The House met on May 24, 2018, at Wild Dunes Resort on Isle of Palms. Present were: Samuel K. Allen; J. Leeds Barroll, IV; Mark S. Berglind; Susan B. Berkowitz; Maryann E. Blake; J. Steedley Bogan; Melody J. E. Breeden; George P. Callison, Jr.; Sherri Marie Carr; Beverly A. Carroll; George B. Cauthen; Randall L. Charpia; Nicholas J. Clekis; Amie L. Clifford; M. Dawes Cooke, Jr.; Lee Deer Cope; Leslie A. Cotter, Jr.; Stephen M. Cox; Elise Freeman Crosby; Rhett C. Dunaway; Walter G. Dusky; Eric K. Englebardt; Debra J. Gammons; Kenneth S. Generette; C. Allen Gibson, Jr.; Jack W. Hammack; Daryl G. Hawkins; John Croom Colvin Hunter; Russell Thomas Infinger; Jacob H. Jennings; Lindsay Anne Joyner; Catherine H. Kennedy; Christopher R. Koon; Lanneau Wm. Lambert, Jr.; Roy Free Laney; Jonathan W. Lounsberry; Garry Donald Malphrus; Walter Keith Martens; David Andrew Maxfield; J. Edwin McDonnell; Joseph S. Mendelsohn; David B. Miller; Julie Jeffords Moose; Meredith Brooks Moss; Randall K. Mullins; Ivory L. Narcisse; Adam Christopher Ness; William M. O’Bryan, Jr.; Cynthia Hall Ouzts; Jason P. Peavy; Benjamin R. Pogue, III; John Edward Robinson; Pamela DeFanti Robinson; John Edward Rosen; John Edward Roxon; Martha Kent Runey; Nancy Doherty Sadler; Stephen T. Savitz; Barbara Marie Seymour; Mary Elizabeth Sharp; Cheryl D. Shoun; Jane Opitz Shuler; Lana H. Sims, Jr.; Michael Benjamin Smith; Megan Finch Stevens; Randell Croft Stoney, III; Hal M. Strange; Fred W. Suggs, Jr.; David L. Tedder; William R. Thomas; John Hagood Tighe; Regina Bechtler Ward; Bradish J. Waring; Elizabeth H. Warner; Dean Robert M. Wilcox; Donald B. Wildman; Mitchell Willoughby; William M. Wilson, III; Carrington S.B. Wingard; William K. Witherspoon; David Whitten Wolf; and J. Rutledge Young, Jr.
Guests present were Lyndey Bryant; Megan Dell; Amy Hill, J. René Josey, Gary Lemel; Thomas Pendarvis; Nathan Sheldon and Megan Seiner.
Representing the Bar staff were: Cindy A. Coker; Stinson Ferguson; Jeremy Frazier; Leah G. Johnson; Charmy Medlin; Allison Rock; David M. Ross; Jason Stokes; Leigh G. Thomas and Kali Turner.
Chair Hagood Tighe called the meeting to order. A quorum was declared present.
Ms. Warner moved to allow privileges of the floor to nonmembers. The motion was seconded, and it was approved.
Mr. Tighe stated that Agenda Item #1(c), Request from Dispute Resolution Section to Amend Section Bylaws, had been added to the Consent Agenda. He also noted that Agenda Item #10, Request from the Practice and Procedure Committee to Amend Rule 71 and Agenda Item #11, Request from the Dispute Resolution Section to Repeal §38-78-710, had been withdrawn. Ms. Joyner moved to adopt the agenda as amended. The motion was seconded, and it was approved.
Mr. Robinson moved to approve the Consent Agenda - approval of the minutes of the January 18, 2018, meeting; receipt of March Financial Statements and a request from
the Dispute Resolution Section to amend Section bylaws. The motion was seconded, and it was approved.
Mr. Suggs recognized the 2018 Pro Bono Lawyer of the Year, Megan Dell.
Ms. Ferguson recognized the 2018 Pro Bono Law Firm of the Year, Murphy & Grantland, PA.
