SC BAR NEWS - South Carolina Bar

Transcription

SC BAR NEWS
April 2013 | Vol. 25, No. 4
FEATURED ARTICLES:
2
S.C. Bar Honors Pro Bono
Award Winner Jason Luck
3
Important Notice About Your
Information in the Lawyers
Desk Book
13
New "Proud to Be a S.C.
Lawyer" Videos Launched
25
Senior Lawyers Visit Cuba
28
Young Lawyers Show
Support for Special
Olympics
29
Pro Bono Honor Roll
33
Lawyers’ Fund for Client
Protection Annual Report
RECURRING:
The N. Myrtle Beach High School Mock Trial team celebrates its second state championship.
N. Myrtle Beach High School Wins State
Mock Trial Championship
N. MYRTLE BEACH HIGH SCHOOL WON ITS SECOND STATE
TITLE and Fort Mill High School was named first runner-up in the
S.C. Bar High School Mock Trial State Competition March 9 at the
Marc H. Westbrook Lexington County Judicial Center.
Participating students from N. Myrtle Beach included Shannon
Cherney, Lukas Gschwandtner, Kennedy Hayes, Courtni Hyatt,
Brandon Lynch, Kacey Markarian, Allie Minarik, Stephanie Pacheco
and Bailey Phillips. The teacher coaches were BJ DeCerbo and Amy
Mock Trial, continued on page 9.
10
Bar Bytes
4
Bar Foundation News
34
Calendar
9
Casemaker Corner
14
CLE News
22
Ethics Advisory Opinions
6
Firm Announcements
16
Health and Wellness
18
Lawyers Helping Lawyers
21
Lending Library Spotlight
20
Risk Management
24
Judicial Advisory Opinions
BOARD OF GOVERNORS
Angus H. Macaulay
President
Alice F. Paylor
President-Elect
J. Calhoun Watson
Treasurer
Anne S. Ellefson
Secretary
A. Marvin Quattlebaum Jr.
Immediate Past President
William K. Witherspoon
Chair, House of Delegates
James Edward Bradley
Kathryn Cook DeAngelo
George C. Johnson
William R. Johnson
LeRoy Free Laney
Nancy S. Layman
E. Brown Parkinson Jr.
Thomas E. Pope
Edward K. Pritchard III
Rebecca A. Roser
Elizabeth H. Warner
David W. Whittington
Elizabeth Biggerstaff York
Managing Editor
Leigh Thomas
[email protected]
Graphic Designer, Aldrena Corder
SC Bar News is published in February,
April, June, October and December by
the South Carolina Bar, P.O. Box 608,
Columbia, SC 29202-0608. (803) 7996653. www.scbar.org. The publication is
provided as a membership benefit to all
Bar members. Copyright © 2013 South Carolina Bar.
2
April 2013 | SC Bar News | www.scbar.org
S.C. Bar Honors Pro Bono Award
Winner Jason Luck
THE S.C. BAR HAS RECOGNIZED JASON
SCOTT LUCK OF CHARLESTON for his
contributions to meeting the civil legal
needs of citizens who cannot afford the
services of an attorney. Luck received the
Pro Bono Award during a presentation at
the S.C. Bar Foundation Gala on March 22.
Luck, an attorney with Seibels Law Firm,
PA, earned his Bachelor of Science in 2000
from the University of North Carolina at
Chapel Hill and his Juris Doctor from the University of South
Carolina in 2005. He is a trial and appellate attorney at various
levels of both state and federal courts and is a frequent lecturer
in university classes and continuing legal education seminars.
In 2009, Luck assumed the defense of an indigent father in a
termination of parental rights (TPR) action. The family court
ultimately sided with the plaintiff, a decision that Luck
appealed to the S.C. Supreme Court in 2011. On Oct. 3, 2011,
the Supreme Court reversed the order of the family court and
directed that the father be reunited with his daughter after
nearly four years of separation.
“Mr. Luck’s commitment to this case was exceptional,” said
Beth Palmer, attorney with Rosen Rosen and Hagood, LLC in
Charleston, and Luck’s nominator. “He devoted more than 200
hours to the actions, the appeal of TPR and subsequent proceedings before the Family Court … with no hope of compensation.”
This case has seen wide application in the family court and
has been cited by American Jurisprudence in Trials and
American Jurisprudence: Proof of Facts. Luck has since advised
many attorneys on handling TPR trials and appeals and presented the S.C. Bar Continuing Legal Education seminar,
Representing Parents in DSS Abuse and Neglect Proceedings.
“Jason is an attorney of great character with a heart for helping others,” said Angie Kohel, Legal Services Manager for CASA.
“While I am sure his clients are very grateful for his help… I
want him to know that his colleagues are also grateful.”
The S.C. Bar Pro Bono Award is presented annually to a
lawyer who has demonstrated outstanding commitment to volunteer legal services for the poor and disadvantaged. These
services ensure that representation is provided to individuals
and families in need of free civil legal assistance.
IMPORTANT NOTICE
ABOUT YOUR INFORMATION IN THE LAWYERS DESK BOOK
Production of the 2013-14 Lawyers Desk Book is underway, and address changes made
by June 1 will be reflected in the new edition. All changes in contact information are handled by the S.C. Attorney Information System (AIS) exclusively, and you must log on to
AIS to update your information. Complete contact information will be published for all
Bar members, to include name, organization, mailing address, phone and fax numbers,
and e-mail addresses.
Please review your information carefully, as it will be published as entered in AIS. If you
have not entered your fax number in AIS, the Bar does not have it on file. While AIS does
not require fax numbers, you must enter one if you would like it to appear in the
Lawyers Desk Book. In order to ensure your zip code matches the address published,
please do not enter two addresses (P.O. Box and Street) in a single address field.
Members of the South Carolina Bar
are cordially invited to attend a reception honoring
Alice F. Paylor
Incoming President of the South Carolina Bar
Thursday, May 16, 2013
4–7:30 p.m.
1765 Atlantic Ave., Sullivan’s Island
3
BAR FOUNDATION NEWS
Tribute GIFTS
The Bar Foundation gratefully acknowledges those who have made gifts in
memory or honor of a colleague or
friend of the Bar. Names in bold are the
individuals recognized.
IN MEMORY OF
Charles E. Baker
Anita H. Baker
Anita T. Baker
Carol M. Baker
James S. Chandler Jr.
Hon. William S. Coleman Jr.
Julian H. Gignilliat
Alisa P. Cleek
Samuel M. Coleman
R. Read Gignilliat
Sharon Morgan
Eleanor T. Going
H. Hugh Rogers
Jack W. Lawson Jr.
Elizabeth B. York
Frank A. Lyles
H. Hugh Rogers
Clarke W. McCants Jr.
Hon. William S. Coleman Jr.
John L. McCants
James “Bo” Mullis Jr.
Elizabeth Van Doren Gray
Hon. T.L. Hughston Jr.
Hon. Jamie Lee Murdock Jr.
Debbie S. Mollycheck
D. Michael Parham
E. Brown Parkinson Jr.
Donald V. Richardson III
Sara Elizabeth Brosnan
Morris D. Rosen
Robert P. Wilkins Sr.
Foundation President 1987-88
Rex L. Casterline
George B. Cauthen
Clarke Johnson Peterson & McClean, PA
Thomas S. and Susan M. Glenn
Lloyd and Susan Hendricks
D. Laurence McIntosh
Pamela J. Roberts
H. Hugh Rogers
Joe and Lucy Roof
Robert S. Wells
Tributes, continued on page 13.
4
President Jack Griffeth (center) presents $15,000 to grantees as a result of the Greenville
Grantee Gathering held in December. Others, from left: Tom Bruce and Andrea Loney (S.C.
Legal Services); Richard Kahn and Casey Edwards (Upstate Mediation Center); Mary Capers
Bledsoe and Tiffany Massey (YMCA Youth in Government); and Shannon Willis Scruggs (Bar
Foundation).
Bar Foundation Awards $15,000 to
Three Grantees
One excellent result of the Greenville Grantee Gathering held in
December was the ability of the Bar Foundation to generate
$15,000 to be divided to support three Upstate grantees—S.C.
YMCA Youth in Government, S.C. Legal Services' Greenville office
and Upstate Mediation Center. The funds were contributed by
local attorneys and law firms in response to learning about the
offerings of Foundation grantees in the area.
The gathering—made possible by Certus Bank, Collins & Lacy,
The Palmetto Bank and TD Bank—brought approximately 100
members of the legal community to Greenville’s West End
Community Development Center for a breakfast that featured presentations by the three grantees as well as a special presentation
by Dr. Rod Smolla, Furman University President.
“We’re proud to support organizations that are working to
expand access to justice and offer civic education opportunities,”
said Shannon Willis Scruggs, executive director of the Bar
Foundation. Bar Foundation President Jack D. Griffeth beamed
with pride as he handed a check for $5,000 to each grantee. “By
far one of my favorite parts of my presidency,” he said. To help
the Bar Foundation continue to contribute to the success of
grantees like these, download the Foundation’s donor form or
make a gift online.
Kirby Mitchell Honored for
Commitment to Legal Services
IN MARCH, THE S.C. SUPREME COURT
ACCESS TO JUSTICE COMMISSION and the Bar
Foundation announced S.C. Legal Services’ Kirby
R. Mitchell as the 2012 Ellen Hines Smith Legal
Services Lawyer of the Year. The award, in memory of Ellen Hines Smith of Spartanburg, recognizes a lawyer who has demonstrated long-term
commitment to legal services to the poor. Mitchell
received the award at the Bar Foundation Gala on
March 22.
“Kirby Mitchell, like Ellen, has worked tirelessly
to breathe life into the ideal of equal justice under
the law,” said Andrea E. Loney, executive director
of S.C. Legal Services. “He is always among the
first of our managing attorneys to challenge how
we plan, budget and work to achieve a high quality law firm.”
Mitchell is a managing attorney at S.C. Legal
Services’ Greenville office. He earned his undergraduate degree from Furman University and
received his Juris Doctor from the University of
Georgia School of Law. His legal services experience began as a VISTA volunteer for Legal
Services of Western Carolina, assisting the attorneys and managing and recruiting all service volunteers. Following his volunteer work, Mitchell
traveled to Ostrava, Czech Republic, where he
designed a curriculum for and taught all-English
conversation classes to high school students and
adults. After returning to the United States and
completing his education, Mitchell worked as an
associate attorney at the Law Offices of Daniel E.
Hunt, P.A., where he focused on civil litigation,
estate administration and planning, appellate and
real estate practice.
In the legal community, Mitchell serves as a
member of the S.C. Bar’s House of Delegates, S.C.
Supreme Court’s Docket Management Task Force
and S.C. Bar Judicial Qualifications Committee. He
also is an adjunct professor at Furman University
where he teaches Poverty and the Law.
Selected as one of Greenville Magazine’s Best &
Brightest 35 & Under, Mitchell is a member of the
Simple Abundance
BY CHERYL HOLLAND, ABACUS PLANNING GROUP
I don’t know about you but I have enough
stuff. My closets are full, my desk is overflowing and my walls are covered. To roll back the
stuff “tide,” I have a 2013 aspiration—what
would happen if each of us gave and asked
for honorariums and memorials to the S.C.
