SC BAR

The Real Estate Practices Section Council met this date via conference call. Participating members included Paul Dillingham, Bill Higgins and Robert Lowman. Representing Bar staff was Tara Smith.

 

Chairperson Lowman called the meeting to order.

 

The first item of business was discussion on FY2006-07 Council nominations. It was noted that the Secretary and one Council member seat were vacant. Mr. Lowman announced that Susan Davis had expressed her desire to serve on the Council. Mr. Dillingham nominated Jean Pearson to also serve. The following slate was approved:

 

Chairperson: Lynn G. Stevens

Chairperson-Elect: Robert L. Buchanan Jr.

Vice-Chairperson: M. Jeffrey Vinzani

Secretary: Susan F. Davis

Section Delegate: Donald B. Wildman

Immediate Past Chairperson: Robert W. Lowman Jr.

 

Council Members

William O. Higgins (term expiring 2007)

Paul W. Dillingham (term expiring 2008)

Jeanne Pearson (term expiring 2009)

 

Since the Council members present did not constitute a quorum for the transaction of all business, the proposed slate was to be distributed to the Council for approval.

 

The next item of business was discussion on Rule 1.7: Conflict of Interest. Mr. Lowman noted that he had received several inquiries regarding the conflict of

interest form located in the Wachovia loan packets. The form states that the lawyer would represent both the client and the lender but if a dispute were to arise, each would be responsible for obtaining their own counsel. After much discussion, Mr. Higgins opined that the SC Supreme Court should expand the rule to better define the responsibilities of the South Carolina lawyer.

 

Next was discussion on the unauthorized practice of law. Mr. Lowman reported that Executive Director Bob Wells had asked for volunteers to meet with the SC Bankers Association and other lenders to find an agreement on closing practices. It was noted that Mr. Dillingham, Mr. Higgins and Mr. Lowman would meet with the other associations to further discuss.

 

There being no further business to discuss, the meeting was adjourned.