January 23, 2020

The House met on January 23, 2020 at the Columbia Metropolitan Convention Center in Columbia.    Present were: Grady Baldwin Anthony; Kenneth C. Anthony, Jr.; Erin E. Bailey; Jacob Shuler Barker;  J. Leeds Barroll, IV; Samuel Robert Bass, II; Mark S. Berglind; Susan B. Berkowitz; Joseph Pawel Bias; Matthew M. Billingsley; Margaret Miles Bluestein; Allen Mattison Bogan; James Edward Bradley; Melody J. E. Breeden; Twana Burris-Alcide; Derek Mitchell Bush; Beverly A. Carroll; George B. Cauthen; Matthew W. Christian; Amie L. Clifford; M. Dawes Cooke, Jr.; Lee Deer Cope; Darra W. Cothran; Leslie A. Cotter, Jr.;  Clarence Davis; Robert Scott Dover;  Martin S. Driggers, Jr.; Liam Donovan Duffy; Walter G. Dusky; Anne S. Ellefson; Eric K. Englebardt; Frank L. Eppes; F. Cordes Ford, IV; Allen O. Fretwell; Debra J. Gammons; Kenneth S. Generette; Bernadette Shawan Gillians; Harry L. Goldberg; Elizabeth Van Doren Gray; Martha L. Hamel; Doward Keith Harvin; Daryl G. Hawkins;  Teckla S. Henderson;  John Croom Colvin Hunter; Russell Thomas Infinger; Susan P. Ingles; Jacob H. Jennings; Charles A. Kinney, Jr.; Wes A. Kissinger; Francis B.B. Knowlton; Christopher R. Koon; Lanneau Wm. Lambert, Jr.; Roy Free Laney;  Jonathan W. Lounsberry; Angus H. Macaulay; Pierce T. MacLennan; Garry Donald Malphrus;  Walter Keith Martens; Karla Cecilia Martinez Lainez; John Lucius McCants; John O. McDougall; S. Leslie McIntosh; Tyler Andrew Melnick; Joseph S. Mendelsohn; David B. Miller; Steven T. Moon; Liz F. Morrison; M. Brooks Moss; Catherine Elizabeth Mubarak; Randall K. Mullins; Katherine rose Myers; Adam Christopher Ness; Irish Ryan Neville; Elizabeth Foy Nicholson; Greg Ohanesian; James Graham Padgett, III; Ross Buchanan Plyler; Sheally Venus Poe; Benjamin R. Pogue, III; Ashlin Blanchard Potterfield; Michelle Duncan Powers; Jacob Howell Raehn; Clary Edward Rawl, Jr.; Robert Lawrence Reibold; John Edward Robinson; John Edward Roxon; Martha Kent Runey; Nancy Doherty Sadler; Carmelo Barone Sammataro; Nina L. Savas; Stephen T. Savitz; Florence Patricia Scarborough; Mary Elizabeth Sharp; Nancy E. Shealy; Cheryl D. Shoun; Lana H. Sims, Jr.;  Jasmine Denise Smith; Lisa Lee Smith; Michael Benjamin Smith;  Henry B. Smythe; Jr.; Christian Giresi Spradley; Megan Finch Stevens; Randell Croft Stoney, III;  Hal M. Strange;  Fred W. Suggs, Jr.;  Steve Wayne Sumner; Jason F. Taylor; David L. Tedder; John Hagood Tighe;  Thomas S. Tisdale, Jr.; Robert E. Tyson, Jr.; Stephanie Millenbine van der Horst;  Charles Smith Verdin, IV; Robert Bruce Wallace; Bradish J. Waring; J. Calhoun Watson; Daniel B. White; Robert M. Wilcox, Sheila Marlouvon Willis; Mitchell Willoughby;  Ashleigh Rayanna Wilson; William M. Wilson, III; Carrington S. Wingard, William K. Witherspoon; David Whitten Wolf; and Clinton Joseph Yarborough.

Guests present were Capers G. Bar, III; Megan S. Seiner; Barbara M. Seymour and Michael J. Virzi.

Representing the Bar staff were: Monica Briscoe; Cindy A. Coker; Mary-Kathryn Craft; Nichole Davis; Jeremy Frazier; Betsy Goodale, Charmy Medlin; David M. Ross; Jason Stokes and Kali Turner. 

Chair Rusty Infinger called the meeting to order.  A quorum was declared present.  

Mr. Suggs moved to allow privileges of the floor to nonmembers. The motion was seconded, and it was approved.

Mr. Watson moved to adopt the agenda.  The motion was seconded, and it was approved.

Mr. Laney moved to approve the Consent Agenda - approval of the minutes of the May 16, 2019, meeting; receipt of November Financial Statements; a request from the Workers’ Compensation Section to amend Section bylaws and a request from the Pro Bono Board to amend bylaws.  The motion was seconded, and it was approved.

Next, Ms. Goodale and President Carroll presented George Cauthen and Fred Suggs with awards for their service to the Pro Bono Board.

Mr. Barr presented a resolution recognizing retired SC Department of Mental Health Director John H. Magill for his dedication to Lawyers Helping Lawyers and the overall mental health of South Carolina’s lawyers and judges. 

Under report of the President, Ms. Carroll provided an update on member engagement efforts, the creation of a House of Delegates focus group, diversity programming, wellness initiatives including a wellness themed SC Lawyer magazine, CLE Programming, the Pro Bono Program, Law Related Education and Bar communications.  In closing, she reminded House members about the Memory Hold the Door ceremony and encouraged them to attend.

Mr. Koon was recognized to provide a report on the activities of the SC Bar Foundation.   He reviewed the services provided by Sistercare and told the story of the process of getting a client back on her feet after being the victim of domestic violence.  The cost to help the client was approximately $5,000.  Mr. Koon challenged House members to commit to raising $5,000 by the close of the meeting.

Next, Mr. Virzi presented a request from the Professional Responsibility Committee to Amend Rule 1.10 of the Rules of Professional Conduct, “Imputation of Conflicts of Interest.”  Mr. Barroll moved approval of the request.  The motion was seconded, and it was approved.

Next, Ms. Seymour presented a request from the Professional Responsibility Committee to amend Rules 7.1 through 7.5 of the Rules Professional Conduct Related to Lawyer Advertising and Solicitation. Ms. Seymour reviewed the proposal noting that most of the changes were designed to bring greater uniformity between South Carolina’s advertising rules and the American Bar Association Model Rules.   Mr. Waring moved to adopt the proposal.  Discussion ensued.  Mr. Barroll moved to amend 7.3 (c)(3) to read as follows. “the solicitation concerns an action for the wrongful death unless the accident or disaster occurred more than 15 days prior to the solicitation.”

The motion was seconded.  Discussion ensued on the amendment.  Following discussion, the amendment was approved.  The Chair called for a vote on the main motion, approval of the proposal as amended.  The motion was approved.

Next, Mr. Ness presented a request to seek an Advisory Opinion from the SC Supreme Court confirming and supporting the renewed use of Rule 53, SCRCP, Special Referees and Masters in Equity in Family Court case.  He moved approval of the request.  The motion was seconded.  Mr. Barroll moved to add the following language to the end of the proposal.

“Provided, however, that no reference shall be made without the consent of both parties, except in cases of default or Family Court cases in which all parties agree that all issues were uncontested.” 

The motion was seconded.  Following discussion, the motion to amend was approved.  Discussion ensued on the main motion as amended.  Following discussion, the motion was approved.

Mr. Koon reported that House members had committed to donating $9,000 for Sistercare.  He thanked members for their support.

There being no further business, the meeting was adjourned.