Bar Foundation?
Imagine what might happen if every lawyer
in South Carolina asked for a $100 donation
to the Foundation as a birthday gift. The
Foundation would grow by $1.4 million and
grants would increase by $70,000 per year.
Birthdays, Father’s Day, Mother’s Day, anniversaries (well, a few of us might get in trouble
for that one) and other celebrations become a
simple matter of writing a check. A gift recognizing a loved one’s passion for the law
would resonate across generations and gender.
Just send this article to a loved one, put it
on your spouse’s dresser with a note, or write
a check today honoring a favorite mentor.
“
Appreciation is a little bit like
oxygen. We can survive with less
than optimal oxygen, but we do
not survive well.
”
—Kenneth Barish, Ph. D
Diversity Leaders Initiative Advisory Committee
(with the Greenville Hospital System’s new medical school) and a board member of the
Metropolitan Arts Council and Upstate Mediation
Center.
To make a tribute gift in honor of Mr. Mitchell,
download the Foundation’s donor form or give
online.
5
FIRM ANNOUNCEMENTS
To submit a firm announcement, please fax to Kylie Moran
at (803) 799-4118 or e-mail [email protected].
A.J.Z. Law Firm, LLC announces that M.
Wade Dowtin has joined the firm and that it has
relocated to 1330 Lady St., Ste. 400, Columbia
29201. (803) 400-1918.
Baker, Ravenel & Bender, LLP announces
that Robert L. Brown has been elected a partner in the firm located at 3710 Landmark Dr.,
Ste. 400, Columbia 29204. (803) 799-9091.
Barnes, Alford, Stork & Johnson, LLP
announces that Matthew G. Gerrald has
become a partner in the firm located at 1613
Main St., Columbia 29201. (803) 799-1111.
Bell Carrington, LLC announces that Brian
T. Price has become a member in the firm and
that it is now Bell Carrington & Price, LLC.
George H. “G.H.” Bobotis has joined the
Greenville office located at 870 Cleveland St.,
Ste. 1B, 29601. (864) 272-0556.
Bland Richter, LLP announces that Scott M.
Mongillo has joined the Charleston office as
special counsel located at Peoples Building,
Mezzanine Level, 18 Broad St., 29401. (843)
573-9900.
Brock & Scott, PLLC announces that Jim
Hindersman has joined the firm as managing
attorney over S.C. Real Estate located at 3800
Fernandina Rd., Ste. 110, Columbia 29210. (803)
454-3540.
Audrey R. Brown announces the opening of
A.R. Brown Law Firm, LLC located at 1327
Ashley River Rd., Bldg. C, Ste. 100, Charleston
29407. (843) 259-2195.
Tina L. Brown announces the opening of
The Brown Law Office, LLC located at 1201
Main St., Ste. 1980, Columbia 29201. (803) 7481344.
Burriss and Ridgeway announces the
opening of its Lexington office located at 416 W.
Main St., 29072. (803) 451-4000.
Ryan E. Butler and Andrew W. College
announce the opening of Butler & College, LLC
with offices in Summerville, W. Ashley and Mt.
Pleasant. The main office is located at 501 Belle
Hall Pkwy., Ste. 101, Mt. Pleasant 29464. (843)
284-8676.
Harry A. Chapman Jr., Russell W. Harter
Jr. and Carly M. Harter announce the opening
of Chapman, Harter & Harter, PA located at
14 Lavinia Ave., Greenville 29601. (864) 2334500.
6
Childs & Halligan, PA announces that
Jasmine Rogers Drain and Dwayne T.
Mazyck have become shareholders in the firm
located at 1301 Gervais St., Ste. 900, Columbia
29201. (803) 254-4035.
Jessica Christophillis and Amanda
Gallivan announce the opening of
Christophillis & Gallivan, PA located at 300
N. Main St., Ste. 200, Greenville 29601. (864)
233-4445.
Cofield Law Firm announces that Amanda
Pittman has joined the firm as an associate
located at 809 S. Lake Dr., Lexington 29072.
(803) 951-0389.
Collins & Lacy, PC announces that Jon
Ozmint has been appointed a voting shareholder and Aisha Taylor has been elected a
shareholder in the Columbia office located at
1330 Lady St., 6th Floor, 29201, (803) 256-2660,
and Mike Pitts has been appointed a voting
shareholder in the Greenville office located at 37
Villa Rd., Ste. 500, 29615, (864) 282-9100.
W. Blake Cummings and Rebecca L.
Anderson announce the opening of Cummings
& Anderson, LLC located at 679 E. Main St.,
Spartanburg 29302, (864) 573-9688. William V.
Cummings is of counsel to the firm.
Davis & Snyder, PA announces that David
L. Williford has become a partner in the firm
and that it is now Davis, Snyder & Williford,
PA located at 5 Hawthorne Park Ct., Greenville
29615. (864) 335-3500.
Paul D. deHolczer announces the opening
of deHolczer Law PC located at 1911 Barnwell
St., Ste. C, Columbia 29201. (803) 708-3242.
Dennis, Shaw & Drennan, LLC announces
that Heather M. Gwinn has become an associate in the firm located at 103 Lafayette St.,
Spartanburg 29302. (864) 582-0708.
Mark Desser announces the opening of
Mark Desser, Attorney at Law, LLC located at
1803 W. Palmetto St., Ste. D, Florence 29501.
(843) 413-9000.
Dority & Manning, PA announces that
James I. Burns, Seth E. Jones, Joseph J.
Probst, Anand K. Patel and J. Rhoades White
have joined the firm located at 55 Beattie Place,
Ste. 1600, Greenville 29601. (864) 271-1592.
Joseph DuBois and Zach Naert announce
the opening of Naert and DuBois, LLC located
at 22 New Orleans Rd., Ste. 3, Hilton Head Island
29928. (843) 686-5500.
Duffy & Young, LLC announces that Seth
W. Whitaker has been named a principal in the
firm located at 96 Broad St., Charleston 29401.
(843) 720-2044.
Thomas G. Earle and Carl A. Ellsworth
announce the closing of Seigler, Earle &
Ellsworth located at 1735 St. Julian Place, Ste.
103, Columbia 29204. (803) 254-2791.
Evans, Carter, Kunes & Bennett, PA
announces that F. Patricia Scarborough has
become a shareholder in the firm located at 115
Church St., Charleston 29401. (843) 577-2300.
Fields & McLaurin, LLC announces that
Ann Marie Sullivan has joined the firm as an
associate located at 10 Commons Blvd., Seneca
29678. (864) 882-1812.
Wendi M. Freeman and Dana R. Wine
announce the formation of Freeman|Wine, LLC
located at 1040 eWall St., Mt. Pleasant 29464.
(843) 849-1900.
Gallivan, White & Boyd, PA announces that
T. Cory Ezzell has been elected a shareholder
and Paul D. Greene and W. Duffie Powers
have been elected partners in the Greenville
office located at 55 Beattie Place, Ste. 1200,
29601, (864) 271-9580, and Breon C.M. Walker
has been elected a partner in the Columbia office
located at 1201 Main St., Ste. 1200, 29201,
(803) 779-1833. Adam R. Artigliere has joined
the Greenville office as of counsel, and Kyle J.
White has joined the Greenville office as an
associate.
Gibbes Burton, LLC announces that Mary
Frances Dassel has become an associate of the
firm located at 308 E. St. John St., Spartanburg
29302. (864) 327-5000.
Godfrey Law Firm, LLC announces that
Kathryn Harrell Martin is working with the
firm located at 10 East Ave., Greenville 29601.
(864) 467-9196.
Graybill & Lansche, LLC announces that C.
Bowen Horger II and Ryan W. Newton have
been named members in the Columbia office
located at 2721 Devine St., 29205. (803) 4045700.
Green Ford & Wallace, LLC announces its
relocation to 715 King St., Charleston 29403,
(843) 277-2011, and that it is now Ford &
Wallace LLC.
Grimes Teich Anderson, LLP announces
that Jeff M. Martin has joined the Greenville
office located at 111 E. North St., 29601. (864)
421-0771.
Charles M. Groves announces the relocation of Law Offices of Charles M. Groves,
LLC to 217 E. Park Ave., Greenville 29601. (864)
233-4566.
Rebecca H. Hale and Sean Michael
Bolchoz announce that Hale & Bolchoz, LLC
has dissolved. Sean Michael Bolchoz
announces that Bolchoz Law Firm, PA has
opened its offices at 6 Buckingham Plantation
Dr., Ste. B, Bluffton 29926, (843) 836-3033. Hale
& Hale, PA will remain at Ste. 294, Moss Creek
Village, Hilton Head Island 29926 with a satellite
office at Sun City Hilton Head, 38 William Pope
Dr., Ste. 203, Okatie 29909, (843) 837-3000.
Hall Booth Smith, PC announces the relocation of its Charleston office to 40 Calhoun St.,
Ste. 550, 29401, (843) 720-3460, and that
Elizabeth Freeman has joined the firm.
Haynsworth Sinkler Boyd, PA announces
that Jenny Costa Honeycutt has become a
shareholder in the Charleston office located at
134 Meeting St., 3rd Floor, 29401, (843) 7223366; John P. Boyd, Emily H. Farr, John M.
Florence Jr., Louise M. Johnson and William
R. Johnson have become shareholders in the
Columbia office located at 1201 Main St., 22nd
Floor, 29201, (803) 779-3080; and Joshua D.
Spencer has become a shareholder in the
Greenville office located at 75 Beattie Place, 11th
Floor, 29601, (864) 240-3200.
Holcombe Bomar, PA announces that John
Hollis Inabinet has become an associate of the
firm located at 100 Dunbar St., Ste. 200,
Spartanburg 29306. (864) 594-5300.
Howser, Newman & Besley, LLC
announces that Blakely Molitor has joined the
firm as an associate located at 1508 Washington
St., Columbia 29201. (803) 758-4445.
Miller S. Ingram Jr. announces that Mark
K. Ingram has joined his practice, which is now
Ingram Law Firm, located at 217 Second St.,
Cheraw 29520. (843) 537-6565.
Susan Trout Kinard announces the relocation of Kinard Law Firm to 295 Seven Farms
Dr., Ste. 204, Daniel Island 29492. (843) 4785237.
Firm Announcements, continued on page 8.
7
Firm Announcements, continued from page 7.
Leinster Law Firm announces that William
L. Glenn has joined the firm as an associate
located at 135 S. Main St., Ste. 301, Greenville
29601. (864) 232-3541.
Littler Mendelson, PC announces that
Jacob J. Modla has become a shareholder in
the Charlotte office located at 100 N. Tryon St.,
Ste. 4150, 28202. (704) 972-7000.
Lugenbuhl, Wheaton, Peck, Rankin &
Hubbard announces that Miles C. Thomas has
become a shareholder in the New Orleans, La.
office located at 601 Poydras St., Ste. 2775,
70130. (504) 568-1990.
The McCord Law Firm, LLC announces that
Daniel L. Crotchett has joined the firm located
at 109 E. North St., Greenville 29601. (864) 5932292.
McCullough Khan, LLC announces that
Ross A. Appel has joined the firm as an associate located at 68½ Queen St., Charleston 29401.
(843) 937-0400.
