Attorney Profile

Eric Johnsen: South Carolina Young Lawyer Of The Year
By Chara Crane
Eric Johnson seems like an unlikely candidate for the prestigious Young Lawyer of the Year award, which he received last May. He is 37 years old and an associate practicing pharmaceutical and medical device litigation in the Columbia office of Nelson, Mullins, Riley, & Scarborough, LLP.

However, despite a one-dimensional biography on his law firm’s Web site and an active civil litigation practice in one of the Southeast’s premier law firms, he is a remarkable and enthusiastic lawyer who has diversified his practice by undertaking countless pro bono projects over the years. Even a brief telephone interview disclosed unmistakably his passionate commitment to promoting justice for needy South Carolina citizens who lack resources to hire lawyers to protect them.

Background
Johnsen grew up on James Island and remembers when farmland framed the road to Folly Beach. He graduated from James Island High School, attended Duke University and graduated from Duke with a Bachelor of Arts in English. Upon graduation from Duke, he served as an officer in the U.S. Navy for seven years. He is a veteran of the Persian Gulf War, where he served as a combat information officer. He went on to receive a Masters in Public Administration from the College of Charleston and then attended the University of South Carolina School of Law.

Johnsen has “always wanted to be a lawyer.” However, this desire was cemented during spring break of his junior year in college when he and some friends were vacationing on the Outer Banks of North Carolina. Local police officers stopped their cars for no justifiable reason and gave them undeserved speeding tickets while simultaneously waiving at locals who were speeding by the traffic stop. This event impressed upon Johnsen the need for lawyers who fight against injustice.

Pro bono activities
In his most memorable pro bono case, Johnsen represented a convicted criminal in a parole hearing. Johnsen’s client had been in jail since he was 13 because he shot two persons when his rifle accidentally discharged. When Johnsen began representing this man, he had been in jail for approximately 21 years. With the help of Johnsen, his client was released from prison. Johnsen continues to keep in touch with his client and considers him a “great person.”

Johnsen has also promoted the health care rights of disabled persons and is currently the secretary of the board of directors for Protection and Advocacy.

Advice to young lawyers
Johnsen encourages young lawyers in South Carolina to engage in pro bono work. He believes pro bono work can be rewarding for a young lawyer because it will diversify his or her practice and add variety to the work. He also believes lawyers have an obligation to help those who need legal assistance. Johnsen recommends court-appointed cases as an excellent way to begin a rewarding career as a pro bono lawyer in South Carolina.

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From the Bench

Judge Reginald Lloyd’s legal journey and his tips for young lawyers
by Etta Williams
Judge Reginald Lloyd has barely had a chance to catch his breath since being elected in April 2003 to the state circuit court bench. However, although he is new to the bench, he is not new to the ins and outs of a courtroom or the many issues that can arise there. He believes his many experiences will help on the bench.

Judge Lloyd sat down to talk with me, and during this conversation he shared with me his background and motivation. He is a native of Camden, where he attended public schools. He initially wanted to become a journalist; however, he later changed his mind and began on the journey that has taken him to the judgeship. A political science major in college, Judge Lloyd spent a year at the University of Miami but graduated from Winthrop College in South Carolina. Judge Lloyd’s next stop was at the University of South Carolina School of Law, where he served as the Chief Justice of the Moot Court. After graduating from law school, he held various jobs that helped him to hone his skills as a litigator. Judge Lloyd clerked for Nexsen Pruet Jacobs & Pollard, LLC and worked in their Business Litigation department. He worked in the Office of Attorney General, under former Attorney General Charles Condon, and was engaged in civil litigation dealing with issues ranging from the Citadel to redistricting. Judge Lloyd then ventured over to the House Judiciary Committee, where he was the Director of Research for two years. Along the way Judge Lloyd also gained vital work experience at AT&T as the State Director of Governmental Affairs and at the law firms of Nelson Mullins Riley & Scarborough, LLP and Willoughby and Hoefer, PA, where he expanded his litigation expertise and his knowledge of governmental affairs.

