SC Bar

South Carolina Bar's E-Blast                                                            
July 22, 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.




 
Protection from Domestic Abuse order
By order of July 17 the Court approved form SCCA 426ABCD, Protection from Domestic Abuse Act, bearing a revision date of July 2008. To view the full text of the order click here.

FDIC coverage for trust accounts
The South Carolina Bar Foundation and South Carolina Bar offer this link as a resource for attorneys seeking explanation of FDIC coverage for trust accounts.

Lawyer Referral Service e-mails confirmation reports
The Lawyer Referral Service is pleased to announce that it began e-mailing its confirmation reports on July 21, thus providing members with a faster and more efficient means of receiving their reports. If you are an LRS member, please be sure to keep your e-mail address updated and check it daily.

Networking and CLE event
On August 28, a special pre-game networking and continuing education event for young lawyers, young certified public accountants and young insurance professionals will be held. Later that evening, the USC Gamecocks will take on the NC State Wolfpack (at 8 p.m.) in a home football game televised on ESPN. "Issues in Choice of Entity Formation and Business Accounting" is co-sponsored by the Young Lawyers Division, the S.C. Association of Certified Public Accountants Professional Relations Task Force and the Midlands Chapter of the National Association of Insurance and Financial Advisors, in conjunction with the Bar's CLE Division. The program will be held at the Capital City Club in Columbia and has been approved for 4.5 hours of MCLE credit and 5.5 hours of CPE credit. The cost of the program is $135 and includes lunch and parking fees. A brochure is available detailing the seminar agenda and faculty and includes registration information. If you have questions regarding this program, please contact the CLE Division at (803) 771-0333 or (800) 768-7787.

Casemaker makes the case!
Be sure to experiment with the advanced search features of Casemaker. For example, did you know you can do an "or" search simply by putting parentheses around two terms separated by a comma? It can also work with phrases in quotation marks. For example, ("premises liability", "host liability") will locate documents with either term in the text. If you need a recent case, restrict your search in the case law library by date using the convenient date range boxes in the advanced search form. Research assistance is a phone call away. Call Lawriter toll free at 1-877-659-0801 from 8 a.m. to 8 p.m.

S.C. Bar Foundation Awards $182,813 to six Midlands organizations
The Community Mediation Center received $30,000 to focus on truancy and divorce mediation services. The Center will enhance these efforts through recruitment and training of volunteer mediators.

Richland County CASA, an organization that advocates for abused and neglected children in Richland County Family Court, will use $25,620 to host an inaugural nationwide volunteer training on minority and male recruitment. In addition, CASA will send its staff to the 2009 National CASA Conference in Colorado.

Sistercare offers legal representation at no cost to battered indigent women and their children in the Midlands. The $41,977 grant covers a portion of the personnel costs for the advocacy team and pays for litigation expenses and malpractice insurance.

Kershaw County Youth Court received a one-time award of $15,000 to help divert youth from family court. This grant will work towards a goal of reducing habitual relapse into negative behaviors by young people. For more information, call (803) 432-3902.

The James L. Petigru Public Interest Law Society is housed at the USC School of Law. A $20,000 award places law students in public interest clerkships during the summer. A small stipend allows the students to work in organizations that otherwise might not have the ability to pay for a clerk. Students participate in invaluable experiences that may have a great impact on their future career choices.

The USC School of Law Pro Bono Program was awarded $50,216 to support its promotion of giving back through service. Students participate in legal and non-legal volunteer opportunities such as becoming volunteer mediators, serving at the Volunteer Income Tax Assistance program or conducting canned food drives for Harvest Hope Food Bank.

The Bar Foundation is proud to serve as the philanthropic arm of the South Carolina Bar, having awarded more than $41 million to legal related non-profit and philanthropic organizations.

SCALA annual vendor fair
The SCALA annual vendor fair will be held Thursday, August 21, at the Columbia Metropolitan Convention Center from 3 to 7 p.m. All members of the Bar, in addition to legal administrators and support staff, are encouraged to attend. With 50 to 60 companies represented, this is a great opportunity to learn more about products and services specific to law firms, meet local company representatives and network with other law firm members. Light hors d'oeuvres, beer and wine will be served, and there will be drawings by several of the companies in attendance! There is no cost to attend. Click here to register.

Advance Sheet update
July 18, 2008
The Court of Appeals reversed Brannon's conviction for resisting arrest that had resulted from his fleeing on foot from police officers who yelled, "Stop, police." Considering the novel question of whether fleeing a police officer's simple demand to stop constitutes resisting arrest under S.C. Code Section 16-9-320(A), the court extensively analyzed both state and federal case law regarding the point at which arrest begins. Among cases examined, the Court thoroughly discussed California v. Hodari D., 499 U.S. 621 (1991), and concluded that "A suspect must yield to police demands or be physically restrained--if one of these elements is lacking, then an arrest has not been consummated." Finding that arrest could not be resisted if an arrest had not occurred and that the statute does not extend to investigatory stops or detentions, the Court reversed the Circuit Court's decision. 
State v. Brannon, No. 4428, is available online.
Judge Kittredge dissented in a separate opinion. 

