Welcome to the South Carolina Bar's E-Blast!
October 30, 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 members offer to serve in public office
The Bar extends appreciation to the following members for offering to serve in public office. Complete information about elections can be found at www.scvotes.org.
Governor: Sen. Vincent Sheheen
Lieutenant Governor: Henry McMaster, Rep. Bakari Sellers
Attorney General: Parnell Diggs, Alan Wilson
U.S. Senate: U.S. Sen. Lindsey Graham, S.C. Sen. Brad Hutto
U.S. House of Representatives: Congressman Joe Wilson, U.S. House Dist. 2; Congressman Trey Gowdy, U.S. House Dist. 4; and Congressman Tom Rice, U.S. House Dist. 7.
S.C. House of Representatives: Gary E. Clary, Dist. 3; Neal A. Collins, Dist. 5; Thomas E. “Tombo” Hite, Dist. 11; Rep. Bruce W. Bannister, Dist. 24; Rep. Derham Cole Jr., Dist. 32; Rep. Douglas “Doug” Brannon, Dist. 38; Rep. Ralph Shealy Kennedy, Dist. 39; Rep. Walton J. McLeod, Dist. 40; Rep. F. Gregory Delleney Jr., Dist. 43; Rep. Mandy P. Norrell, Dist. 44; Rep. Thomas “Tommy” E. Pope, Dist. 47; Rep. J. David Weeks, Dist. 51; Rep. Laurie Slade Funderburk, Dist. 52; Jeffrey E. Johnson, Dist. 58; Rep. James H. Lucas, Dist. 65; Rep. G. Murrell Smith Jr., Dist. 67; Rep. James E. Smith Jr., Dist. 72; Rep. Chris Hart, Dist. 73; Rep. Todd Rutherford, Dist. 74; Joe McCulloch, Dist. 75; Rep. Beth E. Bernstein, Dist. 78; Rep. Todd Atwater, Dist. 87; Justin Bamberg, Dist. 90; Rep. Jenny Horne, Dist. 94; Rep. Chris Murphy, Dist. 98; Cezar McKnight, Dist. 101; Rep. Alan D. Clemmons, Dist. 107; Rep. Stephen Goldfinch Jr., Dist.108; Rep. J. Seth Whipper, Dist. 113; Rep. Peter McCoy Jr., Dist. 115; Rep. Leon Stavrinakis, Dist. 119; and Rep. Weston Newton, Dist. 120.
Results of the July 2014 Bar Examination
The results of the July 2014 Bar Examination will be posted on the Bar Admissions page at 4 p.m. on Friday, October 31, 2014.
Free Legal Research From the Bar
It’s here! Beginning Nov. 1 Bar members will have full access to the Bar’s new legal research benefit, Fastcase! If you haven’t already tried it out, you can access Fastcase by logging in to the Bar’s website and clicking on Casemaker/Fastcase. Sign up for free webinars or visit the training page, where you can find short video tutorials and one-page cheat sheets. iPad and mobile device users can also download Fastcase’s popular app! Please transfer or download any searches you have saved in Casemaker using these instructions before Nov. 1 so that you do not lose access to your saved data. In the meantime, if you have questions about researching in Fastcase, call (866) 773-2782 toll free or email email@example.com. Please remember, your SC Bar login will not change and using Fastcase is free to active members. Live trainings from Fastcase will be coming to Columbia on Nov. 12 and Greenville on Nov. 13.
New publication release: The Law of Slip and Fall in S.C.
The Law of Slip and Fall in South Carolina by Daniel R. Denton provides comprehensive analysis of S.C. premises liability law applicable to slip-and-fall litigation, along with other areas of law typically involved in such cases. Denton supplements the black-letter law with relevant appellate opinions, plus 13 case notes. Throughout the book are 11 practice tips, including some checklists that can be used to evaluate the strengths and weaknesses of a slip-and-fall case. With sections on duties, foreseeability, standards of care, immunities and limitations on recovery, comparative negligence and assumption of risk, along with a table of 185 cases for easy reference, this book also serves as a primer for personal injury law in general. Order the book online today.