McDonald Patrick Poston Hemphill &
Roper, LLC announces that Hannah K. Metts
has become partner in the firm located at 414
Main St., Greenwood 29646. (864) 229-2511.
McLeod, Fraser and Cone, LLC announces
that J. Reaves McLeod has become a partner
and that R. Clenten Campbell has become an
associate in the firm located at 111 E.
Washington St., Walterboro 29488. (843) 5492516.
Jessica L. Means (f/k/a Jessica L. Cassick)
announces the opening of Means Law Firm,
LLC located at 1004 Anna Knapp Blvd., Second
Floor, Mt. Pleasant 29464. (843) 654-4470.
Elizabeth Dyal Medlin announces the opening of Medlin Law Firm, LLC located at 1027
W. Main St., Laurens 29360. (864) 681-1340.
Mickle and Bass, LLC announces that S.C.
Workers’ Compensation Commissioner
Derrick Williams has joined the Columbia
office as of counsel located at 1803 Hampton St.,
29250. (803) 929-0029.
Moore, Taylor & Thomas, PA announces
that Sarah Taylor Cassidy and Margaret
“Meg” Hazel have joined the W. Columbia office
as associates located at 1700 Sunset Blvd.,
29171. (803) 796-9160.
Nelson Mullins Riley & Scarborough LLP
announces that Crystal McCall has become
partner in the Greenville office located at 104 S.
Main St., Ste. 900, 29601. (864) 250-2343.
James Burns, Paul Collins, Sarah Eibling and
Erik Norton have been named partners in the
Columbia office located at 1320 Main St., 17th
Floor, 29201. (803) 799-2000. Steven D. Dyer
has joined the Charleston office located at 151
Meeting St., Ste. 600, 29401. (843) 534-4256.
Nexsen Pruet, LLC announces that Amy
Clayton and Jennifer Hollingsworth have
been named members in the Columbia office
located at 1230 Main St., Ste. 700, 29201, (803)
771-8900; Elbert Dorn has been named partner
in the Myrtle Beach office located at 1101
Johnson Ave., Ste. 300, 29577, (843) 213-5400;
Mary Shahid has been named partner in
Charleston office located at 205 King St., Ste.
400, 29401, (843) 577-9440; and Kirsten Small
has been named partner and Rachael Lewis
Anna has joined the Greenville office located at
55 E. Camperdown Way, Ste. 400, 29601, (864)
370-2211.
Ogletree, Deakins, Nash, Smoak &
Stewart, PC announces that Daniel T. Sulton
has been elected a shareholder in the Greenville
office located at 300 N. Main St., 29601. (864)
271-1300. Lee Gibbs Depret-Bixio has been
elected a shareholder in the Columbia office
located at 1320 Main St., Ste. 600, 29201. (803)
252-1300.
Eliot Peace announces that he has accepted
a commission as judge advocate with the U.S.
Air Force and can be reached at 6 AMW/JA,
8208 Hangar Loop Dr., MacDill Air Force Base, FL
33621. (813) 828-8793.
Richardson Plowden & Robinson, PA
announces that Drew Hamilton Butler has relocated to the newly-opened Charleston office
located at 40 Calhoun St., Ste. 220, 29401. (843)
805-6550. Charles J. “Chuck” Webb has been
named a shareholder in the Columbia office
located at 1900 Barnwell St., 29201. (803) 5763737. E.B. Davis Inabnit Jr. has joined the
Myrtle Beach office as an associate located at
2103 Farlow St., 29577. (843) 448-1008.
Roe Cassidy Coates & Price, PA
announces that Amber B. Glidewell has
become a partner in the firm located at 1052 N.
Church St., Greenville 29601. (864) 349-2600.
Firm Announcements, continued on page 27.
8
Mock Trial, continued from page 1.
Murphy. The attorney coaches were Josh Holford
and Martin Spratlin. Mr. Holford is an alumnus of
the Fort Mill High School Mock Trial team.
N. Myrtle Beach High School will compete in
the national competition May 9-12 in
Indianapolis, Ind.
Participating students from Fort Mill included
Lauren Barnes, Holli Credit, Morgan Deal, Scott
DeMayo, Stephen DeMayo, Devin Fiorenza, Zac
Kolat, Nick Kulesa, Rhea Mathew, Hailey Morris,
Jeffrey Parham, Raven Rascoe, Ivey Wambach and
JaQuell Wilson. The teacher coach was Beverly
DeMayo. The attorney coaches were Walter
Dusky, Garret Johnson and Ryan Newkirk, all of
whom are alumni of Fort Mill High School’s Mock
Trial team.
Students presented the plaintiff and defendant
sides of a fictitious case before a panel of local
volunteer judges and lawyers. Additionally, students filled the roles of defendant, witnesses,
bailiff and timekeepers. Each team was judged
on its presentation skills, rather than the legal
merits of the case.
This year’s fictitious civil case was Logan Gray
vs. JML Properties, Inc. Logan Gray, a news
anchor and investigative reporter, aired a story
about the bedbug infestation experienced while
staying at a JML Property, and is subsequently
suing the company. JML Properties denied the
claim, alleging that Gray planted the bedbugs,
and filed a counterclaim stating that the news
story was defamatory and resulted in substantial
financial losses. For more information about the
Mock Trial case or program, visit
www.scbar.org/lre.
The mock trial program is sponsored by the
South Carolina Bar’s Law Related Education (LRE)
Division, which was developed in 1976 to
improve the ability of teachers to instruct law
related education. The program is made possible
through a S.C. Bar Foundation IOLTA grant and
the S.C. Bar. Competitions would not be possible
without the support of volunteers who serve as
attorney coaches, scoring judges and presiding
judges. See page 12 for a list of these volunteers.
Casemaker Corner
Casemaker’s App for the
Android, iPhone and iPad
is now available!
Just follow these easy
instructions.
• Click on “Available mobile
application” while on Casemaker.
• Complete the form to receive a reference
code.
• Go to Google Play or iStore and download
the Casemaker app by searching for
Casemaker or Casemakerlegal.
• The first time you run the application, it will
ask for the reference code. Enter the code
that you received when you registered while
on the Casemaker site.
• If you have any problems, just contact
Casemaker support at (877) 659-0801.
For Casemaker assistance, please e-mail
[email protected].
“Like” the Bar on Facebook or
follow us on Twitter!
Visit www.facebook.com/
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activities, news items and website additions. Follow the Bar on
Twitter at twitter.com/scbar and
Bar President Angus Macaulay at
twitter.com/scbarpres2012.
9
BAR BYTES
Be Smart About Tech Terms
of Art
BY COURTNEY KENNADAY, PRACTICE MANAGEMENT
ASSISTANCE PROGRAM DIRECTOR
After 10 years of answering questions for
lawyers about law office software, there’s one
thing I’m sure of: the names used by software
makers are confusing to lawyers. Lawyers often
think of what they would call the software they
want ("file management,” for example) and try to
Google those terms. This frequently leads to
frustration, as they discover that what they’re
looking for is known as something else. To
heighten the confusion, many products’ features
overlap. I recommend that all lawyers list what
processes they hope to improve, specifically,
before starting their software search. Instead of
“file management,” maybe you meant “Help me
find documents and work product on my computers.” Here, then, is a simple list of terms of
art often used by purveyors of law office software.
Document Management
If you want software that will make it easier to
find work product (such as word processing documents) that your firm has already created, then
document management software is what you are
looking for. This software creates a searchable
database of the information saved on your computer. You can then use key words or phrases to
find documents. Even better, you can save a
matching profile for each document as it is created, so that you can also know the author, the
date, the client, the matter number, the type of
document and so on. You will never have to
“reinvent the wheel” when you have document
management software. Document management
software is not limited to organizing word processing documents. As part of a “paperless”
office scheme, this software will accommodate a
variety of electronic formats from scanned
images to faxes.
10
Representative types of document management
software: Worldox, Cabinet NG, Autonomy
Worksite. Cloud products: NetDocuments,
eDOCS.
Not to be confused with: document assembly
software, such as HotDocs, which is software
that helps you generate document templates in a
forms-driven practice.
Further clarification: Box.com, Dropbox,
SugarSync and other online backup and file sharing services are NOT in this category.
Case Management
Think of all the types of information you typically utilize when handling a case: calendars;
dockets; phone message pads; e-mail; word processing documents; faxes; memos to billing;
time tracking; and contact information like
phone numbers and addresses. Now, think of it
all in one place for every client, accessible in
seconds on your computer. That’s case management software.
Representative types of case management software: Time Matters, Amicus Attorney,
PracticeMaster, Abacus, ProLaw, Needles. Case
management that integrates with Outlook:
Credenza and IntelliPad. Cloud products: Clio,
Rocket Matter, MyCase.
Sometimes called: practice management software, but usually only when it encompasses
both back office and front office functions, such
as time keeping and billing. Example: ProLaw
from Thomson Elite or Tabs3+PracticeMaster.
Litigation Support
Do you have a complex litigation case with
countless bankers’ boxes of documents? Do you
need to organize and summarize a large number
of documents, such as transcripts, documentary
evidence, electronic discovery, OCR text, PDFs
and images? Is it important to attach video files
or synchronize evidence with video? Then you
need litigation support software. Litigation support software also enables you to put everything
you need for a trial on a notebook computer.
Representative types of litigation support software: CT Summation and Concordance.
Not to be confused with: trial presentation software, such as Sanction and TrialDirector. Use trial
presentation software to make an audio-visual
presentation to the judge and jury.
Time and Billing
Since lawyers aren’t the only professionals who
need to track their time and bill for it, there are a
large number of products available. This software is used to capture case-related time and
expenses, generate reports and bills, and integrate with accounting software.
Representative types of legal time and billing
software: PC Law, Tabs3, Easy TimeBill,
Timeslips, Juris, RTG Bills.
Accounting
Generally, this is software that includes trust
accounting, accounts payable and receivable,
general ledger, report writing and check writing.
It should integrate seamlessly with time and
billing software. Many time and billing software
makers offer their own accounting modules for
sale. It’s recommended to use accounting software specifically designed for law firm accounting and trust accounts.
Representative types of accounting software
for lawyers: Easy Trust, Juris, PCLaw, Tabs3,
QuickBooks Pro, CaseLode.
Contact Management
This software combines calendaring and contact management (address book) functions. Key
requirements for legal professionals: the ability
to share calendars with others and “ticklers” to
remind of impending deadlines. Calendaring and
docketing are an integral part of case management software, but there are also a few standalone products available.
Representative types of contact management
software for lawyers: CompuLaw, Time & Chaos
and Contact Plus. Many small offices just rely on
Microsoft Outlook, with Credenza and IntelliPad
gaining popularity. CompuLaw introduced
Deadlines.com for online use.
Although there are more, these are the major
categories of software products you should know
when you start shopping for the right one for
you. The Practice Management Assistance
Program offers guidance on technology questions.
For more information, visit www.scbar.org/pmap.
11
Andy Anderson
David Allen Anderson
Phillip Bryan Atkinson
Benjamin Jackson Baldwin
Daniel Joseph Ballou
Marsha M. Banks
A. Elliott Barrow Jr.
Michael Kirk Battle
Joshua Allan Bennett
Randy Allen Beverly Jr.