July 21, 2008
The Supreme Court affirmed the lower Court's orders finding that personal jurisdiction was properly asserted over NV Sumatra, an Indonesian corporation, and granting summary judgment to the State on the issue that NV Sumatra had failed to comply with the Tobacco Escrow Fund Act, S.C. Code Ann. Sections 11-47-10 et seq. Among its holdings, the Court stated that personal jurisdiction over NV Sumatra was properly found under the South Carolina long-arm statute, S.C. Code Ann. Section 36-2-803(1)(h). Sumatra had minimum contacts with the United States as a whole and, via the stream of commerce theory, the State had shown NV Sumatra had minimum contacts with South Carolina; the requirements of fairness and due process had also been met.
State v. NV Sumatra Trading Co., No. 26522, is available online.

Firm announcements
Duffy & Young, LLC announces that Seth W. Whitaker and Lee A. Walters have joined the firm located at 96 Broad St., Charleston 29401. (843) 720-2044.

Frederick Defense Firm announces that Laura L. Loder has joined the firm located at 1700 N. Oak St., Ste. A, Myrtle Beach 29577. (843) 444-6122.

Lyles, Darr & Clark, LLP announces that Kenneth William Nettles Jr. (Neth) has become an associate of the firm located at 104 N. Daniel Morgan Ave., Ste. 300, Spartanburg 29306. (864) 585-4806.

Nelson Mullins Riley & Scarborough announces that Matthew E. Brown has joined the Charleston office located at 151 Meeting St., 29401. (843) 853-5200.

Sarah Ganss Drawdy announces the opening of The Drawdy Law Firm, LLC located at 2315 N. Main St., Ste. 218, Anderson 29621. (864) 261-3977.

In memoriam
Harry LaFoy Edwards, 71, of Greenville died on July 19. His obituary can be found at The Greenville News Web site.
 
Reese Irby Joye, 70, of Charleston died on July 20. To view the article about Joye in The Post and Courier, click here.

Ralph Leonard Kelly, 82, of Bennettsville died on July 15.

Calendar
July 25
Professional Responsibility Committee Meeting, Bar Building

July 28
Torts & Insurance Practices Section Council Meeting, Conference Call

July 30
Tax Law Section Council Meeting, Conference Call

July 31
YLD Executive Council Meeting, Conference Call

Upcoming CLE opportunities
Live seminars
Representing Foreign Nationals in South Carolina Family and Criminal Court, Friday, July 25 and via live Webcast
Faculty: Desiree Allen, Tammy Besherse, Ken Burkhart, Jada Charley, Patrick Cont, Hon. J. Gregory Hembree, Kana Rahman Johnson, Amanda Keaveny, Timothy Madden, Joy Mandanas, Kevin McDonald, Danielle Mitchell, Patricia Ravenhorst, Irene Steffas, James Thompson and Marco Torres

Post Conviction Relief: A Crash Course for the Court-Appointed Lawyer, Friday, August 1 and via live Webcast
Faculty: Tara Dawn Shurling

Boot Camp for Computer-Assisted Visual Trial Presentations, Friday, August 8
Faculty: William Booth III, Joel Collins, Prof. James Flanagan, Stacy Jemott-Hunt, Alex Rosen and Walter Todd Jr.

Civil Mediation Certification Training, Thursday, August 14 to Monday, August 18
Faculty: Harry Goodheart and Cotton Harness

How to Make Your Files PCR Proof, Friday, August 15 and via live Webcast
Faculty: Tara Dawn Shurling

New World DUI, Friday, August 22 and via live Webcast
Faculty: J. Benjamin Aplin, Debbie Banks, Barry Barnette, C. Andrew Carroll, Ronnie Cole, Lee Dutton, Zachary Ellis, James Huff, Larry Jones, Candice Lapham, Douglas McDonald Jr., Charles Morgan Jr., Heath Taylor and Emily Thomas

For a complete listing of upcoming live CLE opportunities, view the CLE Calendar.

Teleseminars
Partnerships Tax Principles, Part 2, Wednesday, July 23

S Corp Mergers, Monday, July 28

Letters of Credit: Practical Financial Uses in Transactional Practice, Tuesday, August 5

Art of the Deal: Equity Funding, Tuesday, August 12

Recent Developments in Race & National Origin Discrimination, Tuesday, August 19

For a complete listing of upcoming teleseminars, visit www.scbar.org/teleseminars. If you have any difficulty registering for these seminars, please e-mail service@webcredenza.com or call (800) 694-9747.

If you have any difficulty registering for a Webcast, please e-mail Matt Riley at mriley@scbar.org or call (803) 576-3818 or (800) 767-7787, ext. 118.

Seminars Direct Online is your one-stop online CLE portal, featuring a catalog of more than 100 Web-based on-demand seminars. To view the full catalog, visit www.scbar.org/seminarsdirect.

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