Now Judge Lloyd finds himself on the other side of the bench as the person who replaced retired Judge L. Henry McKellar. Although this is where he now finds himself, it is not necessarily where he thought he would be. Judge Lloyd tells me that it was while watching many of South Carolina’s circuit court judges preside over one of his Moot Court competitions that he began to consider the possibility of becoming a judge. During the competition he was impressed with the competence of several of these judges, and this display led to his own aspiration to the bench. Judge Lloyd said, “We were fortunate to have what I thought was an exemplary group of folks on the bench.” His feelings on this matter are much the same today as they were years ago. He still believes that South Carolina has an outstanding group of judges and that the citizens of this state are fortunate to have such a group.

Judge Lloyd believes that along the way, he has learned skills that have helped him in his present position. One of those skills is his willingness to deal with a variety of people. This quality is essential since he hears both civil and criminal cases, and there are always a variety of players involved who range from the very rich to the very poor; from the educated to uneducated; and everyone in between. Judge Lloyd strives to be fair. Judge Lloyd also believes that a judge should have “proper temperament” and operate on an even keel. He says that a judge should continually strive to maintain an even keel so that one’s temperament will not jeopardize a party’s right to a fair trial.

Although Judge Lloyd now serves on the bench and has left behind, at least for the time being, his attorney status, he is still willing to give advice to young lawyers who are taking a journey that is similar to his own. Here is some of the advice that he shared:

• be prepared; memoranda are not always necessary, but it is always good if you are able to cite cases that are relevant to the issues you are arguing;
• read and know the Rules of Procedure and the Rules of Evidence; refresh your memory on these periodically;
• seek advice from judges who have a governmental and a private sector background; and
• find time to be an observer of court proceedings. Judge Lloyd said that doing this will make a young lawyer more comfortable being in court and the attorney will come across as more comfortable to a judge or a jury.

Judge Lloyd also shared his biggest pet peeve. He said that he is always amazed when an objection is sustained and an attorney fails to ask for an instruction to the jury regarding the sustained objection or fails to ask the judge to strike the testimony to which there was an objection. Requesting an instruction from the judge or asking the judge to strike the testimony helps to definitively preserve the objection in higher proceedings.

Judge Lloyd stated that he finds many things interesting about being a judge. He said that there are interesting matters constantly being argued before him, which makes for a very exciting time on the bench. He also added that his responsibility as a judge is far more than he ever imagined. His job is challenging and keeps him constantly concerned about whether he did or is doing the right thing.

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Committee Reports

CLE Committee
The YLD’s Public Service Challenge, an effort to encourage and expand the public service activities of South Carolina lawyers, is asking law firms to pledge a minimum of 10 hours of public service annually for each lawyer in the firm.

While the Challenge recognizes traditional pro bono activities, it also encourages firms to expand their commitment to public service by engaging in activities that benefit the community in non-traditional ways. For example, lawyers may volunteer at a local school to assist with education initiatives, organize a blood drive, register voters or assist children with special needs.

While each firm can undertake the public service project of its choice, the YLD and the Children’s Law Committee are partnering to offer assistance in implementing three “prepackaged” public service programs: (1) free school-based legal clinics, (2) guardian ad litem training and (3) pro bono adoption. Instruction was held in the form of a CLE seminar at the 2004 Bar Convention in Charleston. At the CLE, all of the programs were explained and training for each of the programs was provided.

The Challenge is requesting that each participating firm track the number of hours spent by each attorney and report the results quarterly to the YLD. At the end of the year, the YLD will recognize and hand out awards to the five law firms that donate the most time per lawyer. More information will be provided in the next issue of The Bar Tab.

Does a Difference Make a Difference?
The Dining with Diversity Committee and the Does a Difference Make a Difference? Committee sponsored a CLE program on December 12, 2003, during the ABA/YLD Southeast Regional Conference in Charleston.

The goal of the program was to recognize the importance of diversity in the legal profession and to offer suggestions on handling bias issues in the courtroom. Panelists showcased ideas on implementing effective diversity programs, promoting diversity within a firm and prospering from it and employing strategic marketing techniques to tout diversity in the workplace and with clients. A diversity reception followed the program.