Sheila Marlouvon Bias
Pamela W. Blackshire
Bethany Ann Blundy
Nikole Haltiwanger Boland
Nashiba D. Boyd
Patti Austin Brady
George W. Branstiter
Lauren Cooper Brearley
Jacqueline Marie Brown
William Alfred Bryan Jr.
Amy E. Burke
Brian Gregory Burke
Blakely Copeland Cahoon
William T. Clarke
Lisa Robette Claxton
James K. Cluverius Jr.
David Starr Cobb
Andrew N. Cole
Cynthia A. Coker
Lisa Long Cotten
Stephen M. Cox
Carlyle Cromer
Jenna Yvonee Crum
Richard G. D’Agostino
Katherine J. Dahlheim
Darquetta Nichole Davis
John DeLoache
Jimmy Denning Jr.
Patrick G. Dennis
Lir Patrick Derieg
William “Trey” DesChamps III
Delores “Dori” A. Ditty
Abigail Scudder Duffy
Walter George Dusky
Karen E. Edwards
Sloan Price Ellis
Randi Lynne Powell Farr
Susan J. Firimonte
Bradley Alexander Floyd
Margaret “Peg” Fox
William S.F. Freeman
Allen O. Fretwell
Gregory Michael Galvin
Hon. Heather Jones Galvin
David Weldon Gantt
Kenneth S. Generette
Bernadette Shawan Gillians
Hon. Diane S. Goodstein
Megan Kendall Gresham
Wendy Nicole Griffith
Evan Kyle Guthrie
12
thank you!
2013 High School Mock Trial Volunteers
Susan Barber Hackett
Andrew R. Hart
Carly Marie Harter
Hon. John C. Hayes III
Robert Andrew Hedesh
Laree Anne Hensley
Susan Jeanne Herdina
William A. Hodge
Helen “Sam” Hodges
Kathleen J. Hodges
John Gatling Hofler III
Joshua David Holford
Anderson M. Horne
John “Jack” W. Howard III
Jennings Scott Hucks
Kathrine Haggard Hudgins
Megan Catherine Hunt
William Chadwick Jenkins
Collin Robert Jewell
Eric Martin Johnsen
Garrett Brandon Johnson
Emily G. Johnston
Daniel Tindall Jordan
David Bradley Jordan
Jessica Elizabeth Kinard
Hon. Lisa A. Kinon
John K. Koon
Alex Kornfeld
Hon. Jack Landis
Gary Craig Lemel
John R. Lester
Elinor V. Lister
Stephanie Vaught Little
Angela Littlejohn
Hon. James E. Lockemy
Robert Edward Lominack
Kathleen Grey Lyall
Erica Greer Lybrand
David N. Lyon
Tom Marchant
Hon. Daniel E. Martin Jr.
Anthony Shane Massey
Blair Ballard Massey
William G. Mayer
J. Edwin McDonnell
Eugene “Trey” McLeod III
Donna Lynn McQueen
Michael Strom Medlock
Edye U. Moran
Patricia Banks Morrison
Timothy Ward Murphy
Samantha Nelson
Ryan Robert Newkirk
Melanie Carol Nicholson
Hon. Ronald R. Norton
Stephanie Nye
Nancy Olah
Sabrina Owen
Catherine Denise Owens
Matthew Evan Pecoy
Monét S. Pincus
Sheally Venus Poe
Hon. Timothy H. Pogue
Brandon Keith Poston
Barbara Wilson Pratt
Felicia Sampson Preston
Tommy Preston Jr.
Dorothy F. Reed
Lee Ann Wooten Rice
Tiffany Nichole Richardson
Gwendolyn L. Robinson
Marshall U. Rogol
Rebecca Ann Roser
Jennifer W. Rubin
Hon. John M. Rucker
Eric Wm. Ruschky
Cyndi Russell-Albach
Ronnie Alan Sabb
Daniel S. Sanders
Sean Scapellato
Michael Julius Schwartz
Christopher Joshua Scott
Barbara Marie Seymour
Christopher Lance Sheek
Thomas McRoy Shelley III
Mary Katherine “Marne” Sherman
Evan Meyer Slavitt
Lawrence Bradley Smith
Sarah Darbee Smith
Martin D. Spratlin
Andrea Devorea Spriggs
Christian Stegmaier
Michelle Ranee Suggs
David F. Sullivan
Stacy E. Thompson
Sabrina C. Todd
Samuel Barton Tooker
Stephanie Kristan Toronto
Johanna Catalina Valenzuela
Larry L. Vanderbilt
Gene Palmer Vaught III
Lauren Hill Vinson
Flo Lester Vinson
Hon. Jerry Vinson Jr.
Bruce Wallace
Sally M. Wallace
Aaron G. Walsh
Robin F. Wheeler
James White
Reid Wildman
David Reynolds Williams
Ericka McCants Williams
Hon. Robert Williams
John Owens Williams II
Elizabeth Patterson Wiygul
Robert P. Wood
Laura Wood Young
Lyndey Ritz Zwing
New "Proud to Be a South Carolina
Lawyer" Videos Launched
The Bar has added new videos to its “Proud to Be a S.C.
Lawyer” video series. The videos present a glimpse into the
lives of lawyers, the work of law firms, and their commitment
to their clients and the community. The individuals featured in
the videos come from diverse backgrounds and practice areas.
Each relates his or her story about how they use their own
experiences combined with their legal training to provide
assistance, insight and empathy to the people they serve.
Tributes, continued from page 4.
Deborah W. Witt
Eugene N. “Nick” Zeigler Jr.
Hon. T.L. Hughston Jr.
IN HONOR OF
Robert A. Clark
Mrs. A.G. Clark
Julius W. McKay’s 90th birthday
Abacus Planning Group
Kirby R. Mitchell
Fredrick W. Pfeil
C. Diane Smock
Larry W. Propes
Danny H. Mullis
Click the image above to view all the videos in the series,
and please "like" and "share" the videos on Facebook to help
spread the word about the value lawyers bring to their communities.
Robert S. Wells
Debra J. Gammons
Gifts listed were received through
January 1 through February 28, 2013.
REFLECTION.
Because the Main Street lawyer will always matter.
Bob Minto, CEO, Executive Chair, and Founder,
ALPS Corporation
Founded by lawyers for lawyers when you needed us most, ALPS is celebrating 25
years of bringing stability to the Lawyers’ Professional Liability Insurance market.
ALPS. We’re still proudly with you. Celebrate with us at 25.alpsnet.com
13
APRIL 2013
CLE AT-A-GLANCE:
APRIL
APRIL 2
Teleseminar: Overtime,
Exempt and Non-Exempt: 2013
Wage and Hour Update, Part 1
APRIL 3
Teleseminar: Overtime,
Exempt and Non-Exempt: 2013
Wage and Hour Update, Part 2
APRIL 4
Teleseminar: UCC Article 9
Practice Toolkit: From
Attachment to Remedies,
Part 1
APRIL 5
Teleseminar: UCC Article 9
Practice Toolkit: From
Attachment to Remedies,
Part 2
APRIL 9
Teleseminar: Structuring
Preferred Stock and Preferred
Returns in Business
Teleseminar: Estate Planning
in a Long-Term Low Interest
Rate Environment
APRIL 18
APRIL 26
Teleseminar: Religious
Accommodation in the
Workplace
Concealed Weapons Permit
and CLE Training Course
McNair Law Firm, Greenville
8 a.m.-12:30 p.m.
APRIL 19
The Family Law Symposium
Bar Conference Center
9 a.m.-4:45 p.m.
Learn how to quickly retrieve, utilize and introduce electronically
stored information in an efficient
manner.
Teleseminar: Ethics and Client
Confidences: An Advanced
Guide
APRIL 23
Teleseminar: Estate Planning
for Farmers and Ranchers
Teleseminar: Understanding
and Planning Title Insurance
in Commercial Real Estate
APRIL 10
APRIL 24
Live Webcast: Maxims,
Monarchy and Sir Thomas
More
Live Webcast: Clarence
Darrow: Crimes, Causes and
the Courtroom
APRIL 11
APRIL 25-29
Teleseminar: Planning and
Drafting for Single Member
LLCs, Part 1
APRIL 12
Teleseminar: Planning and
Drafting for Single Member
LLCs, Part 2
APRIL 13
Concealed Weapons Permit
and CLE Training Course
Richland County Sheriff’s
Dept. Range
8:30 a.m.-5:30 p.m.
A unique opportunity to earn 1.5
hours of CLE credit while also
obtaining your S.C. Concealed
Weapons Permit.
14
APRIL 16
Civil Court Mediation
Certification Training and
Advanced Negotiation
Workshop
Bar Conference Center
This fully interactive, hands-on
training session provides all the
tools you need to be an effective,
ethical certified mediator in circuit
court in S.C.
APRIL 25
Spring Sporting Clays
Live Oaks Sportman’s Club,
Swansea
11:30 a.m.-7 p.m.
Offers shooting and hunting
enthusiasts an opportunity to
enjoy a fabulous shooting experience at the beautiful Live Oaks
Sportsman’s Club and get an hour
of ethics credit.
A unique opportunity to earn 2.0
hours of CLE credit while also
obtaining your S.C. Concealed
Weapons Permit.
Teleseminar: New Medicare
Tax Impact on Business
Planning
APRIL 30
Teleseminar: Ethics Issues in
Representing Elderly Clients
= LIVE SEMINAR
= VIDEO REPLAY
= LIVE TELESEMINAR
= WEBCAST
CLE Publication Spotlight
iPad in One Hour for Lawyers, Second Edition
Fully revised and updated to reflect the newest
version of the iPad and the latest apps available, iPad
in One Hour for Lawyers, Second Edition, will help
attorneys get more out of their iPad. Ideal for
lawyers who want to get up to speed fast, this
acclaimed book presents the essentials so you don't
get bogged down in technical jargon and extraneous
features and apps.
In just six short lessons, you'll learn how to:
• Quickly navigate and use the latest version of the iPad
• Set up mail, calendar and contacts
• Create and use folders to multi-task and manage apps
• Add files to your iPad, and sync them
• View and manage pleadings, case law, contracts and other legal
documents
• Use your iPad to take notes and create documents
• Use legal-specific apps at trial or in doing research
REGISTRATION
INFORMATION
TO REGISTER FOR A LIVE
OR VIDEO REPLAY SEMINAR, visit www.scbar.org/cle
and click on “seminar calendar” or call the CLE Division at
(803) 771-0333, ext. 125 or
1-800-768-7787, ext. 125.
TO REGISTER FOR A
TELESEMINAR, visit
www.scbar.org/cle and click
on “Teleseminar Calendar.”**
TO REGISTER FOR A WEBCAST, visit www.scbar.org/cle
and click on “Distance
Learning.”**
** The CLE Division cannot accept
telephone, fax or mail-in registrations for these programs.
For more information about any
of these programs, visit
www.scbar.org/cle.
