The House met on January 18, 2018, at The Sanctuary on Kiawah Island. Present were: Samuel K. Allen; Kenneth C. Anthony; J. Leeds Barroll, IV; Samuel Robert Bass, II; Shaheena R. Bennett; Mark S. Berglind; Susan B. Berkowitz; Maryann Elizabeth Blake; J. Steedley Bogan; James Edward Bradley; Melody Joy Edelman Breeden; Beverly A. Carroll; George B. Cauthen; Amie L. Clifford; M. Dawes Cooke, Jr.; Lee Deer Cope; Leslie A. Cotter, Jr.; Stephen M. Cox; Elise Freeman Crosby; Mary Elizabeth Crum; Martin S. Driggers; Rhett C. Dunaway; Walter George Dusky; Eric K. Englebardt; C. Allen Gibson, Jr.; Bernadette Shawan Gillians; Robert Fredrick Goings; Harry L. Goldberg; Elizabeth Van Doren Gray; Jack William Hammack; Daryl G. Hawkins; John Croom Clovin Hunter; Russell Thomas Infinger; Charles Epps Ipock; Daniel Edward Johnson; Lindsay Anne Joyner; Catherine H. Kennedy; Edwin Thompson Kinney; Wes A. Kissinger; Francis B.B. Knowlton; Christopher R. Koon; Lanneau Wm. Lambert, Jr.; LeRoy Free Laney; Jonathan William Lounsberry; Angus H. Macaulay; Walter Keith Martens; John Lucius McCants; J. Edwin McDonnell; John O. McDougall; Joseph S. Mendelsohn; David B. Miller; Julie Lauren Moore; Julie Jeffords Moose; Meredith Brooks Moss; Catherine Elizabeth Mubarak; Irish Ryan Neville; Cynthia Hall Ouzts; James C. Parham, Jr.; Elizabeth B. Partlow; Alice F. Paylor; Jason P. Peavy; Ross Buchanan Plyler; Benjamin R. Pogue, III; Tommy D. Preston, Jr.; William M. Reynolds; Pamela Jane Roberts; Pamela DeFanti Robinson; John Edward Rosen; John Edward Roxon; Martha Kent Runey; Nancy Doherty Sadler; Carmelo Barone Sammataro; Stephen T. Savitz; Brittany Dreher Senerius; Barbara Marie Seymour; Mary Elizabeth Sharp; Cheryl D. Shoun; Jane Opitz Shuler; Mary Amanda Harrelson Shuler; Lana H. Sims, Jr.; Lisa Lee Smith; Michael Benjamin Smith; Henry B. Smythe; Christian Giresi Spradley; Megan Finch Stevens; Randell Croft Stoney, III; Hal M. Strange; Fred W. Suggs, Jr.; Jason F. Taylor; David L. Tedder; William R. Thomas; John Hagood Tighe; Robert E. Tyson, Jr.; Robert Bruce Wallace; Regina Bechtler Ward; Bradish J. Waring; Elizabeth H. Warner; J. Calhoun Watson; Dean Robert M. Wilcox; Donald B. Wildman; Marguerite S. Willis; Mitchell Willoughby; Ashleigh Rayanna Wilson; William M. Wilson, III; Carrington Sally Baker Wingard; David Whitten Wolf and Clinton Joseph Yarborough.
Guests present were: Hon. J. Mark Hayes, II; Megan Seiner; Kirsten Small and Michael J. Virzi.
Representing the Bar staff were: Warren Holland; Leah G. Johnson; Charmy Medlin; Jason Stokes and Robert S. Wells.
The Chair called the meeting to order. A quorum was declared present. Mr. Waring moved to allow privileges of the floor to nonmembers. The motion was seconded, and it was approved. The Chair stated that agenda item #12 would be moved up as agenda item #4.5. A motion was made to adopt the agenda as amended. The motion was seconded, and it was approved.
Ms. Joyner moved to approve the Consent Agenda - approval of the minutes of the May 18, 2017, meeting; receipt of November Financial Statements; and a request from the Solo and Small Firm Section to amendy bylaws. The motion was seconded, and it was approved.
Judge Hayes recognized the 2017 Law Day Essay Contest winner, LaVang Bui of James F. Byrnes High School.