Ms. Joyner recognized the 2018 Young Lawyer of the Year, Lyndey Bryant.
Mr. Cox recognized the 2018 Law Related Education Lawyers of the Year, Gary Lemel and Nathan Sheldon.
Ms. Warner recognized the 2018 Mentor of the Year, Brian Autry.
Mr. Josey and 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 and sharing statistics on trends in giving. They encouraged House members to contribute to the Foundation.
Under report of the President, Ms. Warner recognized, in his absence, the conclusion of service of retired Executive Director Bob Wells and noted his intent to match donations to the SC Bar Foundation up to $10,000. She introduced and welcomed new Executive Director, David Ross. Ms. Warner noted the completion of year three of the strategic plan. She provided updates on Lawyers Helping Lawyers, Next Gen, the rebuilding of Public Services and the Pro Bono Program, CLE Programming and Young Lawyer Division programming and projects. In closing, she recognized Assistant Executive Director, Leah Johnson, who was elected to serve as Vice President of the National Association of Bar Executives and thanked the House of Delegates and Bar staff for their dedication and support.
Next, Mr. Cauthen presented a request to support U.S. Senate Bill 2282, the Bankruptcy Venue Reform Act, designed to rebalance where commercial Chapter 11 bankruptcy cases were commenced. He moved approval of the request. The motion was seconded, and it was approved.
Ms. Hill and Mr. Pendarvis presented request from the Professional Responsibility Committee to amend Rules 1.0, 1.1 and 1.6 of the Rules of Professional Conduct. A motion was made to adopt the proposed changes to Rule 1.0. The motion was seconded, and it was approved.
Mr. Tedder moved approval of the proposed changes to Rule 1.1. The motion was seconded. Mr. Barroll moved to strike the proposed changes to Rule 1.1 and to leave the comments as written. The motion was seconded. Discussion ensued.
A motion was made to stand in recess to conduct the Assembly. The motion was seconded, and it was approved.
The House reconvened following the conclusion of the Assembly.
Discussion resumed on the Professional Responsibility Committee proposal to amend Rule 1.1. After further discussion, Ms. Gammons called the question on Mr. Barroll’s motion to strike changes, and a vote was taken. The motion failed. Mr. Willoughby and Mr. Miller spoke in support of the motion. The motion to strike changes to Rule 1.1 was approved.
Discussion resumed on the motion to approve the comments to Rule 1.1. Ms. Kennedy moved to amend Comment #7 as follows:
“… a lawyer has the discretion to associate or retain the services of a non-lawyer advisor with of established technological competence…”
The motion was seconded, and it was approved.
Mr. Tedder moved to amend Comment #7 as follows: In connection with providing competent representation,having a reasonable understanding of the benefits and risks associated with relevant technology, a lawyer has the discretion….”
The motion to amend was approved.
Mr. Tedder moved to adopt the proposed changes to Rule 1.6 and the comments. The motion was seconded. Mr. Barroll moved to strike the changes to the rule and to leave the comments. The motion to strike the rule changes and leave the comments was seconded, and it was approved.
Mr. Tedder moved to replace the words “paragraph c” in Comment #20 with the words “Rule 1.6.” The motion was seconded, and it was approved.
The main motion to adopt the comments as amended was approved.
The following members were elected to the Nominating Committee: Daryl Hawkins (Region 2) and Carrington Wingard (Region 3).
Ms. Carroll presented Bar and CLE Division budgets for 2018-19 and moved approval. The motion was seconded, and it was approved.
Mr. Cooke recognized outgoing Bar President Warner with a commemorative plaque and gift.
There being no further business, the meeting was adjourned.
South Carolina Bar Assembly May 24, 2018
President Warner convened a meeting of the Assembly and declared a quorum was present.
President Warner recognized and 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 Stephanie McDonald presented brief remarks and installed M. Dawes Cooke, Jr., as President of the South Carolina Bar. Mr. Cooke was recognized to make remarks.
Upon conclusion of the business for which it had convened, the Assembly was adjourned.