the Constitution and Bylaws. The constitutional amendments will be forwarded to the S.C. Supreme Court for approval.
 
The House approved a recommendation from the Practice and Procedure Committee that no action be taken regarding the selection, qualification and retention of municipal judges. A request from the Practice and Procedure Committee to amend Rule 43(k), SCRCP, to allow settlement agreements signed by all counsel to be enforceable was also approved.
 
A request from the Trial and Appellate Advocacy Section to amend Rule 226, SCACR, to expedite the S.C. appellate process was approved.
 
A request from the Criminal Law Section to support legislation that would allow assistant solicitors and public defenders to participate in the Police Officers’ Retirement System was approved.
 
The House remanded draft amendments to Rule 608 to the Board of Governors for further study, passing a portion related to moving PCR appointments to the criminal list. A resolution, which urges the General Assembly to provide adequate funding for civil court appointments, was approved.
 
A request to oppose pending legislation regarding the admission of expert testimony, H. 3725 and S. 687, was approved.
 
A report from the Bar Foundation was received.
 
The Assembly convened at the conclusion of the meeting and ratified the approved constitutional amendments.

PMAP - Your guide to...
Unraveling the complexities of new software. If you or someone you know is frustrated by endless searches for features on the new Office 2007 Ribbon, Classic Menu for Office 2007 Addintools can help. Classic Menu brings back the familiar menus and toolbars of Microsoft Office 2003 to Microsoft Office 2007. The software includes Classic Menus for Word, Excel, Access, Outlook and PowerPoint 2007. You can try it out for free for 15 days. After the trial period, the purchase price is $29.95. For more practice management advice, call (803) 799-6653, ext. 183 or e-mail pmap@scbar.org.
 
 
Volunteers needed for Ask-A-Lawyer phone banks
The South Carolina Bar Ask-A-Lawyer program, which enables lawyers to assist the public with its legal questions, will be held once a month through May. Television phone banks, staffed by volunteer attorneys, will air on various evening news shows around the state to encourage the public to call in with questions. Lawyers will also respond to questions online via a Web chat.  The Web chat allows attorneys to participate from the convenience of their office or home, simply by logging onto the Bar's Web site. Currently, volunteers are needed for the phone banks and online Web chats for Myrtle Beach on February 13, Greenville on March 12, Columbia on April 9 and Charleston on May 14. If you are interested in volunteering for one of the upcoming phone banks or Web chats, please contact Debbie Morris at (803) 799-6653, ext. 158.
 
 
SCALA educational program coming up
The S.C. Association of Legal Administrators invites you to attend its educational program "60 Technology Tips,” featuring Nancy Duhon, on Thursday, February 21 at the Suggs & Kelly Vista Community Room located at 500 Taylor St. in Columbia. SCALA has applied for two hours of CLE. First time attendees are free! For more information or to register, contact Kim Maddux at (803) 254-4035.

Advance Sheet update
January 29, 2008:
The Supreme Court affirmed the circuit court’s order reversing the magistrate’s dismissal and held that the arresting officer could prosecute Rainwater’s DUI case after the officer transferred to another law enforcement agency. The Court rejected Rainwater’s contention that the rule allowing police officers to prosecute magistrate level cases should be narrowly construed to mean that an officer of one agency may not assist another agency in the prosecution of the case. Citing State v. Sossamon, 298 S.C. 72, 378 S.E.2d 259 (1989), it is proper for an arresting officer or the supervisor of the arresting officer to prosecute a case; Sossamon did not distinguish between agencies, but rather on the role of the officers.
State v. Rainwater, No. 26423, is available online.
 

The Court reversed in part and remanded in this appeal involving a capital murder conviction. The trial court erred in refusing Cottrell’s request that the jury be charged voluntary manslaughter as a lesser offense of murder. Because the evidence was susceptible of more than one inference, and the trial court erred by holding that, as a matter of law, the victim was effectuating an arrest in a lawful manner when he tackled Cottrell from behind. The evidence in the case presented a jury question whether the arrest was lawful but effectuated through the victim’s unnecessary use of violence, thereby entitling Cottrell to a voluntary manslaughter charge under State v. Linder, 276 S.C. 304, 278 S.E.2d 335 (1981).  State v. Cottrell, No. 26424, is available online.
Chief Justice Toal dissented in a separate opinion.
 