Ms. Seiner provided an update on the activities of the Bar Foundation and encouraged members of the House to contribute.
Under report of the President, Ms. Warner provided updates on Bar activities including the strategic plan, the Pro Bono Program and CLE Division programming and services. She stressed the importance of the Bar’s Lawyers Helping Lawyers program and encouraged members to take advantage of the services provided. In closing, she thanked House members for their service and recognized Bar staff, noting the retirement of Executive Director, Bob Wells.
Next, Ms. Joyner presented a request from a request from the Lawyers Helping Lawyers Commission and Wellness Committee to amend Rule 408, SCACR, to require one hour of Substance Abuse/Mental Health instruction every two reporting years rather than every three reporting years. She moved approval of the request. The motion was seconded, and it was approved.
Ms. Small presented a request from the Professional Responsibility Committee to amend Rule 1.10, Rule 407, SCACR, to permit screening in law firms. A motion was made to approve the request. The motion was seconded. Following discussion, the motion was approved.
Next, Ms. Small presented requests from the Professional Responsibility Committee to amend Rules 1.0, 1.1 and 1.6 of the Rules of Professional Conduct. The amendments were designed to highlight the importance of technology in the practice of law and risk balance. A motion was made to adopt the proposed amendments. The motion was seconded. Discussion ensued. Mr. Barrow moved to strike the changes to Rule 1.1 and Rule 1.6 and leave all comments. The motion was seconded, and it was approved. Mr. Miller moved to add the following language to Comment 20:
“Unless special circumstances dictate otherwise, reasonable efforts to present third party access, inadvertent or unauthorized disclosure does not necessitate encrypted, password protected, or other such similar electronic communication protections.”
The motion was seconded, and it was approved. Mr. Taylor moved to amend Rule 1.0 by replacing “and e-mail electronic communication” with “e-mail or other like electronic communication.” The motion was seconded, and it was approved. Mr. Tedder moved that the proposed changes be referred back to the Committee so that the suggested amendments from the House could be reviewed and incorporated into a revised proposal to be submitted at a future House of Delegates meeting. The motion was seconded, and it was approved.
Next, Mr. Virzi presented a request from the Professional Responsibility Committee to amend Rule 1.6, Rule 407, SCACR, to permit reference to citations to published opinions. Mr. Bogan moved approval of the request. The motion was seconded. Following discussion, the motion was approved.
Mr. Lounsberry presented a request from the Practice and Procedure Committee to amend Rule 33, SCRCP , to allow for parties to a Family Court action to serve interrogatories in addition to the standard interrogatories. He moved approval of the request. The motion was seconded, and it was approved.
Next, Mr. Lounsberry presented a request from the Practice and Procedure Committee to amend Rule 5(b)(1), SCRCP, to allow parties to consent to electronic service of documents. He moved approval of the request. The motion was seconded. Discussion ensued. Mr. Kahn moved to amend the proposal as follows:
“…completed upon transmission, and treated as mail if the consenting party promptly responds acknowledging receipt but is not effective if the serving party learns that it did not reach the person to be served.” The motion was seconded, and was approved. The motion as amended failed.
Next, Ms. Carroll presented a proposal to increase member license fees by $15 beginning with the 2019 collection cycle. The request was based on the Board of Governors’ new five-year fiscal plan. Ms. Carroll moved approval of the request. The motion was seconded. Following discussion, the motion was approved.
Ellen Cheek and Zandra Johnson were nominated for reappointment and G.P. Diminich and Shawan Gillians were nominated for appointment to the Commission on CLE and Specialization. The nominees were to be presented to the Court.
Ms. Bailey presented a request from the Trial and Appellate Advocacy Section to support funding for courtroom improvements for the hearing impaired. A motion was made to approve the request. The motion was seconded, and it was approved.
Next, Mr. Kunes presented a request from the Probate, Estate Planning and Trust Section, Elder Law Committee and Children’s Law Committee to adopt the Uniform Transfer to Minors Act, an updated version of the Uniform Gifts to Minors Act. A motion was made to approve the request. The motion was seconded, and it was approved.
Mr. Parham commented on the history of collegiality of the House of Delegates and encouraged members to take advantage of opportunities to serve as guardians of constitutional law by working to preserve justice and freedom.
There being no further business, the meeting was adjourned.