Fall 2005

FROM THE PRESIDENT

Dear fellow members of the Charleston County Bar:

A recent cartoon in The New Yorker is of two elderly men in jacket and tie, sitting in a bar.  One says to the other:  "And another thing.  When they start telling you 'You've still got it,' you don't."

When does that time come for a lawyer?  When have we reached the point of not having "it" anymore?  Do lawyers retire?  Is it our nature to just get the gold watch and walk away from a profession after years of practice?

I was recently talking to a friend, who has practiced law in Richland County for 25 years.  Returning from a visit out West, as the plane returned to Columbia and banked over the city, he looked down and he saw his office.  He realized that he didn't want to return to work the next day.  He lost his spark.  Practicing law no longer interested him.  It was time to do something else. 

He wrestled with his decision over the next few weeks.  Finally he made his decision and made arrangements with his partners to buy his share.  He was finished practicing law.  His decision shocked me:  he is a fine, ethical, hardworking trial lawyer, and he is my age!

When I asked him what he planned to do, he told me that after he sold his house he was going to move to the mountains and buy a place there.  I asked him how he would fill up his day.  He told me that a friend of his had a part-time job delivering for a florist in town and maybe he could get a spot there.  What a jump:  from the law office, to the mountains, to part-time deliveryman.

I got off the phone and sat and looked out the window for a few minutes.  I admired my friend's courage and realized that he had done what few lawyers ever do and that is retire from the practice of law.  Our profession encourages longevity.  Interest and participation at various levels in different aspects of the law can be enjoyed well past the age when most people retire.  Still his decision made me pause.

Looking back over the years that I have practiced there are only a few lawyers that I know of who have retired completely from their practice.  It seems that most lawyers enjoy an active practice many years past the time when people normally retire.  Senior members of the Bar tell me that it is still pleasant to go to the office, to be involved in a few cases, and to stay active with their clients.

I often wonder if the tendency not to retire will continue with my generation.  Will we die at our desks?  Will it be enjoyable to continue practicing into our 60's and 70's?  Will the pace of practice and the size of the Bar change the ability of senior lawyers to be involved? 

For myself I wonder when that day will come when I no longer want to climb the steps to my office.  Will I have the courage to step into something else, to be stimulated, to be engaged?

They say that the law is a jealous mistress.  Because of that jealousy, lawyers often fail to develop outside interests that will sustain them once they leave the practice.  A lawyer I know who is in his 70s, healthy, engaged, and has an excellent practice told me that he enjoys coming to work each and every day.  He said the last thing he would want to do is to sit at home and wait for the mailman to arrive. 

I suppose the day does come for all of us brought about by different factors when we will no longer desire to climb the stairs to the office.  Hopefully at that time we will have maintained those interests outside the law which will stimulate us, keep us engaged in the community and perhaps even help us find that extra spot on the florist's truck somewhere in western North Carolina. 

Sincerely,
Francis X. McCann

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Jennifer Barber is pleased to announce the opening of her firm, Barber Law Firm, located at 706 Orleans Road, Charleston, SC 29407. Tel. 597-2836; Email jenny@akimlaw.com.  Her practice is concentrated in the areas of estate planning, family law, and personal injury.

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Finkel & Altman, LLC is pleased to announce that Susan S. White and Carolyn A. Crombie have become associates of the firm located at 3955 Faber Place Drive, Suite 200, North Charleston, SC  29405.  Tel. 576-1072.

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Stephan V. Futeral of the Futeral Law Firm, LLC and M. Lee Robertson, Jr.  of M. Lee Robertson, Jr. PA are pleased to announce the formation of Lowcountry Legal Group, LLC.  Lowcountry Legal Group, LLC is dedicated to residential and commercial real estate transactions.  The office is located at 1004 Anna Knapp Boulevard, Mt. Pleasant, SC 29464.  Tel.  284-0505.

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Kernodle Taylor & Root is pleased to announce that Mia Lauren Maness has become a partner of the firm located at 914 Folly Road, Suite 2, Post Office Drawer 13897, Charleston, SC  29422.  Tel.  795-7800; Fax.  795-3032; Email  mmaness@kernodlelaw.com.

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Paul R. Thurmond, Jesse A. Kirchner, and Michael A. Timbes announce the opening of Thurmond Kirchner & Timbes, P.A. located at 15 Mid-Atlantic Wharf, Suite 101, Charleston, SC 29401. Tel. 937-8000. www.tktlawfirm.com.