In this interstate adoption case, appellants John and Jane Doe directly appealed from two South Carolina family court orders, both of which the Court reversed and remanded. The first order had dismissed appellants’ adoption action based on jurisdictional grounds, and the second order had enforced an Illinois decree, which ordered the return of the baby girl to respondent Birthmother in Illinois. Among its holdings, the Court stated that although the Does received indirect notice of the Illinois hearing and retained an attorney to enter a special appearance, they were never officially served notice of the hearing and were not provided with copies of the pleadings; where there is not even an attempt at service of process, the notice requirements of the federal Parental Kidnapping Prevention Act are not met, and actual notice is insufficient to confer personal jurisdiction. As to the second order, the Illinois decree was flawed and not entitled to full faith and credit in a South Carolina court because the Does were not named as parties to the Illinois actions and were not given proper notice and an opportunity to be heard.  
John Doe v. Baby Girl, No. 26425, is available online.
 
The Court affirmed the circuit judge’s decision to award attorneys’ fees pursuant to statute, but reduced the amount awarded due to several errors of law in the circuit judge’s decision.  The calculation of attorneys’ fees under the S.C. Code Ann. § 15-77-300, the “state action statute,” based on a percentage of the plaintiffs’ recovery was improper. The Court held that a lodestar analysis was the proper method for determining an award of “reasonable” attorneys’ fees under the statute; a lodestar figure is designed to reflect the reasonable time and effort involved in litigating a case, and it is calculated by multiplying a reasonable hourly rate by the reasonable time expended. A court may consider other factors justifying an enhancement of the lodestar figure with a "multiplier” before arriving at a final amount. Using this method, the Court reduced the amount of attorneys’ fees awarded to plaintiffs’ from $8.66 million to $445,226.60.  
Layman v. State, No. 26427, is available online. 
 
 
Discipline Orders
By order of January 28 the Court imposed a nine month suspension on O. Lee Sturkey for misconduct which included failure to communicate with clients, failure to pursue clients' objectives, failure to represent with due diligence and failure to respond to a lawful demand from a disciplinary authority. The Court also imposed compliance with a law office assistance program as a condition of reinstatement and found the Commission abused its discretion in denying a continuance because it did not allow the Office of Disciplinary Counsel the opportunity to obtain and present evidence to rebut surprise lack of harm evidence.
 
 
Reinstatement
By order of January 22 the Court reinstated C.H. Barrier to the practice of law.
 
 
Resignation 
By order of January 25 the Court accepted the resignation from the Bar of Jeffrey A. Jacobson of Gaithersburg, MD.
 
 
Firm Announcements
Clawson & Staubes, LLC announces that Lynn Lawandales Crooks has joined the firm located at 126 Seven Farms Dr., Ste. 200, Charleston 29492. (843) 577-2026.

Epps & Nelson announces that William Norman Epps III has become a partner with the firm located at 230 W. Whitner St., Anderson 29622. (864) 224-2111. The firm also announces the name change to Epps, Nelson & Epps.

Willard D. Hanna Jr. announces his return to individual practice and opening of Hanna Law, PA located at P.O. Box 14610, Surfside Beach 29587. (843) 650-2889.
 
 
Haynsworth Sinkler Boyd, PA announces that Louise (Ceasie) Myers Johnson has joined the Columbia office located at 1201 Main St., Columbia 29201. (803) 779-3080.

Meredith Law Firm, LLC announces that the firm has opened a second location at 5000 Thurmond Mall, Ste. 300, Columbia 29201. (803) 451-5000.

Miller Law Associates, PA announces that it has changed its name to The Miller Law Firm, PA located at 33 Market Point Dr., Greenville 29607. (864) 527-0413.

Nelson Mullins Riley & Scarborough, LLP announces that Joseph M. Ramseur Jr. has been elected to partnership of the firm located at 104 S. Main St., Greenville 29601. (864) 250-2300.
 
 
Steinberg Law Firm announces that Dale Van Slambrook has joined the Summerville office as managing partner located at 107 S. Main St., 29483. (843) 871-6522.

White & Smith Planning and Law Group announces the opening of a new office located at 255 King St., Charleston 29401. (843) 937-0201.
 
 
Calendar
January 31
Elder Law Committee-Pro Bono Subcommittee Meeting, Bar Building

February 1
Elder Law Committee Meeting, Bar Building
 
 
February 8
Administration & Regulatory Law Committee Meeting, Bar Building