Minutes House of Delegates January 20, 2022
The House met this date at the Hyatt Regency Greenville.
Participating were: Margaret Elise Baker; Martin Rast Banks; J. Leeds Barroll, IV; Cherie T. Barton; Samuel Robert Bass, II; Mark S. Berglind; Susan B. Berkowitz; Joseph Pawel Bias; Maryann Elizabeth Blake; Kristine Jay Braswell‐ Amin; Derek Mitchell Bush; Beverly A. Carroll; George B. Cauthen; Aleksandra Boguslawa Chauhan; John Ford Connell, Jr.; M. Dawes Cooke, Jr.; Leslie A. Cotter, Jr.; A. Sandy Cruickshanks, IV; Larry Cunningham; Elnora Jones Dean; Steven David Dluzneski; Robert Scott Dover; Jane Harris Downey; Martin S. Driggers, Jr.; Walter George Dusky; John D. Elliott; Eric K. Englebardt; Frank L. Eppes; F. Cordes Ford; Debra J. Gammons; Michael Frederick Gillen; Doward Keith Harvin; Russell Thomas Infinger; James Matthew Johnson; Justin S. Kahn; D. Michael Kelly; Catherine H. Kennedy; Christopher R. Koon; Roy Free Laney; Angus H. Macaulay; Garry Donald Malphrus; John O. McDougall; Elizabeth Holland McFarland; S. Leslie McIntosh; E. Scott Moise; Meredith Brooks Moss; Adam Christopher Ness; Benjamin Edward Nicolson, V; Vincent Charles Northcutt; Ross Buchanan Plyler; S. Venus Poe; Michelle Duncan Powers; Frederick Elliott Quinn, IV; Joseph Louis Raad; Robert Lawrence Reibold; Bradley Keith Richardson; Carmelo Barone Sammataro; Mary Elizabeth Sharp; N. Gruber Sires; Jasmine Denise Smith; Krystal Watson Smith; Fred W. Suggs, Jr.; Robert Ernest Sumner, IV; Jeanmarie Tankersley; David L. Tedder; John Hagood Tighe; Michael J. Virzi; Regina Bechtler Ward; Zachery Lee Weaver; Mitchell Willoughby; William Marvin Wilson, III; Nicole Nichols Workman and Clinton Joseph Yarborough.
Guests present were: Daniel L. Draisen, Bess J. DuRant, Judge J. Mark Hayes, II, and Donald B. Wildman.
Representing the Bar staff were: Cindy A. Coker, Mary‐Kathryn Craft, Nichole Davis, Jeremy Frazier, Charmy Medlin, David M. Ross, and Jason Stokes.
Chair Chris Koon called the meeting to order. A quorum was declared present.
A motion was made to allow privileges of the floor to nonmembers. The motion was seconded, and it was approved.
Chairperson Koon advised the House that Agenda Item 5, Request from the Practice and Procedure Committee to amend Rule 26, SCRCP, and Agenda Item 8, Request from the Professional Responsibility Committee to Revise the SC Rules of Professional Conduct in re Lawyer Advertising, had been removed from the agenda. The amended agenda was adopted by acclamation.
Mr. Tedder moved to approve the Consent Agenda ‐ approval of the minutes of the July 30, 2021, meeting and receipt of November Financial Statements. The motion was seconded, and it was approved.
Ms. DuRant recognized the 2021 Trial and Appellate Advocate of the Year, Thornwell F. “Biff” Sowell, III.
Mr. Cruickshanks reviewed the history of the Senior Lawyers Division Law Day Essay Contest and noted that the contest had been renamed the J. Mark Hayes, II, Law Day Essay Contest to honor Judge Hayes’ development of and commitment to the project. Mr. Wildman elaborated on Judge Hayes’ leadership skills and contributions. Judge Hayes recognized the 2021 Law Day Essay Contest winner David White of Pickens High School.
Under Report of the President, Ms. Sharp provided updates on the Bar’s Diversity efforts and reviewed the results of the Bar member survey. She noted the Lawyers Helping Lawyers program including the increase in usage of the free counseling services, the addition of new staff and the adoption of a three‐year strategic plan. She reviewed the results of the recent Access to Justice Commission justice gap survey and the efforts of the Bar’s Pro Bono Program. In closing, she noted the work on the Bar’s strategic plan.
Next, Ms. Poe provided an update on the activities of the SC Bar Foundation. She reviewed the mission of the Bar Foundation and provided statistics on donations and grantees. In closing, she encouraged members of the House to become donors and provided information on methods of donation.
Mr. Laney reviewed the mission and goals of the SC Supreme Court Historical Society and upcoming events. He encouraged House members to join the Society.
Next, Mr. Draisen presented a request from the Resolution of Fee Disputes Board to amend its rules. The proposed changes would give the Board quasi‐judicial immunity and eliminate language allowing for the appointment of a lawyer to represent a claimant at a panel hearing. Mr. Barroll moved approval of the proposed amendments to Rule 4. The motion was seconded, and it was approved. Mr. McDougall moved approval of the proposed amendments to Rule 14. The motion was seconded, and it was approved.
Next, Mr. Virzi presented a request from the Professional Responsibility Committee to amend Rule 1.15(e). The proposed changes would allow clients to have timely access to funds or other property in cases where a third‐party claim had been raised but not actively pursued. He moved approval of the request. The motion was seconded, and it was approved.
There being no further business, the meeting was adjourned.