Also included: a listing of the top 10 apps for lawyers, security
advice, dozens of keyboard and browser tips and shortcuts, and
much more!
iPad Apps in One Hour for Lawyers
At last count, there were more than 80,000 apps
available for the iPad. Finding the best apps often can
be an overwhelming, confusing and frustrating
process. iPad Apps in One Hour for Lawyers provides
the "best of the best" apps that are essential for any
law practice. In just one hour, you will learn about the
apps most worthy of your time and attention. This book will
describe how to buy, install, and update iPad apps, and help you:
• Find apps to get organized and improve your productivity
• Create, manage and store documents on your iPad
• Choose the best apps for your law office, including litigation
and billing apps
• Find the best news, reading and reference apps
• Take your iPad on the road with apps for travelers
• Maximize your social networking power
• Have some fun with game and entertainment apps during your
relaxation time
To order, visit www.scbar.org/publications.
15
HEALTH AND WELLNESS
Are Food Portions Related to
Health Status?
Restaurant portion sizes have exploded in
recent decades. The Center for Disease Control
shows the growth of fast food portion sizes
since the 1950s. The average soda, it turns out,
has grown six fold! That may explain why adults
are on average 26 pounds heavier today than
they were in the 1950s.
According to a recent article in The Washington
Post, fewer Americans want fries with that!
New studies show that more and more
Americans are opting for lower calorie options at
fast food restaurants and passing on high calorie
drinks and side dishes. This trend could be good
news for restaurant owners, since new regulations under the health care law will require them
to post calorie content on menus (final regulations are still in the works). That could put a
greater emphasis on creating healthier choices.
One can speculate that the increase in portion
sizes has finally hit the wall, and Americans are
saying “no more”!
Has the “fast food” trend affected your
numbers? Do you know your numbers?
Palmetto Health Heart Hospital offers the following heart healthy goals:
• Eat a balanced healthy diet
• Don’t smoke and avoid secondhand smoke
• Schedule regular visits with your doctor
• Incorporate exercise into your lifestyle on a
daily basis
These goals will influence your numbers and
can reduce your risk for many diseases. If you
don’t know your numbers, contact your doctor
today or call your local hospital to find out if
they offer community or business screenings.
Many hospitals offer this service free of charge
as an outreach activity. You may be able to
schedule an event for your entire office or partner with another business close by.
Get Moving with National Walking Day—
April 3, 2013
These days, adults like you are spending more
time at work than ever before. An unfortunate
side effect is that, as a nation, we're becoming
more inactive. This is a problem when you consider the fact that physical inactivity doubles the
risk of heart disease! If we are physically inactive
and we are eating larger portion sizes of
unhealthy options, we are headed for disaster.
But take heart! It’s a problem you can help fix
by convincing your company to take part in the
American Heart Association’s National Walking
Day. On this day, employees are encouraged to
wear sneakers to work and take at least 30 minutes out of their day to get up and walk. It’s a
great way to raise awareness of the importance
of physical activity and to give your coworkers a
friendly push toward a healthier life.
Start by having your HR representative or
worksite wellness coordinator fill out this registration form to download the National
Walking Day Toolkit for your company. It
includes posters, flyers, a PowerPoint presentation and signs, which you can use to set up
walking paths around the office. Look for the
Wellness, continued on page 23.
16
17
LAWYERS HELPING LAWYERS
Lawyer Suicide
BY BETH PADGETT, LAWYERS HELPING LAWYERS
ASSISTANT DIRECTOR
Suicide is not a blot on
anyone’s name; it is a
tragedy. —Kay Redfield
Jamison, Night Falls Fast:
Understanding Suicide
LHL provides confidential
support and referrals for
lawyers suffering from alcohol,
substance abuse or depression.
For assistance, advice, referral
or kindness, freely given within
the confidence of professional
trust, the LHL’s resources are
only a phone call away. Call
(803) 576-3781 (office),
(803) 603-3807 (cell) or our
confidential, toll-free helpline at
(866) 545-9590.
18
THE DECEMBER LAWYERS HELPING LAWYERS COLUMN
DISCUSSED LAWYER SUICIDE. Since that article was submitted for publication, two more South Carolina attorneys
have died by suicide; one died on November 13 and
another died on January 26. We learned of the suicide of an
Ohio lawyer on February 4. A Georgia lawyer died of a selfinflicted gunshot wound on the parking deck of the Georgia
Bar on February 12. All four of these lawyers were men in
their 40s and 50s with wives and children and friends. This
is shocking and so very sad. Experts report that 50 to
75 percent of all people who die by suicide have
given some warning of their intentions. Many suicides can be prevented, and you can help prevent the
suicide of a lawyer you know.
Articles in previous publications have cited “The Lawyer’s
Epidemic: Depression, Suicide and Substance Abuse” by C.
Stuart Mauney. We are taking this opportunity to do it again.
• Lawyers die by suicide at an alarming rate, six times
that of the general population. A report in 2006 indicated suicide was the third leading cause of death
among attorneys.
• Although most depressed people are not suicidal, most suicidal people are depressed.
Substance abusers are 10 times more likely
to commit suicide. Alcohol is a factor in
about 30 percent of suicides.
• While some suicides occur without any outward warning, most do not. The emotional
crises that usually precede suicide are most
often recognizable and treatable. Colleagues,
family members and friends play important
roles in recognition of depressive symptoms
and helping those in need get treatment.
Signs of Suicide
• Severe depression or an emotional crisis
Unrelenting low mood
Pessimism
Hopelessness
Sense of helplessness
Desperation
Anxiety
Sleep problems
• Increased alcohol and/or drug use
• Recent impulsiveness; taking unnecessary
risks
• Talking about suicide or expressing a strong
wish to die
• Making a plan (giving prized possessions
away, sudden purchase of firearm or obtaining other means of suicide)
• Unexpected anger or rage
• Seek professional help. Actively encourage
the person to get help. They might not
believe they can be helped, so your role is
very important. Offer to go with them.
In an Acute Crisis
• Do not leave them alone.
• Take your friend to the emergency room or a
psychiatric hospital.
• Remove any weapons, medications, sharp
objects, ropes or belts from the environment.
• Once the crisis is over, do your part to see
that they follow through with treatment.
Create a network of concern around the person and stay connected to your friend and to
each other.
As always, if you need help for yourself or for
another lawyer, call Robert Turnbull at (803) 6033807, Beth Padgett at (803) 240-6526 or the confidential toll-free help line at (866) 545-9590. In a
crisis regarding suicide, you can call the National
Suicide Prevention Lifeline at (800) 273-8255.
Have you ever wondered where to
What to Do When You Fear a Friend is
Considering Suicide
• Take it seriously. Trust your instincts.
• If someone is exhibiting signs of suicide, ask
if they are considering suicide. Ask if they
have a plan.
• Be willing to listen without judgment. Your
friend is more apt to follow through with professional help if someone who cares has listened to them.
• Do not try to argue anyone out of suicide.
Avoid the temptation to say things like “you
have so much to live for” or “your suicide will
hurt your family.”
look for answers to ethics questions,
advice on new software products,
CLE offerings, counseling services or
health insurance products for
lawyers and their staff? Well, we do
that, and a whole lot more! Look for
the We Do That! logo (above) in Bar
communications to learn more about
the benefits available to you.
19
RISK MANAGEMENT
Should a Lawyer Be Concerned
About Professional Liability
After Agreeing to Do
Pro Bono Work?
BY MARK BASSINGTHWAIGHTE,
RISK MANAGER, ALPS, INC.
[email protected]
BY WAY OF ASKING THIS QUESTION, I AM
HOPING TO SPEAK TO THOSE OF US WHO
ARE HESITANT to ever say yes when asked to do
legal work pro bono, as this hesitancy is often
premised upon a belief that the answer to the
question is yes. In truth, and as with so many
questions in life, the answer to this one is “it
depends.” First, don’t buy into the view that doing
pro bono work is somehow different than working
for paying clients. It really isn’t, and yes, pro bono
clients are real clients. I share this to underscore
that the risks that come with doing pro bono work
are the same as those risks that come with any
other legal work that you might agree to do. The
answer of “it depends” now makes a little sense
because it depends upon how you handle the
work you’ve agreed to do. With this in mind,
remember the following whenever you agree to
take on a pro bono matter.
Some will encourage lawyers to embrace pro
bono work as a way to expand one’s horizons, a
way to learn a new practice area. I have no problem learning a new practice area, just be responsible with this. A lawyer should never dabble in an
unfamiliar practice area with paying clients, so one
should never dabble in the pro bono arena either.
When navigating in unfamiliar waters, seek guidance. You must get educated. Steps such as seeking advice and direction from peers or researching
the law become mandatory. Sometimes, the potential client will even be best served by saying no.
Remember the old saying, “First, do no harm.” If
you are not up to the task, take a pass and look to
provide assistance to someone who needs help in
20
MALPRACTICE INSURANCE THROUGH THE BAR
S.C. Bar Pro Bono Program volunteers who take
case referrals, serve as LAMP volunteers, participate
in Ask-A-Lawyer and lead free legal clinics are automatically covered on every pro bono case accepted!
Lawyers who do pro bono legal work on their own,
or who are appointed pursuant to Rule 608, are also
covered by malpractice insurance through the Pro
Bono Program.
To initiate this coverage, complete the Pro Bono
Intake form at www.scbar.org/MemberResources/
ProBonoProgram.aspx and fax it to Rose Dean at
(803) 799-5290. You must submit the form before
commencing work on the case.
the areas in which you are more comfortable practicing.
It can also be tempting to take shortcuts with
nonpaying clients simply due to the fact that they
are nonpaying clients. Resist this temptation.
Scope of representation, the decision making
process, the advice shared—all these items and
more still need to be documented. There is no
viable defense to a malpractice claim or disciplinary complaint that is premised upon a lower
standard of care because there really was no paying client. The money issue simply isn’t a factor
when it comes to liability.
All your regular office practices and procedures
should be in play. This means that a potential
client should be screened and a conflicts check
should occur. We all know that sometimes a paying client can turn out to be problem client. The
same is going to be true with certain nonpaying
clients. Remember, there is no rule that says you
must take on every hard luck case that comes
your way. Learn to screen and say no where called
for.
Finally, there are those of us who avoid taking
on any pro bono matters out of a fear that our
malpractice insurance will not cover this work.
While a legitimate concern, this fear can be
addressed and eliminated. All it takes is a call.
Initially, is coverage in play? Again, it depends.
Lawyers are covered for the work they do on
Risk Management, continued on next page.
LENDING LIBRARY BOOK SPOTLIGHT
The 2013 Solo and Small Firm
Legal Technology Guide
By Sharon D. Nelson, John W. Simek
and Michael C. Maschke (2013)
This annual guide has been
updated to include the most current
information on computers, servers, legal software,
security products and any other tech that solo and
small firm lawyers might need. The authors aim to
help solo and small firm lawyers find the best technology for their dollar. The book also contains info
on going paperless, pros and cons of cloud computing, and data security. Written in a clear, easy to follow format, this is a must read for lawyers thinking
about making a software or hardware purchase for
their office.
Legal Malpractice: The Law Office
Guide to Purchasing Legal
Malpractice Insurance
By Ronald E. Mallen (2013)
This book will guide you in evaluating your firm's malpractice insurance needs so that you make
informed decisions on the coverages available.
Separate chapters walk you through the process of
how to locate insurance carriers, how to fill out
the applications, how to evaluate competitive bids
and acquire the right coverage on favorable terms,
and how to maintain and use your insurance. This
guide will also help identify the most important
considerations in selecting among policies, even
providing a Checklist for Buying Legal Malpractice
Insurance, which highlights the principal concerns.
