Welcome to the South Carolina Bar's E-Blast!
February 26, 2015
E-Blast highlights upcoming activities, legal information and links to the Bar's website at
www.scbar.org. Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.

Compliance reporting deadline is Monday
Pursuant to Rule 408, SCACR, attorneys must file their 2014-2015 compliance reports with the Supreme Court Commission on CLE and Specialization on or before March 1, 2015. Reports are considered to be timely filed if they are received or postmarked by Monday, March 2; reports postmarked after March 2 must include a late fee. Compliance reports showing sufficient credit hours, along with the filing fee, should be mailed to the Commission at P.O. Box 2138, Columbia, SC 29202. Compliance reports and fees may also be hand-delivered (or overnighted) to the Commission’s office located at 950 Taylor St., Ste. 120, Columbia 29201. Questions should be directed to the Commission at (803) 799-5578 or commcle@bellsouth.net.

Bar member in public office
The Bar extends congratulations to Jay Jordan of Florence who won a special election on Tuesday in House District 63.

SC Bar membership benefit: FedEx
Save money on your shipping and earn rewards for your loyalty with FedEx. As a SC Bar member, you’re invited to enroll in the FedEx Advantage® program and enjoy discounts of up to 26% on FedEx® services. After enrolling for discounts, you’ll have the opportunity to join My FedEx Rewards and earn gift cards and brand-name merchandise when you ship. Enrollment for both programs is free. Enroll now in the FedEx Advantage program or call (800) 475-6708. Use passcode 6FGM41, then sign up for My FedEx Rewards with the same account number. Already a FedEx Advantage member? Join My FedEx Rewards to earn gift cards and brand-name merchandise, in addition to your FedEx Advantage discounts.

Let’s empty pockets for second half of the SCBF “BUCK-IT” Challenge
The Bar Foundation is mid-way through its “BUCK-IT” Challenge. The campaign is happy to include the support of SC Bar Past President Alice Paylor and Foundation President-Elect Marie-Louise Ramsdale. Alice and Marie-Louise join Bar President Cal Watson and Bar Foundation President Elaine Fowler in pledging $1 for returning donors and $2 for new donors! Don’t miss the chance to watch your dollars GROW. Gifts will be amplified by $18 to $24! Click here to make your gift and help the Foundation empty some pockets for legal aid and law related education!

Advance Sheet update
February 25, 2015
After granting a writ of certiorari, the S.C. Supreme Court vacated the court of appeals’ decision reversing the trial court’s suppression of a statement Samuel made to law enforcement because the trial court’s pre-trial order was not immediately appealable.
State v. Samuel, Op. No. 27498 (S.C. Sup. Ct. filed February 25, 2015) (Shearouse Adv. Sh. No. 8 at 16), is available online.

In this mortgage priority case, the Court reversed the court of appeals’ decision and reinstated the master’s judgment because the Court found Independence National Bank is entitled to be equitably subrogated to the original first mortgage on the property.
Independence National Bank v. Buncombe Professional Park, Op. No. 27499 (S.C. Sup. Ct. filed February 25, 2015) (Shearouse Adv. Sh. No. 8 at 20), is available online.

In this appeal concerning the S.C. Unfair Trade Practices Act, the Court affirmed the liability judgment on the labeling claim but modified the judgment to limit the imposition of civil penalties to a period of three years from the date of the tolling agreement. The Court affirmed the liability judgment on the Dear Doctor Letter claim but remitted the civil penalties imposed. Accordingly, the Court affirmed in part, reversed in part and remanded for entry of judgment against Janssen in the amount of $136,025,400.
State v. Ortho-McNeil-Janssen Pharmaceuticals, Op. No. 27502 (S.C. Sup. Ct. filed February 25, 2015) (Shearouse Adv. Sh. No. 8 at 31), is available online.
Justice Pleicones dissented in a separate opinion.

After denying a petition for a writ of certiorari, the Court directed the court of appeals to depublish its opinion and assign the matter an unpublished opinion number.
State v. Mimms, (S.C. Sup. Ct. dated February 20, 2015) (Shearouse Adv. Sh. No. 8 at 97).

Member resignations
By orders of February 20 the Court accepted the resignations from the Bar of Donna Landis Bates, Julie Michaels Bondura and Elizabeth Keys-Farrell.

Termination of limited license
By letters of February 23 the Court terminated the limited licenses of Kathryn Christian Bender and Robert M. Milane.

Member discipline
By order of February 25, the Court suspended Edwin Donald Givens for nine months (retroactive to May 15, 2014) for commission of a criminal act that reflects adversely on a lawyer's honesty, trustworthiness or fitness as a lawyer in other respects.

By order of February 25, the Court publicly reprimanded Toni Lee Tack Pennington for, inter alia, failure to safekeep clients’ property.

By order of February 25, the Court disbarred Mark Andrew Brunty, with additional conditions, for misconduct including failure to safekeep property and commission of a criminal act. The court noted the “magnitude of respondent’s misconduct.”

Member transfer
By order of February 26, the Court suspended Fred W. Auman III and transferred him to incapacity inactive status. Peyre Lumpkin, Receiver, was appointed to protect clients' interests.

Firm announcements
Sarah L. Clingman announces the relocation of Clingman Law Firm, LLC to 1522 Richland St., Columbia 29201. (803) 787-0557.

Flame Spray North America announces that Stefania C. Bondurant has joined the company as general counsel located at 576 International Blvd., Fountain Inn 29644. (864) 862-2730.

February 27
SC Lawyer Editorial Board Meeting, Bar Building

February 27-28
Board of Governors Meeting, Isle of Palms

February 28

Cinderella Project Boutique (W. Columbia)
High School Mock Trial Regional Competitions (
Charleston, Conway, Greenville, Lexington)

March 2
Free legal clinic: Wills, Estates and Probate (Spartanburg)

March 3
Consumer Law Section Council Meeting, Bar Building
Free legal clinic:
Landlord/Tenant Law Issues (Columbia & Summerville)
Free legal clinic: Family Law Issues (Hilton Head)

March 6
Bar Foundation Board of Directors Meeting, Bar Building
Tax Law Section Council Meeting, Conference Call

March 7
Cinderella Project Boutique (Aiken, Greenwood, Orangeburg)

March 9
Administrative and Regulatory Law Committee Meeting, Conference Center
Free legal clinic: Criminal Law Issues (Pacolet)

March 10
Free legal clinic: Wills, Estates and Probate (Myrtle Beach)

March 11
Real Estate Section Council Meeting, Conference Call

March 12
Free legal clinic: Wills, Estates and Probate (Edgefield & Charleston)
Free legal clinic:
End of Life Issues (Columbia)
Practice and Procedure Committee Meeting, Bar Building

March 13
Elder Law Committee Meeting, Bar Building

To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at 
doelhafen@scbar.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.

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