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| Letter
from the Editor
Welcome to the fall edition of The Bar Tab. The members
of The Bar Tab Committee are excited about producing
each edition of this publication for 2004-2005. We hope that
you find this publication an informative, interesting and
sometimes amusing method of communicating the current news
and events relevant to the Young Lawyers Division of the South
Carolina Bar. We welcome your feedback, suggestions and article
submissions because this service of the South Carolina Bar
is designed with you in mind.
This quarter’s edition should help you catch up with
what’s been happening in the YLD as we kick off a new
year. Also, because fall is a time of transitions, we have
included some articles about securing employment as a lateral
hire and employment as in-house counsel. And, as the leaves
begin to change and the weather turns crisp you may just want
to spend some quiet time outdoors with a book. So, we’ll
tell you what other YLD members suggest that you read. Finally,
don’t forget to mark your calendars for upcoming YLD
events. They’re in here too!
Thanks for reading and we look forward to hearing from you.
By Alana Odom Williams
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| Taking
the Fear Out of Changing Jobs
Many
young lawyers considering changing jobs likely see the process
as a monumental task, but in fact, it can be a positive experience.
When I considered leaving my firm several months ago I found
the idea of changing jobs overwhelming. I saw too many potential
problems: How do I get started? How will my old firm react
to the news? What if I make the wrong choice? With all of
these potential problems in mind, I began the process of switching
firms with extreme worry and anxiety. However, looking back
on the entire process, I learned that all of my fears were
unfounded.
When I first considered switching firms, I looked to other
attorneys I knew from law school and my short career to get
advice on finding employment that would match my personality
and career goals. I was amazed at how everyone I contacted
was willing to help, discuss my career and provide insight
from their experiences. Armed with their suggestions, I sent
out resumes and quickly found a job that seemed to better
fit my personality. If you are thinking about changing jobs,
talk to people you know and trust and exchange ideas with
them. They will be more than willing to help and can provide
the counsel you need during a trying time.
After finding a new job, I faced the problem of telling my
old firm I was leaving. This can be the most difficult part
of the process, especially when you respect the people you
work with and have become friends. Not knowing how they would
take it, I told each attorney at my old firm, one-by-one,
that I had accepted another job. Everyone was supportive and
much less surprised than I thought they would be. Because
this is a profession, and the people we work with are professionals,
in most cases, they will want the best for you and will understand
why you are leaving. Contrary to my initial fears, I have
been able to keep a good relationship with my former firm.
Finally, I was ready to begin work at my new firm, requiring
me to face the greatest of all fears – the fear of the
unknown. No matter how much preparation you do in looking
for a new job, switching firms is, at some point, a leap of
faith. However, by understanding why you are leaving your
old employer, listening to enough advice and determining what
sort of job will fit you better, you can improve the likelihood
that you will enjoy your new job. In my case, my fear of the
unknown, like the other fears I faced in changing jobs, turned
out to be unfounded.
If you are contemplating new employment, the primary advice
I offer is not to let fear hold you back. If you are unhappy
with what you are doing, you will be better off finding something
you enjoy. You can maintain a good relationship with the firm
you leave, and, as hard as it is to accept, they will be able
to get along just fine without you, even if they want you
to stay. When you start looking for a new job, the most important
thing to remember is there are people who want to help —
take advantage of their experience and wisdom. If you listen
to those you trust and understand the reasons why you are
leaving, you will be able to find a new job that fits you
better.
By
Ronnie McMahan
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Transitioning
into an In-house Counsel Position
In-house
counsel positions provide a less traditional, though often
very attractive, career path for young lawyers. Young lawyers
often find that these positions allow them greater autonomy
than in a traditional firm setting, with greater flexibility
and regularity in their work schedules.
Because of the unique obligations in-house attorneys experience,
young lawyers accepting these positions face different issues
transitioning into the workplace than lawyers taking more
traditional employment. Young lawyers who have recently gone
in-house find that they assume a number of roles that are
more commonly associated with that of a typical corporate
legal client, as opposed to an attorney. A large percentage
of in-house counsel responsibilities include coordinating
litigation and other efforts with outside counsel, reviewing
and auditing bills and assisting in fact finding. In-house
lawyers not only have to juggle these responsibilities, but
must also learn where to draw the line between supervision
and direct involvement in a matter that could duplicate outside
counsel’s activities.