Minority Pre-Law Committee
The YLD sponsored a Minority Pre-Law Conference on November 6, 2003, on the campus of Benedict College in Columbia. Formed by the Diversity in the Profession Committee in an effort to help organize and implement programs of interest to minority communities, the conference focused on preparation for the LSAT, the admissions process, financial aid and scholarships and career choices in the legal profession. In previous years, approximately 25 law schools from around the country and students from undergraduate colleges in South Carolina, North Carolina and Georgia have participated.

New Admittee Committee
The New Admittee Committee sponsored cocktail hours in Charleston, Columbia and Greenville to honor all new admittees.

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Bar Bits

YLD hosts conference
The South Carolina Bar Young Lawyers Division hosted the American Bar Association Young Lawyers Division Southeast Regional Conference in Charleston, South Carolina from December 11 through December 14, 2003. The conference presented a wonderful opportunity for young lawyers in the Southeast to network and share programming ideas to take back to their affiliates.  We were delighted that the conference not only drew attendees from the Southeast and beyond, but also that it inspired the Florida young lawyers to agree to host the regional conference next year!
 
The Charleston Young Lawyers Club kicked off the conference with a fabulous welcome reception at the Blind Tiger, organized by Amy Mathisen. The Friday programming included a fascinating luncheon presentation concerning the 9/11 litigation, presented by Michael Elsner. The award-winning "Does A Difference Make A Difference?" continuing legal education program followed the luncheon. That program, organized and directed by Tiffany Spann-Wilder and Kay West, was a tremendous success, offering insights into challenges facing practicing attorneys and their clients-all brought into sharp relief by inspiring words from Chief Justice Jean Hoefer Toal.
 
After the programming concluded, the young lawyers welcomed the newest member of the U.S. Court of Appeals for the Fourth Circuit, the Hon. Allyson Duncan, at a reception given in her honor.  Many thanks to Vic Rawl for organizing the reception at the Exchange Building, and to Matthew and Beth Richardson for hosting Judge Duncan.  Following the reception, the young lawyers enjoyed a taste of Charleston, touring historic homes, and dancing the night away to the tunes of the Blue Dogs. Saturday morning brought a complete Southern breakfast, as well as wonderful programming from young lawyer groups throughout the Southeast Region. 
 
We greatly appreciate the contributions that the following firms made to ensure the success of the conference:  McNair Law Firm, Motley Rice, Nelson Mullins Riley & Scarborough, and Richardson Patrick. Without the generous contributions made by these firms, the conference would not have been possible.
 
For those interested in working with the upcoming South Carolina Bar YLD regional conference team, please contact Jennifer Mallory Rawl at (803) 255-9477.  

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Focus on South Carolina Bar Committees

LRE Committee
The Bar Tab will begin focusing on one Bar Committee each issue to help make young lawyers aware of the Bar’s other activities and programs. In this issue, we highlight the Law Related Education Committee.

The Law Related Education Committee guides the development of several LRE programs throughout South Carolina. It is made up of volunteer attorneys from across the state, all with an interest in the education of young people. Currently, there are five LRE subcommittees: We the People, Mock Trial, Youth Court, Awards and Scholarships and Marketing.

We the People is a widely-growing program throughout the state that focuses on American history and culminates in a mock congressional hearing competition every spring. The We the People subcommittee serves as a liaison between legislators and teachers implementing the program and helps guide the growth of the program in general.

The Mock Trial subcommittee writes both the middle and high school mock trial cases each year for competition and serves as the liaison to solicit volunteer attorneys to serve as coaches and judges. In the current year, there are more than 30 middle schools participating and more than 40 high schools with active programs.

The Youth Court subcommittee has been interested for several years in promoting the concept of Youth Court and has been a part of the recent emergence of the more than 30 active Youth Courts around the state. The subcommittee currently functions as a source of statewide technical assistance and as a provider of legal information to the courts.

The Awards and Scholarships subcommittee coordinates efforts in judging high school Mock Trial scholarship applications, as well as LRE Teacher, Attorney and School of the Year Awards.