It even includes a handy chart so that you can
compare the contract language of standard policy
forms offered by the various primary professional
liability carriers across the country.
The Lending Library contains books on law practice management, which are available for circulation
to Bar members. To see a listing of available books and instructions for requesting a book, go to
www.scbar.org/lendinglibrary.
Risk Management, continued.
behalf of clients of the named insured, which is
the firm. If the pro bono client is a client of the
firm, and so documented, there shouldn’t be an
issue. Potential problems can arise, however, if an
attorney provides pro bono services under the
auspices of another entity such as a legal clinic.
Some policies will exclude coverage because this
client is not a client of the named insured (the
firm), and other policies will extend coverage. If
facing this type of situation, simply ask a few
questions. Many of these other entities will actually have a policy in place that covers the volunteer attorneys for the work they do on behalf of
that entity’s clients. For those entities that don’t,
call your carrier and clarify whether your coverage
will extend to your specific situation and then
make an informed decision. The solution may be
as simple as providing the work through your firm
as opposed to under the auspices of an outside
entity or program. In other words, make the pro
bono client a firm client instead of an entity client.
My intention with this article is not to present a
pro or con position on the high calling of doing
pro bono work. I simply wish to shed a little light
on the excuses that sometimes get in the way of
allowing us to give back professionally. Nothing in
life is risk free, but risk is something that can be
managed. So the next time you’re asked to help
out on a pro bono matter, perhaps what I have
shared here will help you learn to say, “Sure, I’d be
happy to.” After all, you are a lawyer being asked
to do what you are always being asked to do,
practice law. Hopefully now you will feel free to
have at it.
21
ETHICS ADVISORY OPINIONS
EAO 13-02
Facts: Inquirer was appointed pursuant to Rule 608
to represent an indigent person in a criminal matter.
Inquirer chose an outside investigator to assist with the
matter. The investigator was to be paid by the S.C.
Commission on Indigent Defense (CID), subject to CID
rules and guidelines. Inquirer instructed the investigator
not to do any work until she was pre-approved for
reimbursement by CID.
The investigator started the work without preapproval. CID refused to pay for the work done in
advance of approval. The investigator then demanded
payment from Inquirer for the portion of her bill not
paid by CID, citing In Re Jackson, 365 S.C. 176, 617
S.E.2d 123 (2005), in her demand letter.
Question: Does Inquirer have an ethical obligation to
pay the investigator amounts not paid by CID?
Summary: No. In Re Jackson addressed counsel’s failure to fulfill a contractual commitment to a court
reporter. Where there is no such legal obligation, the
Rules of Professional Conduct do not impose any ethical requirement that counsel supplement CID payments.
WA R N I N G
NOT ATTENDING S.C. BAR CLE PROGRAMS WILL CAUSE:
• Lack of vital S.C. legal knowledge
• Your hard-earned dollars leaving South Carolina
• Less opportunity to build a network of your peers
• A false sense of security
The S.C. Bar creates programming specifically for you!
Choose the best and forget the rest! www.scbar.org/cle
"The SC Bar's CLEs are well run, professional and provide great value. Unlike many bar
programs in other states, our state bar's programs keep the family law bar abreast of
cutting edge topics and updates about the law. Thanks SC Bar CLE Division! Your team
is the best!"
!
22
!
2013-14 section council slates
proposed
Environmental and Natural Resources Section
Robert C. “Cody” Lenhardt Jr., Chair; Randolph R.
“Randy” Lowell, Chair-Elect/CLE Coordinator; Sara P.
Bazemore, Secretary; Kelly Lowry, Immediate Past
Chair/Section Delegate. Council Members: Joan W.
Hartley (exp. 2014), Childs C. Thrasher (exp. 2014),
Roger P. Hall (exp. 2015), James B. “Blan” Holman IV
(exp. 2015), Amy E. Armstrong (exp. 2016), Jackie S.
Dickman (exp. 2016)
Tax Law Section
W. Jack Turner-Vaught, Chair; Thomas G. Sinclair,
Chair-Elect; Gary L. Capps, Vice Chair; E. Marie
Monroe, Secretary; Shawn Flanagan, Section Delegate;
Robert E. August, Immediate Past Chair. Council
Members: April B. Dendy (exp. 2014), F. Patricia
Scarborough (exp. 2014), Jeffrey T. Allen (exp. 2015),
W. Verne McGough Jr. (exp. 2015), Raymond W.
Burroughs (exp. 2016), G.P. Diminich (exp. 2016)
Wellness, continued from page 16.
link to the kit in your confirmation e-mail.
Finally, it’s one thing to say “I’m going to
walk on Wednesday,” but can you say you
are physically active on a regular basis?
Tracking your activity and nutrition habits
helps you maintain a level of accountability to yourself. The AHA has a website,
Start Walking Now, which allows you to
register online and monitor your progress.
It can also help you find walking paths in
your area or create one. Visit the site today
to enhance your wellbeing.
Contributed by Southeastern Insurance
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23
JUDICIAL ADVISORY OPINIONS
ADVISORY OPINION 01-2013
FACTS: A full-time magistrate is a retired law
enforcement officer and graduate of the FBI
National Academy. The magistrate has expressed
interest in joining, as an active member, the FBI
National Academy Associates, Inc. (“the
Organization”). The executive board and general
membership of the Organization are comprised
entirely of active and retired law enforcement
officers who are also graduates of the FBI
Academy. The South Carolina chapter of the
Organization rotates monthly dinner meetings
hosted by law enforcement agencies, including
federal, state and local agencies. While the
Organization is a non-governmental agency, and
not affiliated with the FBI, it does provide training and networking to members. The magistrate
does not intend to take part in the training
aspect, but would be focused on the social
aspect only. The magistrate inquires into the propriety of joining this Organization.
CONCLUSION: A full-time magistrate should
not become a member of the FBI National
Academy Associates, Inc.
FACTS: A part-time magistrate judge is also a
practicing attorney. The judge has avoided representing any criminal defendants since the judge’s
ascension to the bench. However, the judge now
inquires as to whether the judge may represent a
criminal defendant in General Sessions Court in a
county that is not the same as the county in
which the judge serves.
CONCLUSION: A part-time magistrate judge
may represent a criminal defendant in General
Sessions Court in a different jurisdiction.
FACTS: A probate court judge has been asked
to serve on a local school advisory board.
Members of the local advisory board are nominated by school board members and appointed
24
by the full board. The local advisory board meets
four times a year. Local advisory board members
serve as communication liaisons between the
school and the community, work to involve businesses and community members in the school,
and serve on interview teams for new principals.
Board members are also to inform the school or
district administration on pertinent personnel
matters, provide the names of advisory board
members from each high school to serve on a
district appeal board to hear appeals of decisions
made by the district’s hearing officers and make
recommendations concerning district policies.
However, serving on the interview team for new
principals or service on the district appeals
board is not mandatory, and the probate judge
could serve on the local advisory board without
performing those duties. The main duty of the
probate judge would be to hear concerns or
issues raised with the local elementary school
and convey those concerns to the other members of the local advisory board serving in the
judge’s area (middle school, high school and one
additional elementary school). The judge inquires
as to whether such service is permissible.
CONCLUSION: A judge may not serve as a
member of a local school advisory board as
described above.
FACTS: An employee of court administration,
which is a division of the S.C. Judicial
Department, is interested in serving as a parttime municipal judge. The candidate has
inquired as to whether the candidate can continue employment with court administration if
the candidate is appointed as a part-time municipal judge.
CONCLUSION: A part-time municipal judge
may continue employment with court administration, a division of the S.C. Judicial Department.
Senior Lawyers Visit Cuba
BY NANCY S. LAYMAN
ON JANUARY 7, 29 SENIOR LAWYERS AND
THEIR GUESTS STEPPED ONTO AN
AMERICAN AIRLINES 737 in Miami Airport, not
certain what we would find on an island that is
only 228 miles from Miami, but politically and
socially estranged from the U.S. What we discovered in Cuba was surprising, enlightening and
just plain fun.
Recent government policies have loosened
travel restrictions to Cuba for those entering or
exiting the country. Our group went under the
“People-to-People” program, a loosely defined
category that is similar to programs allowed for
other educational or religious groups. We stayed
Photos from top:
A view from the City of Havana looking northeast.
A group shot of senior lawyer travelers and their guests.
Senior Lawyers, continued on page 26.
OLD AGE
“
is
NO PLACE for SISSIES.
”
C RE AT IV E PLA NNI NG TO HEL P YO UR CL IE NTS T M
Bette Davis probably said it best! But we help senior citizens and their families plan for long-term care
and other complicated health and financial issues that often accompany aging and disability.
We can assist your clients in all aspects of long term care planning, health care planning, asset preservation planning, and complex family
disputes, including medicaid eligibility, planning for incapacity, disabilities and special needs, veterans benefits eligibility, guardianship, probate
and estate administration, fiduciary litigation, will contests, elder abuse and financial exploitation of vulnerable adults; health care planning at
divorce and in premarital agreements; special needs trusts and public benefits qualification for accident victims; litigation relating to disputes
among closely held business owners; and probate, marital and civil litigation dealing with family members.
Warner, Payne & Black, L.L.P. • ElderLaw Services of South Carolina, P.A.
Columbia Office
1531 Blanding St.
Columbia, SC 29201
P.O. Box 2628 (29202)
(803) 799-0554 • Fax (803) 799-2517
A Statewide Practice of Elder Law
www.elderlaw-sc.com
Jan L. Warner (1942-2009)
Mitchell C. Payne, J.D., M.A.* (Accounting)
Charles M. Black Jr., J.D.*
Carrie A. Warner, J.D.
Max N. Pickelsimer, J.D.
*Members of National Academy of Elder Law Attorneys
Rock Hill Office
131 Caldwell Street
Rock Hill, SC 29730
P.O. Box 10352 (29730)
(803) 329-8656 • Fax (803) 325-2973
25
Senior Lawyers, continued from page 25.
five nights in a five-star hotel in Havana, and
most of us spent two additional nights in Miami,
one night before and one after our return.
Friendly Planet Travel worked with our group to
accommodate our special interest in the law and
government of Cuba. They also secured visas for
us, made hotel and restaurant reservations and
planned our daily schedule. Everything except
one meal was pre-paid. Friendly Planet sent one
of its guides, Tracy, with us; we also had a
Cuban guide, Norberto, who was invaluable. By
the end of the short trip, friendships had been
forged among the travelers as well as with our
guides.
The discomforts of our trip were minor: In
Cuba you can’t drink the water or use American
currency or bank cards; food, while plentiful, is
not exceptional; it’s difficult to wander off into
parts of town that may interest you; you pay for
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toilet paper each time you enter a restroom and
don’t expect those toilets to have seats; and
although the rum and cigars may be wonderful,
you can’t bring any back into the States.
However, in addition to souvenirs such as hats
and t-shirts, you can bring back any amount of
artwork, such as paintings and photographs, as
well as CDs, films and books.