A 2000 graduate of USC, who has recently accepted a position
at a large corporation that owns and operates extended stay
hotels, comments that in-house attorneys have to adjust to
the policies and procedures of a large corporation, which
often differ from those found in a law firm. And in some instances,
the in-house counsel is the only attorney working for the
organization. A 2002 graduate of USC law school who recently
took an in-house counsel position with a national collection
firm says that he enjoys the national scope of his work, but
because he is the only attorney employed in-house, it has
taken some time getting used to not having other attorneys
around as mentors and sounding boards. He does have a number
of resources that he uses to make up for these differences
and frequently visits the American Association of Corporate
Counsel (AACC) Web site to discuss research and other legal
issues online with other in-house attorneys.
Other young lawyers that have gone in-house find Web site
resources helpful in adjusting to the unique demands encountered
in the corporate world. There are a number of trade-related
resources on the Internet that are accessible only to workers
employed within that specific trade. For example, one young
lawyer who serves as in-house counsel to a large owner/operator
of retail and entertainment establishments throughout the
United States uses the International Counsel of Shopping Centers
(ICSC) Web site in her day-to-day activities.
Despite the very unique issues faced by young lawyers transitioning
into in-house counsel positions, the young lawyers interviewed
all agree that the benefits and advantages associated with
their in-house counsel positions greatly outweigh any issues
of transition that are encountered, suggesting that in-house
counsel opportunities remain a very attractive alternative
for young lawyers.
By Christine Mayhew
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YLD
in Action – The DSS Playroom Project
On
August 14, young lawyers from the Columbia and Lexington area
spent their Saturday renovating a visitation room at the Department
of Social Services (DSS) in Lexington County as part of the
DSS Playroom Project. The project was created several years
ago to help renovate the rooms in which children and parents
meet for supervised visitation and spotlight the important
role a home plays in the family dynamic.
Historically, DSS has only been
able to provide the most basic of rooms for parents and children
to meet. Many of the visitation rooms had old furniture, books
and toys and did not offer a particularly welcoming space
for the families. In response, the YLD sought contributions
of furniture, home décor items and toys from area businesses.
With their help, the YLD began transforming the visitation
rooms into warm and comfortable places for families to spend
time together.
The project was first completed
in Columbia several years ago and then moved to Charleston.
Both the Columbia and Charleston projects were great successes.
This year, the YLD expanded the project to Lexington and Chesterfield
Counties. The Lexington County DSS was extremely appreciative
of the YLD’s efforts and reported that the families
were delighted with the results of the renovation. The Chesterfield
County project is expected to be completed soon.
By Susan Hayes, Project
Chair |
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A
Vision for the Future
The University
of South Carolina School of Law has a new dean and a new vision.
Dean Burnele Powell took the helm of the law school earlier this
year. Powell came to South Carolina from Missouri-Kansas City School
of Law where, from 1995 until May 2003, he was a professor and dean.
Previously, Powell was a member of the University of North Carolina-Chapel
Hill law school faculty from 1979-95 and served as associate dean
for academic affairs from 1990-93. He has also taught at the University
of Oregon School of Law and Washington University’s law school
in St. Louis.
Powell earned
his bachelor’s degree from the University of Missouri-Kansas
City in 1970, his J.D. degree from the University of Wisconsin Law
School in 1973 and a master of laws from Harvard Law School in 1979.
He is a nationally known expert on legal ethics and is widely published
on topics related to lawyers’ professional ethics and government
administration. Powell is chair of the American Bar Association
Consortium on the Delivery of Legal Services, the immediate past
chair of the ABA Center for Professional Responsibility and is a
member of the board of directors of Consumers Union, which publishes
Consumer Reports magazine.
Short
term goals
In five years Powell would like to see the University of South Carolina
recognized as one of the top 50 law schools in the country. To achieve
this goal, he is cultivating new programs and strengthening long
standing traditions. He will seek new faculty as the law school
expands and upgrades the curriculum. Powell states that the faculty’s
focus will be threefold, including research, teaching and service.
Scholarly research and publication of scholarly works will be emphasized
more among the faculty; however, the primary focus of all faculty
members will still be the students. Powell would also like to continue
the faculty service to the Bar and the community.
For the students,
Powell envisions a more competitive Moot Court program. More emphasis
will be given to where students are placed upon graduation. Study
abroad opportunities, such as the school’s new Maymester at
Gray’s Inn in London, and expanding journal choices and publications
will also receive a receptive ear. Most importantly, Powell is searching
for more scholarship funds to attract the best and brightest to
the law school and to help ensure that promising South Carolinians
remain in state instead of going away to schools such as Virginia
and North Carolina.