The Marketing subcommittee works to increase attorney interest in supporting all LRE efforts. Currently the Marketing subcommittee is working with the Communications Division of the Bar to revamp the LRE pages on the Bar’s Web site.

The Law Related Education Committee is focused on the quality and growth of all LRE programs in South Carolina. The committee is currently chaired by Barbie Seymour. If any attorney in South Carolina is interested in Law Related Education, their input on the LRE Committee is welcome. Please contact Barbie Seymour at (803) 734-2038 for more information.

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ABA/YLD Fall Conference report
On October 9-12, 2003, the ABA/YLD held its 2003 Summit for Children and Fall National Public Service Conference in Pittsburgh, PA. Beyond providing tremendous professional development programs and entertaining social events, the conference offered an opportunity for the ABA/ YLD to host a Summit for Children that informed those in attendance about how young lawyers can use their skills to make a difference in the lives of abused and neglected children in the United States.

South Carolina’s young lawyers were well represented at the conference and helped contribute to the success of the event. Among others in attendance, the following individuals played particularly important roles in the Fall Conference:

DeAndrea Gist Benjamin of the Gist Law Firm attended the YLD’s Council Meeting as District 10’s representative. District 10 of the YLD is comprised of South Carolina and the U.S. Virgin Islands.

Anthony Hayes of Nelson Mullins Riley & Scarborough, LLP, made a presentation on the South Carolina Bar/USA Freedom Corps Liaison Program. The program arose out of the Wills For Heroes Program, originally conceived by Anthony Hayes in response to terrorist attacks on September 11, 2001. In his efforts to expand the Wills For Heroes Program, Anthony developed an ongoing relationship with the USA Freedom Corps of the White House. After discussions with the Freedom Corps, the South Carolina Bar YLD developed the concept of a liaison between the service arm of the White House, the Freedom Corps and the service arm of the Bar, the YLD. The goal is to ensure an open line of communication regarding other volunteer opportunities.

Susan Hayes of the McNair Law Firm and Christine Varnado of Kernodle Taylor & Root, LLC, presented the Changing Rooms for Children Project (aka the DSS Playroom Project) at the Fall Conference. The Changing Rooms for Children Project was created by the South Carolina Bar YLD to help renovate the rooms in which children and parents meet for supervised visitation. The YLD learned that the visitation rooms were often cold and depressing and that most of the toys and books in the rooms were dilapidated. In response, the YLD got approval from the Department of Social Services, the agency charged with overseeing supervised visitation, and began seeking contributions of home improvement and decorating supplies, furniture, books and toys from area businesses. With their help, the YLD transformed visitation rooms in Charleston and Columbia into warm and welcoming places for families to meet. This year, the YLD hopes to renovate visitation rooms in three other cities around the state.

Tameika Isaac of Jabber Gray & Isaac, P.A., participated in a panel discussion entitled Young Lawyers as Leaders Today and Tomorrow. The program highlighted the careers and experiences of young lawyers who have become active community and professional leaders.

In her role as Affiliate Outreach and Program Director for the ABA/YLD, Jennifer Rawl of Nelson Mullins Riley & Scarborough, LLP, is the overall director responsible for all external activities of the Division, including directing the National Conferences Team, the Affiliate Assistance Team and the Continuing Legal Education/Professional Development Team, as well as running all national conferences and meetings. Additionally, Jennifer is a candidate for Secretary-Treasurer of the ABA/YLD.

Drawing on his experience as immediate past president of the South Carolina Bar YLD, Vic Rawl of the McNair Law Firm served as moderator for an affiliate assistance program entitled "What I Wish I Had Known Before Becoming President" to help train newly elected affiliate presidents.

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The law school’s pro bono law firm
Young lawyers are the bridge from law school to law practice. Your associates, opponents, partners, law clerks, legislators, judges and maybe even clients are likely to be graduates of the USC School of Law.