The pleasures and benefits of our trip were
numerous. The first evening a professor from a
nearby university discussed the history of U.S.Cuban relations in the 20th and 21st centuries,
and the audience was encouraged to ask questions, which he candidly answered. We strolled
the streets of Old Havana and visited the Plaza
de la Revolucion, the Museum of the Revolution,
the Museo de la Ciudad and the Cemetery of
Christopher Columbus. We enjoyed Cuban street
music and danced the Rumba, learned about
rum, sipped it and watched cigars being rolled.
We visited Las Terrazas, an ecological community, and artists’ workshops there. On the way
back to Havana we stopped at “Fusterlandia,” the
home and private studio of Cuban artist Jose
Fuster. We met with representatives of the Jurist
Union of Cuba at the Collective Lawyers Office in
Vedado, who explained the lawyer’s role in Cuba.
We met with a second group of law professors to
hear about new economic, social and cultural
politics in Cuba. In both cases we were able to
ask numerous questions. Finally, we visited the
Modern Arts Museum in Havana and were
treated to a performance of the “Nutcracker” by
the National Ballet of Cuba.
Our visit ended much too soon. We’d seen only
a fraction of the hundreds of 50s Fords, Chevies
and Buicks—all freshly painted and held together
by man-made parts. We wanted to see more of
Hemingway’s Finca Vigia and the thousands of
books he collected, have another Mohito and
dance one more Rumba. All agreed—it had been
an extraordinary experience.
Firm Announcements, continued from page 8.
Christian L. Rogers, Robert B. Lewis,
Phillip Wesley Jackson II, Jenkins M. Mann
and Michael H. Quinn Jr. announce the formation of Rogers Lewis Jackson Mann & Quinn,
LLC located at 1330 Lady St., Ste. 400, Columbia
29201, (803) 256-1268. Stephen D. Porter has
been named of counsel to the firm, and
Christopher L. Boguski has joined the firm as
an associate.
Rogers, Townsend & Thomas, PC
announces that Lisa M. Hostetler has been
elected a shareholder in the firm located at 220
Executive Center Dr., Columbia 29210. (803)
771-7900. John F. McLeod IV and Andrew
Powell have joined the Columbia office Dane J.
Sowinski has joined the Charleston office and
located at 775 St. Andrews Blvd., 29407. (843)
556-5656.
Sauls Law Firm, PC announces its relocation to 4378 Oleander Dr., Unit 1, Myrtle Beach
29577. The mailing address and phone number
remain P.O. Box 2598, Myrtle Beach 29578, (843)
839-5030.
Segui Law Firm, PC announces that Hunter
Higgison has joined the firm located at 864
Lowcountry Blvd., Ste. A, Mt. Pleasant 29464.
(843) 884-1865.
Senn Legal, LLC announces that Robin
Lilley Jackson has been named a partner in the
firm located at 3 Wesley Dr., Charleston 29407.
(843) 556-4045.
Smith & Downey, PA announces the opening of its Charleston office located at 211
Hanahan Plantation Circle, 29410, (843) 5534716, and that Susan Stafford Risinger been
named a partner.
Max Sparwasser announces the opening of
Max Sparwasser Law Firm, LLC located at 875
Lowcountry Blvd., Ste. 210, Mt. Pleasant 29464.
(843) 864-6444.
Nancy Jo Thomason and Christopher
Pracht announce the formation of Thomason &
Pracht, LLP located at 303 E. Greenville St.,
Anderson 29621. (864) 226-7222.
Tupper, Grimsley and Dean, PA announces
that Stacey Patterson Canaday and Katherine
Graham Ferguson have been named partners
in the firm located at 611 Bay St., Beaufort
29901. (843) 524-1116.
Turner Padget Graham and Laney, PA
announces that Brad B. Easterling has been
elected a shareholder in the Greenville office
located at 200 E. Broad St., Ste. 250, 29601,
(864) 552-4600; Mark B. Goddard has been
elected a shareholder in the Myrtle Beach office
located at 2411 N. Oak St., Ste. 301, 29577,
(843) 213-5500; and J. Jakob Kennedy has
been elected a shareholder in the Florence office
located at 319 S. Irby St., 29501, (843) 6629008.
Wall Templeton & Haldrup, PA announces
that William “Trey” W. Watkins Jr. has been
elected shareholder in the Charleston office
located at 145 King St., Ste. 300, 29401. (843)
329-9500.
Jonathan Waller announces the opening of
The Law Office of Jonathan Waller located at
1720 Main St., Ste. 104, Columbia 29201. (803)
256-0011.
Willson Jones Carter & Baxley, PA
announces that Benjamin M. Renfrow and L.
Brenn Watson have become shareholders in the
Greenville office located at 872 S. Pleasantburg
Dr., 29607. (864) 527-3280. Timothy B. Killen
has joined the Columbia office located at 4500
Ft. Jackson Blvd., 29209. (803) 782-2520.
Adam D. Young announces the opening of
Adam Young Law Firm located at 255 King St.,
Ste. 2, Charleston 29401. (843) 724-1563.
Young Clement Rivers, LLP announces that
Leslie M. Whitten has become a partner in the
firm and J. Steven Rodenberg has joined the
firm as special counsel located at 25 Calhoun St.,
Ste. 400, Charleston 29401. (843) 577-4000.
DON’T BE THE LAST TO KNOW
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27
Young Lawyers Show Support
for Special Olympics
Members of the Young Lawyers Division volunteered at the Special Olympics Mid-Winter Games
on March 2 in Charleston. Volunteers organized,
assisted and cheered teams of Special Olympics
athletes with the basketball skills event.
Will Johnson, Chair of the YLD Special Olympics
Committee and YLD President-Elect, said, "Next
year will mark the fourth year of the relationship
between the South Carolina Bar Young Lawyers
Division and Special Olympics South Carolina.
Special Olympics athletes continue to amaze and
inspire young lawyers across the state, and our
volunteers are always eager to come back."
Young lawyer John Decker is photographed at
left with some of the Special Olympics athletes.
National Legal Research Group
28
Honor Roll
Pro Bono
S. Frank Adams
Benjamin W. Akery
James C. Alexander
William D. All II
E. Ashley Anderson
Joseph Patrick Anderson
Thomas E. Andrews III
Jason J. Andrighetti
Evelyn M. Angeletti
Kenneth C. Anthony Jr.
Charles L. Appleby IV
R. Miles Ariail Jr.
W. Andrew Arnold
Gregory B. Askins
Elizabeth M. Atkins
Philip B. Atkinson
Christopher A. Austin
Ellen H. Babb
Everette H. Babb
Jan M. Baker
Maggi Fields Bailey
Nancy H. Bailey
Dare Perry Bailey
Marsha M. Banks
Ella S. Barbery
Michael W. Barcroft
A. Walker Barnes
Kimberly V. Barr
William J. Barr
A. Elliott Barrow Jr.
M.L. Bartlett Jr.
Barbara G. Barton
Tyler A. Bathrick
Brett H. Bayne
Sara P. Bazemore
Stacey Jean Bazzle
Alexis S. Bell
Christina T. Bell
Jamie L. Bell
Joshua A. Bennett
Shaheena R. Bennett
Charles S. Bernstein
Joseph P. Bias
Christopher Biering
J. Scott Bischoff
Christina A. Bisset
Judy A. Blackwell
L. Showell Blades IV
Chauntel Demetrius Bland
Erwin Lindsay Blanks
Jeffrey M. Bogdan
Cameron Grant Boggs
Nikole H. Boland
Richard Bolen
Bradley L. Boni
Nashiba D. Boyd
Reese R. Boyd III
Charles J. Boykin
Bryan W. Braddock
James W. Bradford Jr.
Koger M. Bradford
Patti A. Brady
George W. Branstiter
Cely Anne Baker Brigman
Christine E. Brimm
John P. Britton
Cynthia Buck Brown
Jacqueline M. Brown
Michael D. Brown
Wendell O. Brown
Benjamin Bruner
Barbara Ellen Brunson
William A. Bryan
Steven E. Buckingham
Amy E. Burke
Shannon K. Burnett
Joseph O. Burroughs Jr.
Janet T. Butcher
Sharon K. Butler
William A.W. Buxton
Mitchell K. Byrd Sr.
Bruce A. Byrholdt
Blakely Copeland Cahoon
Leon L. Campbell
Mary T. Campbell
Corinne B. Cannon
Tamika D. Cannon
John R. Cantrell Jr.
Bryan D. Caskey
Sarah T. Cassidy
William T. Causby
George B. Cauthen
Andrew W. Chandler
Everett K. Chandler
Mathias G. Chaplin
Stephen R. Chapman
Randall A. Charpia
James E. Chellis
Robert Clyde Childs III
Suzanne Campbell Chisholm
William C. Clark
R. Gash Clayton Jr.
Sarah L. Clingman
James K. Cluverius Jr.
Eben H. Cockley
Joseph K. Coffey
Donald C. Coggins Jr.
Andrew N. Cole
Darra J. Coleman
Michael H. Conrady
Elizabeth L. Cook
Robert H. Cooper
Patricia E. Corey
James W. Corley
Philip J. Corson
Nancy G. Cote
Christi P. Cox
Jenna Y. Crum
Tina M. Cundari
Bradford T. Cunningham
Ruth W. Cupp
C. Jennalyn Dalrymple
Frank J. Dana III
Jeremy A. Dantin
Deborah Barrett Dantzler
Byron P. David
D. Nathan Davis
Darquetta N. Davis
Jason P. Davis
Kenneth A. Davis
Rosalee H. Davis
Margaret S. Day
Travis Dayhuff
John K. DeLoache
Russell A. DeMott
Lir Patrick Derieg
Jean Perrin Derrick
Monty D. Desai
Beth DesJardins
T. Alston DeVenny
Diane P. DeWitt
David C. Dick Jr.
William I. Diggs
J. Matthew Dillon
Delores A. Ditty
S. Bryan Doby
Albert J. Dooley III
James D. Dotson
Jane Harris Downey
Johnny F. Driggers
Robert Michael Drose
Abigail S. Duffy
Christopher R. DuRant
Walter G. Dusky
Suzanne E. Earle
Sarah T. Eibling
Benjamin Reynolds Elliott
Thomas E. Elliott Jr.
Steven D. Epps
29
Honor Roll
Pro Bono
William N. Epps Jr.
Joseph Scott Falls
Brittney J. Farish
Felipe Jose Farley
Daniel K. Felker
Judith C. Fisher
Cory H. Fleming
Bradley A. Floyd
Rachel M. Flynn
Robert D. Fogel
Reginald L. Foster
Gary M. Frazier
Palmer Freeman Jr.
Gary T. Frost
Russell W. Fry
David C. Gaffney
Thomas Maurice Gagne
Gregory Michael Galvin
Hon. Heather J. Galvin
Lynn W. Garrick
Marilyn E. Gartley
W.T. Geddings Jr.
Christopher J. Geier
Lawrence Foster Girard
Dennis M. Gmerek
Jaclynn Bowers Goings
Kristy G. Goldberg
Kathryn Gooch
Andrew G. Goodson
Catherine Robinson Graham
Megan K. Gresham
Maurice A. Griffith
James A. Grimsley III
Suzanne E. Groff
Carole H. Gunter
Mary Guynn
J. Jay Haar
Susan Barber Hackett
Janet Broome Haigler
Ronald J. Hall
Russell W. Hall III
Cary H. Hall Jr.
