South Carolina Bar\'s E-Blast                                                            
July 8, 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.





Multi-week trial docket ordered
By order of June 26 the Court issued a multi-week trial docket for the 9th, 14th and 15th Judicial Circuits. To view the full text of the order, click here.

Public hearing on proposed rule amendments
By notice dated March 19, the Supreme Court scheduled a public hearing at 11 a.m. on July 9 regarding proposed amendments to Rule 5 of the S.C. Rules of Criminal Procedure, Rules 16 and 26 of the S.C. Rules of Civil Procedure and Rules 701, 702 and 703 of the S.C. Rules of Evidence. The Court has indicated that three minutes will be allocated to hear comments from each person who has filed a request to be heard during this public hearing, and it is anticipated that these persons will be heard in the order shown in this list.

Bar Foundation awards $197,500 to select Upstate organizations
Law In Action was awarded $30,000 for its work to relieve the burden of overcrowding at the Greenville County Detention Center. Through its Jail Project, inmates detained for minor charges are assisted with obtaining pretrial release, addressing their bond situation and improving communication with the courts. 
 
The Upstate Community Mediation Center was awarded $90,000 to help meet mandatory mediation needs in Greenville County family and circuit courts. With Foundation support, the Center will not only continue existing services, but also will offer mediation through the S.C. Probate Pilot Mediation Program.
 
An award of $52,500 was made to Furman University, which will serve as the administering school for an opening round of the National Mock Trial Tournament in January 2009. The competition is likely to include more than 370 students and 200 attorneys. 
 
The YMCA\'s Youth in Government program received $25,000 to provide civic education and leadership development programs to middle and high school students. Foundation dollars provide general support as well as scholarship assistance to Title One schools. To learn more about this initiative, please contact Mary Capers Bledsoe at (864) 787-4754.
 
The 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. For more information, visit www.scbarfoundation.org.

Installation invitation
Bar members are invited to attend the installation of D. Grant Gibbons as the Chief Public Defender for the Second Judicial Circuit on July 9 at 5 p.m. at the Aiken County Courthouse.

Safe surrender
A Fugitive Safe Surrender program for those who have committed a non-violent felony crime with no history of violence will be held July 9-12 from 9 a.m. to 5 p.m. at Bible Way Church on Atlas Rd. Attorney volunteers are needed to consult with those wishing to surrender in safety. Criminal defense attorneys are preferred. For more information or to volunteer, call Tim Stec at (803) 576-3167.

What\'s your exit strategy?
The July/August edition of The Complete Lawyer focuses on the financial, emotional and physical dimensions of creating an exit strategy that will help you achieve your goals--whether you are approaching the end of your career or just starting out. While the best strategies are developed early, it\'s never too late to start. To read this edition, click on the link above. The Complete Lawyer is an e-magazine provided free to Bar members focusing on professional development and quality of life issues. To subscribe, e-mail aclemons@scbar.org.

Iowa Disaster Relief Fund contributions being accepted
Late last month the Iowa State Bar Association\'s Board of Governors established a task force to assist attorneys affected by the disastrous tornadoes and flooding in eastern Iowa. The task force reviewed the needs of the affected attorneys as best as those needs can be determined at this time. Two major needs surfaced -- cleanup and file reclamation. Task force members determined that money to help defray the costs of these specialists would be the best way to help affected attorneys. A Disaster Relief Fund has been set up within the Iowa State Bar Foundation, a 501 (c) (3) nonprofit corporation, for those who want to make a contribution. Contributions should be made to: The Iowa State Bar Foundation, 625 East Court Ave., Des Moines, IA 50309.

Patent, trademarks and copyrights workshop
SCORE (Service Corps of Retired Executives) is hosting a workshop on patents, trademarks and copyrights featuring John Perkins of McNair Law Firm on Tuesday, July 15, from 9:30 a.m. to 1 p.m. at the Greater Columbia Chamber of Commerce. The cost is $75. To register, click here.

Advance Sheet update
July 8, 2008
The Court of Appeals reversed the grant of summary judgment to defendant Insurance Associates in this insurance case involving an assigned cause of action for professional negligence; the assignment resulted from a settlement agreement with other involved parties. The court stated that settlements like the one in this case are favorable as so long as the risk of collusion among the parties is minimized. The court reversed the dismissal of Selective Insurance Company\'s cross-claim for equitable indemnification against Insurance Associates; Selective raised genuine issues of fact regarding the policy guidelines, and summary judgment was therefore inappropriate. 
Fowler v. Hunter, No. 4422, is available online.

The court affirmed the trial court\'s decision to admit into evidence prior written statements from a testifying witness in this criminal case. The court found the witness\'s statement and testimony met the four element test set forth in State v. Saltz, 346 S.C. 114, 121-22 (2001), that must be satisfied before a prior consistent statement can be admitted into evidence based upon Rule 801(d)(1)(B).
State v. Nelson, No. 4423, is available online.

The court reversed the family court\'s order terminating husband\'s obligation to pay wife alimony, awarding husband reimbursement alimony and requiring wife to pay husband\'s attorney\'s fees and costs, and remanded the case for reconsideration. Among its holdings, the court stated that the family court erred in its interpretation of section 20-3-130(B)(1), which allows for the termination of periodic alimony upon "the remarriage or continued cohabitation of the supported spouse. ..." Citing the recent state Supreme Court case of Strickland v. Strickland, 375 S.C. 76 (2007), which interpreted "continued cohabitation" in a similar statute, the court held that section 20-3-130(B)(1) requires the spouse and the paramour to actually "live under the same roof" for 90 consecutive days rather then merely claim the same residence for that time period. 
Semken v. Semken, No. 4424, is available online.

The court affirmed in this action arising out of Fairfield County\'s attempt to condemn McNair\'s property. After McNair challenged the County\'s right to condemn, he received inadequate responses to discovery requests and then moved for sanctions. The trial court granted the motion, struck the County\'s answer and dismissed the condemnation action with prejudice. While the court acknowledged the penalty\'s harshness, the trial court did not abuse its discretion. 
McNair v. Fairfield County, No. 4425, is available online.

Discipline
By order of June 30 the Court suspended Kenneth L. Mitchum for nine months for misconduct involving neglect, misrepresentation and providing financial assistance to a client.
 
By order of June 30 the Court imposed a public reprimand on Michael David Wood for misconduct involving opening a package addressed to the husband of his client.
 
Firm announcements
Attorney General Henry McMaster announces the hiring of John Crout, Gregory Jones and Alphonso Simon with offices located at 1000 Assembly St., Columbia 29201. (803) 734-3970.

Turner-Vaught Law Firm, LLC announces the opening of its new office located at 1039 44th Avenue N., Ste. 101, Myrtle Beach 29577. (843) 492-0369.

In memoriam
Samuel L. Reid, 87, of Washington, DC died on June 13. His obituary can be found at the Citadel Alumni Web site.

Calendar
July 10
Board of Governors Meeting, Conference Call

July 11
ADR Section and Commission Meetings, Suggs & Kelly Law Center, Columbia

July 18
Ethics Advisory Committee Meeting, Meridian Building, Columbia

July 25
Professional Responsibility Committee Meeting, Bar Building

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

July 31
YLD Executive Council Meeting, Conference Call

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