Welcome to the South Carolina Bar's E-Blast!
August 28, 2014
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.
Bar President Watson: Celebrate the profession's role in our economy
In observance of Labor Day, Bar President Cal Watson has written a message to Bar members reinforcing the legal profession's significant impact on South Carolina's work force. Click here to read the letter, and join the Bar in celebrating lawyers' integral role in our state's economy.
On the website
The Lawyer-to-Lawyer Directory has been updated! Participating lawyers listed in the directory provide brief telephone consultations (up to 10 minutes) at no charge to other Bar members on specific areas of law. The directory is meant to encourage and facilitate appropriate lawyer-to-lawyer consultations, referrals and associations. It is not intended as a referral guide for the public. To access the Lawyer-to-Lawyer Directory, please visit www.scbar.org/L2L.
Memorandum regarding Columbia Police Department Drug Laboratory
On August 22, Solicitor Dan Johnson, Fifth Judicial Circuit, issued a memorandum to members of the SC Bar regarding issues with the quality of forensic drug chemistry cases at the Columbia Police Department Drug Laboratory. Read the full memorandum here.
Bar welcomes Law Student Affiliate Division members
The Bar held its Law Student Affiliate Division (LSAD) kickoff at the Charleston Riverdogs game on Tuesday, where Charleston School of Law students, local YLD members and Bar staff had a great time. See the Bar's Facebook page for photos from this event. LSAD is designed to introduce law students to the Bar and provide networking and other services. Another kickoff event is planned for USC Law students on September 18 in Columbia. The Bar is excited about serving this segment of the legal community!
PMAP Practice Pointer
Did you know that a small law firm has advantages over large firms when it comes to retirement plans? Your firm’s retirement plan can be a useful tool to leverage your business and personal success. Learn how law firms can use advanced retirement plan strategies to fund buy-sell agreements, defer compensation, buy insurance, and fund business succession planning. At the Solo & Small Firm Conference & Tech Expo in Greenville, September 19, discover the secret to proper funding of your retirement plan to successfully navigate you and your family through retirement on your terms. For more information on this session and more, visit our website and register.
New updates to Annotated South Carolina Rules of Professional Conduct 2013 posted
Updates covering Advance Sheets #1-30, January 1-July 30, 2014; Ethics Advisory Opinions 14-01 through 14-02; ABA Formal Opinion 466; and rule changes through July 30, 2014, have been posted to the book’s website.
Family Court Benchmark Order
By order of August 27, the SC Supreme Court ordered that all domestic relations and juvenile cases in the State of South Carolina, with the exception of DSS Abuse and Neglect cases, shall be disposed of within 365 days of their filing. The Family Court Chief Judges for Administrative Purposes shall direct and oversee the monitoring of all cases which are older than 365 days and for which no final hearing has been requested. Once a case older than 365 days has been scheduled for a final hearing, only the Chief Administrative Judge for the circuit or county may continue it, even if the request for continuance is received by the assigned judge during the week of trial. The order, effective immediately, supersedes the Family Court Benchmark order issued May 9, 2006.
Summer of Standards
In 1993, the House of Delegates adopted Principles and Standards of Professionalism. While the Rules of Professional Conduct are mandates, the Standards are aspirational and intended to be a guide to higher thinking and conduct. This summer, the Bar is publishing each of the 10 Principles in E-Blast as a helpful reminder and linking to the aspirational Standards of Professionalism for further reference.
Principle 6: A lawyer should avoid all rude, disruptive, and abusive behavior and should, at all times, act with dignity, decency and courtesy consistent with any appropriate response to such conduct by others and a vigorous and aggressive assertion to appropriately protect the legitimate interests of a client.
IOLTA programs recognized in historic settlement
The recent Bank of America settlement will provide $30 million to IOLTA programs across the country. Early estimates show the SC Bar Foundation, which administers the IOLTA program, will receive approximately $500,000 for legal aid in foreclosure matters and community redevelopment. IOLTA programs are grateful to the Department of Justice for recognizing the important role legal aid plays in helping people stay in their homes and sustain communities. The Bar Foundation is excited to utilize the settlement proceeds to fund the advancement of justice by improving access, education and accountability.
Beginning Sept. 2, the E-Blast will commence regular twice-weekly publication on Tuesdays and Thursdays. Please contact Rachel Kerley at firstname.lastname@example.org with any questions or announcements.
Advance Sheet Update
August 27, 2014
The order denied the petition for rehearing. The opinion, originally filed June 4, 2014, was withdrawn, substituted and refiled on August 27, 2014. After granting the State’s petition for a writ of certiorari, the S.C. Supreme Court affirmed the decision of the Court of Appeals. The Court held that a videotape from a breath test site that lacks the audio portion of the reading of Miranda rights and the informed consent law does not satisfy the requirements of S.C. Code Ann. Sec. 56-5-2953(A)(2) (2006).
