SC Bar

South Carolina Bar's E-Blast                                                              
June 3, 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.




Access living history at your fingertips!
More oral history interviews have been added to the Foundation's collection. Click here to see and hear the recently added interviews of Ruth W. Cupp, Harold Jacobs and I.S. Leevy Johnson. For more information on the Oral History program, contact Shannon Willis Scruggs at (803) 765-0517. 

YLD online auction
The Bar's Young Lawyers Division is conducting an online auction with items leftover from the 2008 Justice Jam. Proceeds will benefit the Bar's Pro Bono Program. Funds will be used to pay court costs and filing fees for indigent citizens.The last bid must be placed no later than 5 p.m. on June 9. Please note that a seven percent sales tax will be added to the winning bid. To view items or place a bid, click here or contact Tara Smith at tsmith@scbar.org.

Advance Sheet update
May 29, 2008
The Court of Appeals affirmed the grant of a directed verdict for defendant Sheriff Lott in this civil suit arising from the death of Chad Jones, who was attempting to escape from police custody when he was shot. While the plantiff raised three issues on appeal, he failed to appeal the issue of Lott's immunity under Section 15-78-60(6). Therefore, the circuit court's ruling on Lott's immunity warranted the affirmance of the directed verdict under the two issue rule, which states that when a general verdict can be supported by more than one cause of action submitted to it the appellate court will affirm, unless the appellant appeals all causes of action.  
Jones v. Lott, No. 4396, is available online.

In a per curiam opinion, the court affirmed in part, reversed in part and remanded in this divorce action. The family court erred in failing to find Wife committed adultery because Husband met his burden of proving Wife had both the inclination and the opportunity to commit adultery such that an award of alimony to Wife was improper. The family court also erred in assessing the value of a timeshare solely against Husband when both parties were equally at fault in allowing it to enter into default. Further, the family court erred in classifying Husband's gun collection as marital property because Wife did not meet her burden in proving the guns were marital property. Conversely, the family court did not err in determining a backhoe was marital property because the Husband failed to prove it was non-marital property. Lastly, the court reversed and remanded the issue of attorney's fees against Husband for reconsideration. 
Brown v. Brown, No. 4397, is available online. 

June 2, 2008
The Supreme Court affirmed the lower court's denial of Wilson's petition for a writ of mandamus seeking specific types of access to records pertaining to the operations of Anderson County's government, including financial records and legal bills, which were in the respondent County Administrator Preston's possession. Although Wilson, as a county council member, cannot be denied access to the documents, a writ of mandamus cannot issue to compel the Administrator to deliver the county's financial documents to Wilson in a particular manner or within a particular time frame. Further, a writ of mandamus cannot issue to compel the Administrator to release attorney-client privileged information without authorization by the client county; the Council, as a whole, must authorize the release of that information and waive the privilege before an individual council member can review privileged documents.
Wilson v. Preston, No. 26497, is available online.
Chief Justice Toal concurred in a separate opinion in which Justice Pleicones concurred.
Justice Beatty concurred in part and dissented in part in a separate opinion. 

The Court affirmed in part, reversed in part, and remanded in this action regarding a putative class of persons denied a state sales tax exemption for the purchase of diabetic medical supplies under Section 12-39-2120(28)(b). Drummond raised four issues on appeal, and among its holdings, the Court stated that Section 1-23-150, not the Revenue Procedures Act, applied to Drummond's cause of action challenging S.C. Reg. 117-332 as exceeding the Department of Revenue's authority. Although the more specific statute usually prevails, in this instance the Court concluded the Revenue Procedures Act could not apply because of the limitation on the Administrative Law Court's authority to rule on a regulation's validity. The Court accordingly reversed the trial court's dismissal of Drummond's cause of action under Section 1-23-150 and remanded for a determination on the merits.
Drummond v. State, No. 26498, is available online.

Firm announcements
Haynsworth Sinkler Boyd, PA announces that Aarati (RT) Doddanna has joined the firm's Charleston office located at 134 Meeting St., Third Fl., 29401. (843) 720-4425.

J. Olin McDougall II announces the relocation of the McDougall Law Firm to 115 Lady's Island Commons, P.O. Box 1336, Beaufort 29901. (843) 379-7000.

Discipline
By order of May 29 the Court has reinstated J. Michael M. Farrell of Philadelphia, PA, to the practice of law.

By order of June 2 the Court imposed a public reprimand on Patrick James Thomas Kelley for misconduct which included a conflict of interest in representing one person in a criminal matter while representing the criminal complainant with the criminal defendant in a civil action.
 
By order of June 2 the Court suspended Richard Allen McDowell Sr. for two years for misconduct which included, across ten matters, neglect, inadequate communication and not protecting client interests upon terminating representation.
 
By order of June 2 the Court imposed a public reprimand on former magistrate and municipal court judge Charles T. Carter (not a Bar member) for misconduct which included pleading guilty to a serious crime. Carter may not seek or accept a judicial position in South Carolina without permission of the Court.

In memoriam
John P. Jellico, 84, of Cocoa Beach, Fl., died on February 17. His obituary can be found at the Florida Today Web site.

Daphne Dell Sipes, 54, of Lexington died on May 24. Her obituary can be found at The State Web site.

Calendar
June 5
Access to Justice Commission Public Hearing, Florence County Courthouse

June 6
Elder Law Committee Meeting, Bar Building

June 13
Criminal Law Section Council Meeting, Bar Building
Health Care Law Section Council Meeting, Bar Building

June 20
Ethics Advisory Committee Meeting, Bar Building

June 24
Nominating Committee, Conference Call
Unauthorized Practice of Law Committee Meeting, Bar Building

June 27
South Carolina Lawyer Editorial Board Meeting, Bar Building

June 29
Access to Justice Commission Public Hearing, Spartanburg County Courthouse

Upcoming CLE opportunities
Publications -- New release
Nuts and Bolts of South Carolina Substantive & Procedural Law, Third Edition - A Trial Notebook by the Hon. Ralph King Anderson Jr. is the product of Judge Anderson's 29 years of distinguished service on the South Carolina circuit and appellate benches. The third edition, expanded to more than 800 pages of text and updated to cover case and legislative developments through 2007, is designed to be a one volume resource for busy litigators who don't have time to prepare a comprehensive, authoritative trial notebook covering all of the major issues that might surface during the trial. Nuts and Bolts of South Carolina Substantive and Procedural Law, Third Edition is not just a spectacular desk reference! Now, for the first time, this amazing work comes with a CD ROM that contains the entire book, transforming it into a powerful electronic library that puts the most important trial resources ever published in this state at your fingertips in a searchable, printable format. The cost is $125 per book, plus shipping and handling and seven percent S.C. sales tax. Shipping and handling charges: The charge for orders totaling $25 or less is $6; $26 - $50 is $8; $51- $100 is $10.00; for orders totaling $101 or more the cost is $12. To order please click the link above or contact Vera Belton at (803) 771-0333 or (800) 768-7787, ext. 126.

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