Funding
One of Powell’s toughest tasks will be to balance the search
for scholarship funds with the search for funds for the new law
school facility. Powell clearly believes that a new facility is
an absolute necessity to the future of the school. A location on
the corner of Senate and Pickens streets has already been selected,
and architects have created a preliminary design and model. The
estimated cost for the new building is $55-60 million dollars. The
legislature has previously supported a bond of $10 million dollars,
and the school has raised approximately $7 million in private donations.
A focal point
of the new facility will be technology. Data ports, DVDs and teleconferencing
will be commonplace. Powell believes that this new facility will
allow the University of South Carolina School of Law to compete
with most other law schools that are already equipped to use the
latest in technological advances.
Powell is
excited about being at the law school and looks forward to the challenges
and the rewards ahead.
By Venus
Poe
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| Bar
Bits
Mark
Your Calendars!
Saturday, January 22, 2005
Charleston Place Hotel, Charleston, SC
Civility in the Profession (LEPR)
One hour on civility and how it shapes and defines our profession.
Includes how to handle specific situations and how the new
lawyers oath affects our everyday practice.
Guest
speakers: the Hon. J. Michelle Childs, F. Earl Ellis Jr.,
the Hon. Matthew J. Perry Jr. and the Hon. Costa Pleicones
Rainmaking: How to Build a Practice
Tips for lawyers on how to build a client base and how to
manage time to bill more. Told from the plaintiff and defense
side.
Guest speakers: Clarence Davis and Chris Isgett
Court Appointments: You’ve been
appointed.
Now what?
A basic primer on what to do when appointed to a criminal
or family court appointment.
Guest speakers:
Beattie Butler, the Hon. Jocelyn B. Cate and the Hon. Aphrodite
Konduros
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YLD
Nominations
The Young
Lawyers Division is calling for nominations for the positions
of President-Elect, Secretary-Treasurer, odd-numbered Judicial
Circuit Representatives and Out-of-State Representative. These
positions will become vacant June 30, 2005. The term of office
for the President-Elect and Secretary-Treasurer will be for
the 2005-2006 Bar year, which begins on July 1, 2005, and
ends on June 30, 2005. The term for Circuit Representatives
and Out-of-State Representative begins on July 1, 2005, and
ends on June 30, 2007.
Eligibility
Requirements
A nominee for the office of President-Elect must be eligible
to be a member of the Young Lawyers Division for at least
two years beginning
July 1, 2005.
A nominee
for the position of Secretary-Treasurer, Circuit Representative
or Out-of-State Representative must be to be eligible to be
a member of the Young Lawyers Division for the entire term
of the position for which he or she is nominated.
A nominee
for Circuit Representative must maintain his or her principal
office in the circuit to be represented.
A nominee
for Out-of-State Representative must be a member of the Division
who maintain his or her principal office outside of South
Carolina.
The
deadline for the receipt of nominations is
5 p.m. on October 31, 2004.
Letters of nomination should be sent to the South Carolina
Bar, Attention: Tara Smith, 950 Taylor St., Columbia, SC 29202,
faxed to (803) 799-4118 or e-mailed to tara.smith@scbar.org.
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Bar
Seeks Nominations for New Pro Bono Awards
Each year the Bar honors lawyers and law firms that have provided
assistance to indigent South Carolinians through the Pro Bono
Program as well as other pro bono work. This year, these prestigious
awards have been revised and updated, including a financial
donation to a law-related charity in the name of each winner
(up to five winners). If you know of someone who is deserving
of this honor, please complete the nomination form online
at www.scbar.org/member/probono.asp
and mail to Pro Bono Program, P.O. Box 608, Columbia, SC 29202
or fax to (803) 799-5290. For a complete description of criteria
and the application process visit www.scbar.org/member/probono.asp.
Nominations must be received by December 1.
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| |
| Awards
& Accolades
The Young Lawyers Division received the following
ABA/YLD Awards of Achievement at the ABA Annual Meeting in
August: 2nd place for the Southeast Regional Conference; a
special recognition award for its projects overall; a public
certificate of performance for the Public Service Challenge;
and 2nd place in the minority category for the Minority Pre-Law
Conference. Congratulations to everyone for a job well done!
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| |
| Fall
Reading Options
Enough of case law and statutes. Your fellow
members of the YLD recommend you relax by reading the following:
- Sullivan’s Island by
Dorothea Benton Frank. This book is by a local author and
takes place in South Carolina.
— Emily Tinsley Whitney, Associate, Devlin &
Parkinson, P.A., Greenville
- Outrage by Vincent
Bugliosi. Although some would consider this reading “the
law,” I would HIGHLY recommend this book for anyone
starting out in litigation, especially if it’s on
the criminal side. The author, a former district attorney,
critiques the prosecution of the O.J. Simpson trial, and
his observations and suggestions are great, sound advice.