So, what is our law school doing? It produces more than 200 graduates per year, and this output will not decrease. The USC School of Law graduated more than 80 percent of South Carolina’s judges and two-thirds of the entire South Carolina Bar. In addition to being the primary source of lawyers and judges, you may have also heard about many bright lights at the law school. For example:

• a new generation of energetic professors including Richard Seamon, Constitutional and Administrative Law and Civil and Criminal Procedure; Robin Wilson, specializing in Health and Family Law and also teaching Insurance and Biomedical Ethics; Andy Seigel, Constitutional Law and American Legal History; Lisa Eichhorn directing the Legal Writing Program and publishing articles about the Americans with Disabilities Act of 1990; Ann Bartow, Intellectual Property and Copyright, Patent and Trademark Law; and Brant Hellwig, Corporate Tax Law;
• the wonderful Pro Bono Program headed by Pamela Robinson;
• the third and successful dean search directed by William Hubbard;
• the Nelson, Mullins, Riley & Scarborough Center on Professionalism directed by Professor Roy Stuckey;
• successful trial and moot court teams; and
• four academic journals — South Carolina Law Review, South Carolina Environmental Law Journal, Journal of Law and Education and the ABA Real Property, Probate and Trust Journal — that extend our legal education and expand our current knowledge.

One particularly bright light emanating from our law school is the Clinical Department. The Clinical Department was started in 1968 and greatly expanded in 1980s. Then, the University officially designated it as a department to accommodate the law students’ growing interest in a practical legal education. Now, some law schools prepare their students almost exclusively through clinical programs.

Professor Lewis Burke is the Director for the Clinical Department and leads a staff of eight, including Professors Vance Cowden, Lewis Burke, Roy Stuckey, Patrick Flynn, Kenneth Gaines and Kim Connolly. These professors teach professional skills courses of Discovery; Judicial Internship; Interviewing, Counseling and Negotiating; Pretrial Practice; Negotiation; Alternative Dispute Resolution; Trial Advocacy; Criminal Trial Practice; and Advanced Trial Advocacy.

The clinical classes are not easy. No student in a clinical class can hide in the back of class or slide by at the end of the semester. Students who brave these classes are rewarded with experiences representing clients in real cases. These students get constant, hands-on training for the practice of law, and they become better lawyers because of it.
In addition to its practical training for law students, the Clinical Department is also a pro bono law firm. The Clinics handle more than 30 cases per year , allowing students to represent clients in federal practice, family law, juvenile justice, criminal practice and environmental law. In fact, these courses are the foundation of clinical education. Students represent clients in real cases under the supervision of an experienced lawyer who is on the faculty of the Clinical Department.

Under the state Supreme Court’s student practice rule, the students are supervised at all stages by one of the clinical professors. Naturally, the professors — as members of the Bar — practice law, but almost exclusively through public service and appointed cases. They, too, are appointed to the same types of cases that we must be ready to handle, including serving as guardians ad litem in family court and counsel for death penalty cases in circuit court.

These professors and students don’t compete with you though — not even for pro bono clients. Their clients do not know if the legal system is for them or against them, and they usually have no idea of what to do. But then the students, with their talents and enthusiasm, are usually able to overcome the client’s fears by careful counseling, meticulous preparation and hard work. The students win many of the cases.

Within the law school, there is a very important light trying to keep shining. The Clinical Department provides practical legal training and pro bono legal assistance. We do not have to take away from our own practices to help the Clinical Department at the law school. We just need to know it is there and doing great things. If you are interested in learning more, contact Professor W. Lewis Burke at lewis@law.law.sc.edu.

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P.O. Box 608
Columbia, SC 29202

Editor:
Thad H. Westbrook
Contributors:
Jennifer Elaine Blythe, Christi P. Cox,
Chara L. Crane, Jason Davis, Martin S. Driggers Jr., F. Cordes Ford IV,
Lee L. Gremillion IV, Steven J. Hudson, Edward C. Ingram,
William Wesley Johnson Jr., Christine Fernicola Mayhew, Sheally Venus Poe,
Sharon Renee Rice, Marion Saylor Sims, Etta R. Williams
Graphic Designer:
Denise Rachels, South Carolina Bar

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.