Advance Sheet update
October 29, 2014
The S.C. Supreme Court granted the State’s petition for a writ of certiorari and affirmed in part and reversed in part the decision of the Court of Appeals. The Court agreed with the Court of Appeals that the PCR judge committed an error of law in finding that the ambiguous sentencing sheets took precedence over the unambiguous plea transcript. The Court, however, reversed the Court of Appeals’ decision to remand because the Court found as a matter of law that Bordeaux pleaded guilty to two counts of first degree burglary and was properly sentenced pursuant to his negotiated plea agreement.
Bordeaux v. State, Op. No. 27457 (S.C. Sup. Ct. filed October 29, 2014) (Shearouse Adv. Sh. No. 43 at 12), is available online.
In this appeal concerning the construction and application of the S.C. Property and Casualty Insurance Guaranty Association Act, the Court held that the unambiguous language of S.C. Code Section 38-31-100 entitles the S.C. Property and Casualty Insurance Guaranty Association to offset the full amount paid by solvent insurers.
S.C. Property and Casualty Insurance Guaranty Association v. Brock, Op. No. 27458 (S.C. Sup. Ct. filed October 29, 2014) (Shearouse Adv. Sh. No. 43 at 17), is available online.
The Court recognized a cause of action, in both tort and contract, by a third-party beneficiary of an existing will or estate planning document against a lawyer whose drafting error defeats or diminishes the client’s interest. Recovery under either cause of action is limited to persons who are named in the estate planning document or otherwise identified in the instrument by their status. Where the claim sounds in both tort and contract, the plaintiff may elect a recovery. The Court applied this holding in the instant appeal and will apply the holding to cases pending on appeal as of the date of this opinion. As a result, the Court reversed the order dismissing Fabian’s complaint and remanded the matter to the circuit court for further proceedings consistent with this opinion.
Fabian v. Lindsay, Op. No. 27460 (S.C. Sup. Ct. filed October 29, 2014) (Shearouse Adv. Sh. No. 43 at 30), is available online.
Justice Kittredge concurred in a separate opinion. Justice Pleicones concurred in part and dissented in part in a separate opinion in which Chief Justice Toal concurred.
After granting Heller’s petition for a writ of certiorari, the Court reversed the writ as improvidently granted.
State v. Heller, Op. No. 27461 (S.C. Sup. Ct. filed October 29, 2014) (Shearouse Adv. Sh. No 43 at 49), is available online.
By order of October 29, Nathan N. Jardine (not a member of the SC Bar) has been permanently debarred and may not seek any form of admission to practice law in S.C. without further order from the Court. Mr. Jardine’s misconduct in South Carolina included violations of the SCRPC regarding advertising and solicitation.
Davis, Snyder & Williford, PA announces that Collie W. “Trip” Lehn Jr. has joined the firm located at 5 Hawthorne Park Ct., Greenville 29615. (864) 335-3500.
J. Lewis Cromer & Associates, LLC announces that its office has relocated to 1418 Laurel St., Columbia 29201. (803) 799-9530
McKay, Cauthen, Settana & Stubley, PA announces that George D. Gallagher has joined the firm located at 1303 Blanding St., Columbia 29201. (803) 256-4645.
Administrative and Regulatory Law Committee Meeting, Conference Center
Free legal clinic: Landlord/Tenant Law Issues (Lexington)
Free legal clinic: Wills, Estate and Probate (Chesnee)
Free legal clinic: Landlord/Tenant Law Issues (Spartanburg)
Environment & Natural Resources Section Council Meeting, Conference Call
Construction Law Section Council Meeting, Conference Call
Consumer Law Section Council Meeting, Bar Building
Military & Veterans’ Law Section Council Meeting, Bar Building
Free legal clinic: Family Law Issues (W. Columbia)
Paralegal Task Force Meeting, Bar Building
Access to Justice Planning Group Meeting, Conference Center
CLE Seminars Committee Meeting, Conference Center
Free legal clinic: End of Life Issues (Chesnee)
Free legal clinic: Adoption Law Issues (Spartanburg)
Board of Governors Meeting, Bar Building
Free legal clinic: Family Law Issues (Myrtle Beach)
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.