Plus, it’s very entertaining.
— Mary Frances Patrick, Assistant Solicitor of the
Thirteenth Circuit in Pickens.
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Committee
Reports
Convention
Committee
The Conventions Committee has planned several opportunities for
learning and earning CLE credit. See Mark your calendars for scheduled
events.
Minority
Pre-Law Committee
The Minority Pre-Law Conference will once again be held on the campus
of Benedict College on Thursday, November 4, 2004. This conference
provides an excellent opportunity for college students interested
in attending law school to get admission information from the various
law schools that will be represented and to hear first-hand from
a panel of attorneys about the different practice areas available
to law school graduates.
Special
Programs
The Special Programs Committee will sponsor an essay writing contest
for middle school children. The winner will be recognized at the
YLD luncheon at the Bar Convention in January.
The committee
is requesting that Gov. Mark Sanford declare January 2005 as Mentoring
Month in South Carolina and plans to have a press conference at
the Statehouse to announce the Governor’s proclamation.
The committee
is also working on creating an e-mentoring program between high
school students and young lawyers that can be implemented throughout
the state by using e-mail. For more information, please contact
Lydia Applegate.
Disaster
Relief
Recent hurricane and tropical storm damage has resulted in a federal
declaration of disaster in 25 counties in South Carolina. The Bar
has established a disaster relief helpline to provide free legal
assistance to victims in those counties on landlord/tenant, insurance,
lost document and home repair issues. If you or someone you know
is in need of assistance, please call the Disaster Relief Helpline
at 1-800-923-3100. Assistance is provided free of charge. Any potentially
fee-generating cases that arise from calls to the helpline must
be referred to the Bar’s Lawyer Referral Service at 1-800-868-2284.
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| 2004-2005
YLD Officers
Leah B. Moody, President
Law Office of Leah B. Moody, LLC
Jennifer M. Rawl, President-Elect
Nelson Mullins, LLP
DeAndrea
G. Benjamin,
Secretary-Treasurer
Gist Law Firm
Robert B. Varnado,
Immediate Past President
Kernodle, Taylor & Root
Latasha
Stringer-Grinnell,
Out of State Representative
Chubb Group of Insurance Companies
Circuit
Representatives
1st Circuit Representative
John S. Bryant
Bryant
Fanning & Shuler
2nd
Circuit Representative
Michael C. Tanner
Early & Ness |
3rd
Circuit Representative
Cezar E. McKnight
Clekis
& Hricik, LLC
4th
Circuit Representative
Elizabeth B. Harris
Jennings & Harris
5th
Circuit Representative
Susan M. Hayes
McNair Law Firm
6th
Circuit Representative
April Porter-Counterman
Law Office of April P. Counterman, PC
7th
Circuit Representative
Matthew Yelverton
Robert M. Holland, PA
8th
Circuit Representative
James Graham Padgett III (Tripp)
Pracht & Bacot
9th
Circuit Representative
Tiffany R. Spann-Wilder
Small, Spann-Wilder & Cotten, LLC
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10th
Circuit Representative
Jennifer Jordan
10th Circuit Solicitor’s Office
11th
Circuit Representative
W. Andrew Beeson
SC Court of Appeals
12th
Circuit Representative
James M. Saleeby Jr.
Aiken Bridges
13th
Circuit Representative
Leigh Paoletti
13th Circuit Solicitor’s Office
14th
Circuit Representative
Stacey Patterson Canaday
Tupper, Grimsley & Dean, PA
15th Circuit Representative
James Marshal Biddle
Rogers Townsend & Thomas, PC
16th
Circuit Representative
R. Alex Sullivan
Spencer & Spencer, PA |
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P.O.
Box 608
Columbia, SC 29202
Editor:
Alana
Odom Williams
Committee members:
Thomas
E. Andrews III, LaKesha Jeffries, S. Venus Poe and Sarah P. Spruill
If you would like to have an article
published in The Bar Tab, please send your submissions
to
Alana Odom Williams, Nelson Mullins Riley & Scarborough, LLP,
P.O. Box 11070, Columbia, SC 29201
or e-mail Tara Smith at tara.smith@scbar.org.
The
Bar Tab is published quarterly by the Young Lawyers Division
of the South Carolina Bar, 950 Taylor St.,
P.O. Box 608, Columbia, SC 29202-0608. www.scbar.org.
Copyright ©2004 South Carolina Bar. The opinions expressed
are those of the authors and do not represent the opinions or policies
of the Young Lawyers Division or the South Carolina Bar. Unauthorized
reproduction or use of the materials contained herein is prohibited.
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