The House met on May 18, 2017, at Somerset Point in Pinopolis. Present were: Samuel K. Allen; J. Leeds Barroll IV; Samuel Robert Bass II; Sara Pendarvis Bazemore; Mark S. Berglind; Susan B. Berkowitz; Robin A. Braithwaite; Melody J. E. Breeden; Wendell Lawrence Brown; Christopher W. Burrows; George P. Callison Jr.; Beverly A. Carroll; Michael S. Cashman; George B. Cauthen; Mark Dale Chappell; Randall L. Charpia; Nicholas J. Clekis; Amie L. Clifford; M. Dawes Cooke Jr.; Lee Deer Cope; Leslie A. Cotter Jr.; Stephen M. Cox; William Carey Crantford; Charles Harmon Crawford III; Elise Freeman Crosby; Andrew Scott Culbreath; Martin S. Driggers Jr.; Rhett C. Dunaway; John D. Elliott; Kevin Ray Etheridge; Stinson Woodward Ferguson; Allen O. Fretwell; Rosalyn Woodson Frierson; Debra J. Gammons; Kenneth S. Generette; C. Allen Gibson Jr.; Bernadette Shawan Gillians; Robert Fredrick Goings; Harry L. Goldberg; Daryl G. Hawkins; Sean Joseph Hinton; Russell Thomas Infinger; Jacob H. Jennings; Lindsay Anne Joyner; Justin S. Kahn; D. Michael Kelly; Catherine H. Kennedy; Trent M. Kernodle; Francis B.B. Knowlton; Christopher R. Koon; Lanneau Wm. Lambert Jr.; Roy Free Laney; Jonathan W. Lounsberry; Angus H. Macaulay; Garry Donald Malphrus; John Lucius McCants; Kathleen McColl McDaniel; J. Edwin McDonnell; John O. McDougall; Joseph S. Mendelsohn; David B. Miller; Randall K. Mullins; Ivory L. Narcisse; Adam Christopher Ness; C. Tyson Nettles; Irish Ryan Neville; William M. O’Bryan Jr.; Cynthia Hall Ouzts; Alice F. Paylor; Jason P. Peavy; Sheally Venus Poe; Benjamin R. Pogue III; A. Marvin Quattlebaum Jr.; Marie-Louise Ramsdale; John Edward Robinson; Pamela DeFanti Robinson; John Edward Roxon; Martha Kent Runey; Dowse Bradwell Rustin IV; Nancy Doherty Sadler; Carmelo Barone Sammataro; Mary Elizabeth Sharp; Cheryl D. Shoun; Lana H. Sims Jr.; Michael Benjamin Smith; 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; Samuel Barton Tooker; Matthew N. Tyler; Robert Bruce Wallace; Elizabeth H. Warner; Dean Robert M. Wilcox; Donald B. Wildman; Charlie H. Williams III; Mitchell Willoughby; William M. Wilson III; William K. Witherspoon; David Whitten Wolf; Patrick Coleman Wooten; and Clinton Joseph Yarborough.
Guests present were Hon. R. Markley Dennis Jr., John S. Nichols and Megan S. Seiner.
Representing the Bar staff were: Cindy A. Coker; Nichole Davis; Warren Holland; Leah G. Johnson; Charmy Medlin; Jill C. Rothstein; Jason Stokes; Leigh G. Thomas, Robin Wheeler; and Robert S. Wells.
Chair Hagood Tighe called the meeting to order. A quorum was declared present.
The House observed a moment of silence for recently deceased former members Watson Dorn and Bill Pressley.
Mr. Quattlebaum moved to allow privileges of the floor to nonmembers. The motion was seconded, and it was approved.
Mr. Tighe stated that Agenda Item #11, Request from the Elder Law Committee to Oppose H.4013, had been withdrawn. Mr. McDougall moved to adopt the agenda as amended. The motion was seconded, and it was approved.
A motion was made to approve the Consent Agenda - approval of the minutes of the January 19, 2017, meeting; receipt of March Financial Statements; a request from the Solo and Small Firm Section to Amend Section bylaws and a request from the Dispute Resolution Section to amend Section bylaws. The motion was seconded, and it was approved.
Mr. Suggs recognized the 2017 Pro Bono Lawyer of the Year, Scott Bischoff.
Ms. Frierson recognized the 2017 Legal Services Lawyer of the Year, Adam Protheroe.
Mr. Neville recognized the 2017 Young Lawyer of the Year, Julie Moore.
Mr. Cox recognized the 2017 Law Related Education Lawyer of the Year, Joseph Bias.
Ms. Seiner provided a report on the activities of the SC Bar Foundation identifying some of the entities that had been served by SC Bar Foundation grants. She encouraged House members to contribute to the Foundation.
Mr. Witherspoon recognized the 2017 Mentor of the Year, Kirby D. Shealy III.
Under report of the President, Mr. Witherspoon noted the completion of year two of the strategic plan, adding that the SC Bar website had received an Award of Distinction. He provided updates on the Vulnerable Adult Task Force, local bar meetings, new CLE opportunities, the Mentoring Program and the Pro Bono Program. In closing he noted that the YLD and the Wellness Committee had been given awards for their efforts.
Mr. Barroll presented a request from the Professional Responsibility Committee to enable Court regulation of forms used for self-completion for legal matters and moved approval of a revised version presented onsite. The motion was seconded. Discussion ensued on the definition of legal form. Mr. Cauthen opined that the language was vague. Ms. Poe suggested that Section H be amended to add local government agencies. Mr. Barroll agreed to amend his motion to reflect the following change.
H. The requirements of this Rule shall not apply to any form created by a state statute, a state an agency (federal, state or local), non-profit agency, or by or for a court (state or federal).
Mr. Fretwell suggested additional language to Section F:
…any legal form and any other penalty the Court deems appropriate, including but not limited to (1) nullification of offending waivers and disclaimers of liability, (2) fines, (3) contempt action, etc.
Mr. Barroll agreed to add the additional language. Discussion ensued on the issue of non-profit agencies. Following discussion, the amended motion was approved.
As set by special order, the Assembly was convened. The Assembly was adjourned at the conclusion of its business.
Mr. Lounsberry presented a request from the Practice and Procedure Committee to amend Rule 13(a), SCRCrimP, to allow attorneys to sign subpoenas in criminal cases. He moved approval of the request. The motion was seconded, and it was approved.
Next, Mr. Nichols presented an amended proposal to the Supreme Court regarding limited scope attorney/client relationships. He reviewed the history of the proposal, noting that the House had previously approved the concept and that the re-crafted proposal was in response to concerns raised by the Court. Mr. Elliott moved approval of the proposal. The motion was seconded, and it was approved.
The following members were elected to the Nominating Committee: John L. McCants (Region 2), Melody J. Breeden (Region 3) and Nancy D. Sadler (Region 4).
Mr. Cooke presented Bar and CLE Division budgets for 2017-18 and moved approval. The motion was seconded, and it was approved.
Ms. Warner recognized outgoing Bar President Witherspoon with a plaque and gift.
There being no further business, the meeting was adjourned.
President Witherspoon convened a meeting of the Assembly as required under the Constitution and declared a quorum was present.
President Witherspoon thanked outgoing Board members and called incoming Bar officers and Board members forward for installation.
Following the installation of officers and Board members, the Honorable R. Markley Dennis Jr., presented brief remarks and installed Elizabeth H. Warner as President of the South Carolina Bar. Ms. Warner was recognized to make remarks.
The Assembly was adjourned.