Kevin L. Hanvy
Donald W. Harper
Emily D. Harrill
Angela D. Harrison
Andrew R. Hart
Lillie C. Hart
John C. Hayes III
Robert D. Hazel
Robert A. Hedesh
Walter L. Heinsohn
Carson M. Henderson
30
La'Keabian Shaw Henderson
Matthew A. Henderson
Matthew Holmes Henrikson
Stephen John Henry
Lawrence M. Hershon
Willie Heyward
Randall S. Hiller
Thomas E. Hite III
Donald B. Hocker
Helen “Sam” Hodges
Kathleen J. Hodges
Jonathan M. Holder
Gretchen D. Holland
Thomas W. Holland Sr.
Jennifer J. Hollingsworth
David W. Holmes
Bruce Bottcher I. Hoover
Lisa M. Hostetler
Laura J. Houck
Danielle B. Housey
John W. Howard III
Jennifer Howe
Daniel E. Hunt
Megan C. Hunt
Ronald Edward Hutto
Gregory L. Hyland
Melissa A. Inzerillo
Donna June Jackson
Ernest J. Jarrett
Otis Allen Jeffcoat Jr.
Carlos Johnson
Nancy E. Johnson
Paige Weeks Johnson
Alan Grant Jones
Olivia S. Jones
Kristie H. Jordan
Roddy M. Jordan
Stacey Kaufman
William C. Keels
Jennifer R. Kellahan
Russell Britton Kelly
Julia Childress Khaled
Robert L. Kilgo Jr.
Jessica E. Kinard
Robert Bethune King Jr.
Angie D. Knight
Lucy M. Knowles
Angie L. Kohel
Douglas Kosta Kotti
Michele R. Krize
Rebecca Laffitte
Daniel S. Landers
Jack A. Landis
Adam Brooks Landy
Eddye Lane
Amy S. Lawrence
D. Allen Lazenby
Gary C. Lemel
Ira David Levy
Alexis Kaylor Lindsay
Mindy H. Lipinski
Susan B. Lipscomb
Christine Dunagin Loftis
Joshua O.C. Lonon
Justin M. Lovely
Karen L. Luchka
Jason S. Luck
Kathleen G. Lyall
Joseph S. Lyles
Cooper C. Lynn
Sydney J. Lynn
Brian M. Lysell
Alexandre Nicolas MacClenahan
Andrew Ross MacKenzie
Paul C. MacPhail
Casper Fredric Marcinak III
Andrew C. Marine
Sean P. Markham
Jeffrey M. Martin
Davida Mathis
Ronald A. Maxwell Sr.
C. Gordon McBride
Clarke W. McCants III
M. Kevin McCarrell
G. William McCarthy Jr.
John J. McCauley
Daniel R. McCoy
Jonathan McCoy
E.W. McCrackin
Brian McDaniel
Kathleen M. McDaniel
J. Edwin McDonnell
Brian P. McElreath
Helen T. McFadden
Eugene B. McLeod
Ryan Alexander McLeod
Walton J. McLeod IV
Meredith A. McMillan
Maurice McNab
Deena S. McRackan
Paul A. Meding
Marcus W. Meetze
Jeremy D. Melville
Michael David Merolla
M. Rita Metts
David W. Miller
Honor Roll
Pro Bono
Ernie L. Mixon
Vonda K. Mociun
Leah B. Moody
Andrea A. Moore
Christopher J. Moore
Lesley R. Moore
Jeffrey Raymond Moorehead
Johnny Morant
Louis R. Morant
Kelly K. Morrow
Jason T. Moss
John R. Murphy
Samantha P. Murphy
Thomas P. Murphy
Timothy W. Murphy
Yvonne R. Murray-Boyles
Ashley Myers
Tara E. Nauful
Thomas M. Neal III
Irish Ryan Neville
Dewey D. Nguyen
John S. Nichols
Melanie C. Nicholson
Mandy Powers Norrell
Mitchell A. Norrell
Jeanne T. Norris
Ronald R. Norton
Stephanie A. Nye
Nancy L. Olah
William M. O'Neil
Janne Berry Osborne
Johanna B. Owens
James Graham Padgett III
Kathleen Palinski
Robert L. Papa
Sandra Dooley Parker
James B. Paslay
Bhumi A. Patel
William Harrison Penn
Kristina G. Pierce
Amy Falkingham Pille'
Rodney F. Pillsbury
David K. Pinckney
Monet S. Pincus
Courtney Clyburn Pope
Brandon K. Poston
Barbara W. Pratt
William O. Pressley Jr.
Tommy D. Preston Jr.
Claude T. Prevost III
Jason M. Price
V. Clark Price
James H. Price III
Edna Smith Primus
Alvin P. Protheroe
William L. Pyatt
Mary Fran Quindlen
Thomas J. Quinn
R. O'Neil Rabon Jr.
Tracy Gilbert Racine
Andrew S. Radeker
T. Dyllan Rankin
John M. Read IV
Dorothy F. Reed
Eric S. Reed
Kimberly N. Renaud
Daniel J. Reynolds Jr.
Tiffany N. Richardson
John Patrick Riordan
Rita J. Roache
Jennifer E. Roberts
James M. Robinson
Pamela D. Robinson
Sheila M. Robinson
Abigail R. Rogers
Lex A. Rogerson Jr.
Joseph William Rohe
Jennifer W. Rubin
Eric William Ruschky
Laurie C. Sanders Jr.
James C. Sarratt
Paula A. Sartor
Bryn C. Sarvis
Lauren Jackson Schumann
Christopher J. Scott
Christy L. Scott
James W. Seeley
David C. Sereque
Barbara M. Seymour
David Christopher Shea
Bonnie D. Shealy
Thomas M. Shelley III
Andrew T. Shepherd
Derek A. Shoemake
Mary Amanda H. Shuler
Ryan Harris Sigal
A. Taylor Silver
David E. Simpson
Johnny Simpson
Gary H. Smith III
R. Chadwick Smith
Sarah D. Smith
Taylor H. Stair
Richard Steadman
Amy M. Stirling
David F. Stoddard
Thomas P. Stoney II
David F. Sullivan
Seth R. Swan
Spencer Andrew Syrett
Joseph E. Thoensen
John C. Thomas
Kimberly Truluck Thomason
Alicia E. Thompson
Stacy E. Thompson
Sabrina C. Todd
Stephanie K. Toronto
K. Scott Toussaint
Brian T. Treacy
William H. Tucker
Matthew P. Turner
Charles E. Usry
Bert G. Utsey III
Larry L. Vanderbilt
Tana G. Vanderbilt
Thomas E. Vanderbloemen
Nancy J. Vavra
Richard W. Vieth
Flo Lester Vinson
Holly H. Wall
Harriet Pollitt Wallace
Aaron G. Walsh
Regina B. Ward
James J. Wegmann
Robin F. Wheeler
William W. Wheeler III
R. Timothy Whisler
Susan S. White
Emily Whitney
Robert K. Whitney
Sidney Alfred Wike Jr.
F. Craig Wilkerson Jr.
Dana E. Wilkinson
Brana J. Williams
Ericka M. Williams
Graves H. Wilson Jr.
M. Cheryl Wine
Mark Wise
Stephen C. Wofford
Tom Griffin Woodruff Jr.
Amos A. Workman
Brett D. Woron
Philip E. Wright
Kimberly Wunder
Thomas Roy Young Jr.
William T. Young III
W.L. Youngblood
31
The NEW Casemaker ...
Changing legal research
in South Carolina
“I use Casemaker
for my online
legal research
needs. As a solo
attorney, it’s
great to have this
service provided
as part of my
Bar dues.”
Henrietta Gill,
Leesville
The new Casemaker has been
completely updated to provide stateof-the-art Google-like search capabilities resulting in faster search results
and personalized search history. Features include:
• a universal search bar with intuitive
filters;
• an abundance of organizational fea-
32
tures, including custom folders, notetaking capabilities and search history; and
• consolidation, which stores your work
in one convenient location and tracks
time spent researching each client.
Casemaker is provided free by
the South Carolina Bar and can be accessed at www.scbar.org/casemaker.
LAWYERS’ FUND FOR CLIENT PROTECTION
Lawyers’ Fund for Client Protection reimburses clients for
money or property misappropriated by Bar members
Number of claims pending as of July 1, 2011
9
Number of claims filed for the year
136
Number of claims resolved
76
Number of claims pending as of June 30, 2012
69
Amount of losses alleged
$8,640,850.96
Amount of claims paid
$125,414.41
Number of lawyers on which claims were paid
16
Number of lawyers represented on matters pending as of 6/30/2012
14
Number of trustees paid
11
Amount paid to trustees
$16,291.99
Assessments collected
$227,995
Reimbursements from lawyers
$28,435.60
Fund’s balance as of 6/30/12
Name of Attorney
J. Michael Brown
$1,449,559.58
Amount Awarded
$1,000
Number of Claims on
Which Fund Made Awards
1
Teresa Bulford
$15,986.41
4
Adrian Cooper
$800
1
$2,559
1
$250
1
$4,500
1
Marva Hardee-Thomas
Chad Hatley
W. Robert Kinard
David Lawson
J.M. Long III
$12,350
12
$4,350
2
$19,400
1
Mahlon E. Padgett IV
$1,000
1
Ralph Phillips
$3,140
3
$40,000
1
Jeffery G. Smith
$4,000
3
Garfield Stuart
$2,879
1
$12,700
6
$500
1
Michael D. Moore
Marvin L. Robertson
Irby Walker
Harriet Wilmeth
33
SOUTH CAROLINA BAR
CONVENTION 2014
CALENDAR
April
5
Children’s Law Committee
Meeting
Bar Building
South Carolina Lawyer Editorial
Board Meeting
Bar Building
May
3
8
Administrative and
Regulatory Law Committee
Meeting
Bar Building
12
Practice and Procedure
Committee Meeting
Bar Building
13
Skills USA Competition
Greenville Conference Center
Health Care Law Section
Council Meeting
Bar Building
6
Young Lawyers Division
Executive Council Meeting
Bar Building
LEARN,
LAUGH
& LET GO!
10
Elder Law Committee
Meeting
Bar Building
16
15
Real Estate Practices Section
Council Meeting
Conference Call
17
LRE Mock Trial Evaluation
Meeting
Bar Building
Board of Governors Meeting
Wild Dunes, Isle of Palms
House of Delegates Meeting
Swearing-In of New Officers
17
18
Board of Governors Meeting
Bar Building
Bar Foundation Board
Meeting
Bar Building
SAVE THE DATES!
January 23–26, 2014
The Sanctuary at Kiawah Island
Golf Resort
www.scbar.org/convention
19
Ethics Advisory Committee
Meeting
Bar Building
26
Alternative Dispute
Resolution Commission Meeting
Mike Kelly Law Group, Columbia
Law Related Education Committee
Meeting
Bar Building
Professional Responsibility
Committee Meeting
Bar Building
34
CLE
CALENDAR
SEE THE
ON PAGES 14-15
FOR CLE CREDIT
OPPORTUNITIES.
www.scbar.org/convention

SC BAR NEWS - South Carolina Bar

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