State v. Sawyer, Op. No. 27393 (S.C. Sup. Ct. filed August 27, 2014) (Shearouse Adv. Sh. No. 34 at 14), is available online.
Chief Justice Toal dissented in a separate opinion in which Justice Kittredge concurred.
In this workers’ compensation dispute, the Court held that Whigham is entitled to compensation as a matter of law as his injury arose out of, and in the course of, his employment. Whigham was injured playing kickball during an event he organized for his employees.The Court therefore reversed the opinion of the Court of Appeals and remanded for a hearing on disability and other benefits.
Whigham v. Jackson Dawson Communications, Op. No. 27440 (S.C. Sup. Ct. filed August 27, 2014) (Shearouse Adv. Sh. No. 34 at 26), is available online.
Justice Kittredge dissented in a separate opinion in which Justice Pleicones concurred.
By order of August 6, 2014, the Court granted the Division of Appellate Defense’s motion to dismiss and vacated the Court of Appeals’ opinion.
State v. Miller, Case No. 2012-212847 (S.C. Sup. Ct. filed August 6, 2014) (Shearouse Adv. Sh. No. 34 at 34), is available online.
The S.C. Court of Appeals held the post-conviction relief (PCR) court erred in determining trial counsel was not ineffective for failing to request DNA testing on blood found on glass recovered at the crime scene. The court, however, held the PCR court properly determined trial counsel was not ineffective for failing to introduce certain testimony at trial. Accordingly, the court reversed the denial of (PCR) and found Bagwell is entitled to a new trial.
Bagwell v. State, Op. No. 5267 (S.C. Ct. App. filed August 27, 2014) (Shearouse Adv. Sh. No. 34 at 36), is available online.
Judge Williams concurred in part and dissented in part in a separate opinion.
In this legal malpractice suit, the court found the trial court correctly granted Tuten’s motion for a partial directed verdict, correctly denied Joel’s motion for a directed verdict, and acted within its discretion in denying Joel’s motion for a new trial nisi remittitur.
Tuten v. Joel, Op. No. 5268 (S.C. Ct. App. filed August 27, 2014) (Shearouse Adv. Sh. No. 34 at 48), is available online.
Judge Geathers concurred in a separate opinion.
Respondents filed a motion to dismiss this appeal from the Workers’ Compensation Commission on the ground that the notice of appeal does not state the grounds of the appeal or the alleged errors of law as required by S.C. Code Sec. 42-17-60. By order of August 22, 2014, the court denied the motion.
Wofford v. City of Spartanburg, Case No. 2014-001269 (S.C. Ct. App. filed August 22, 2014) (Shearouse Adv. Sh. No. 34 at 63), is available online.
By order of August 21, the Supreme Court reinstated Donna Seegars Givens as regular member of the Bar.
Buyck, Sanders & Simmons, LLC announces that the firm has relocated to 305 Wingo Way, Mt. Pleasant 29464. (843) 377-1400.
The Florence Law Group, LLC announces that it has relocated to 871 Lowcountry Blvd., Ste. 100, Mt. Pleasant 29464. (843) 352-2667.
Haynsworth Sinkler Boyd, PA announces that J. Philip Land has joined the firm's Greenville office as an associate located at 1 N. Main, 2nd Floor, 29601. (864) 240-3200.
Katherine C. "K.C." Mangus Lohr announces the opening of the Mangus Law Firm, LLC located at 4000 Faber Place, Ste. 300, N. Charleston 29405. (843) 312-8073.
McNair Law Firm announces that Jonathan Taber has joined the firm’s Hilton Head Island office as a shareholder located at 23-B Shelter Cove Ln., Ste. 400, 29928. (843) 785-2171.
Clanitra L. Stewart announces that she has joined the library faculty at Northern Illinois University College of Law as a Reference and Instructional Services Librarian and Assistant Professor located at 300 Normal Rd., DeKalb, IL 60115. (815) 753-9479.
Wilson and Heyward, LLC announces that Brandon T. Reeser has joined the firm located at 924 Folly Rd., Charleston 29412. (843) 762-4567.
Free legal clinic: End of Life Issues (Columbia)
Animal Law Committee Meeting, Conference Call
SC Lawyer Editorial Board Meeting, Location TBA
SC Bar Foundation Board Meeting, Turner Padgett - Columbia
Elder Law Committee Meeting, Conference Center
Free legal clinic: Wills, Estate and Probate (Lexington)
Professional Liability Committee Meeting, Conference Center
Free legal clinic: Family Law Issues (Spartanburg & Lexington)
Free legal clinic: Consumer Law Issues (Myrtle Beach)
Unauthorized Practice of Law Committee Meeting, Conference Center
Resolution of Fee Disputes Board Circuit Chairs Meeting, Brookland Baptist Banquet and Conference Center
Free legal clinic: End of Life Issues (Myrtle Beach)
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