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Law Office Space for Rent:   In historic district of downtown Charleston; 2124 square feet near corner of Church and Broad.  Beautiful, fully renovated space on third floor with elevator and off street parking.  $2,250.00 per month.    Call 722-2588 for more details.

Office Space for Rent: 12 Exchange Street, Charleston, SC.  Office space available within walking distance to both state and federal courts.  Large reception/staff area, restroom, two offices and/or conference rooms.  Private entrance.  Overall, 720 square feet.  Parking subject to availability.  Contact 843-720-4638.

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MEDICAL LEGAL GUIDELINES

Almost 20 years ago the Charleston County Bar Association and the Charleston County Medical Society jointly drafted and adopted guidelines for medical-legal fees and for cooperation between the medical and legal professions.  Over the years the suggested medical-legal fee scheduled has been revised several times, most recently in October 2000.  After almost five years the guidelines have again been revised after review by joint committees from the Charleston County Medical Society and the Charleston County Bar Association.  By agreement of the Bar Association and the Medical Society, suggested medical-legal fees for the physician's review of medical records with a narrative report, deposition and trial testimony were all raised $100.  The newly approved suggested fee guidelines are posted on the Bar Association website in PDF format.

Both the Bar Association and the Medical Society are in the process of revising the guidelines for cooperation between the Charleston County Bar Association and the Charleston County Medical Society.  The guidelines for cooperation provide instructions outlining a physician's and attorney's duties with regard to handling medical records, depositions and the physician's testimony.  After the revisions are complete and approved by the Bar Association and Medical Society, copies of the Guidelines for Cooperation between the Bar Association and Medical Society will be made available through the Bar Association's website.

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NEWS FROM OUR BAR ASSOCIATION

The Charleston County Criminal Defense Lawyers Association (CCDLA) has been reactivated and has about 70 members in the Charleston-Berkeley Bar. Officers are: Drew Carroll, President; and Jack Sinclair, Treasurer.  Committee members are David Wolf, Jennifer Shealy and Jim Smiley.  (One seat is vacant due to the pending departure of Bill McGuire; the President will be making an appointment shortly.)

The CCDLA meets for breakfast at The Hilton Gardens Hotel on I-526 about every three months.  At past meetings, speakers have been Judge Danny Pieper, Preliminary Magistrate James Gosnell, and Solicitor Ralph Hoisington.  Future speakers include Bonding Magistrate Linda Lombard, Sheriff Al Cannon, and Senate President Pro Tem Glenn McConnell.

Fellowship and comaraderie is alive and well at these gatherings and anyone who practices criminal defense law is urged to contact Drew Carroll at drewcarroll@joyelawfirm.com for information about joining and the dates of the meetings. 

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The Charleston Association of Christian Attorneys is a group initially formed by Sam Clawson and meets for breakfast one morning each month.  There is a motivational speaker at each meeting.  Contact Reese Joye at 554-3100 for additional information.

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The American Bar Association has recently approved DUI Defenses as a recognized specialty in the practice of law.  The ABA approved the National College of Drinking/Driving Defense Attorneys Certification program as its official standard for this field specialty recognition.   The College has annual 3-day teaching seminars at Harvard and winter seminars at various cities throughout the United States.  The College partners with the Texas Association of Criminal Defense Attorneys for a 3-day annual seminar on mastering science in DUI cases, as well as an annual NACDL 3-day seminar in Las Vegas.  Other fields of law recognized by ABA include:  bankruptcy, estate planning, labor and tax.

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THE NATIONAL JUDGES ASSOCIATION

The National Judges Association has named Magistrate Jeanette Harper of Charleston County as the outstanding non-attorney judge in the United States.  Judge Harper, a former high school English teacher, also serves as municipal judge for the Isle of Palms.  For a number of years she served on the South Carolina Legislative Committee to Study Education and later served on the South Carolina State Board of Education as Governor James B. Edwards' liaison to the Board.  She chaired the Board's committee on Teacher Training and Compensation.  Magistrate Harper graduated from Carson-Newman College and received a Master's Degree (MAT) in Secondary Administration from the Citadel.  She graduated from the Legal Institute at the National Judicial College, University of Nevada, Reno, and for a number of years was an instructor for South Carolina Administration's orientation for new judges.

The National Judges Association is an association of lawyers and non-lawyer judges of limited jurisdiction whose goal is the retention of well educated non-lawyer judges serving in the nation's courtrooms.

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CLE OPPORTUNITY

Life Choices for People with Disabilities: ETHICAL ISSUES

Protection and Advocacy for People with Disabilities, Inc. (P&A) will present a national legal conference on Friday, November 18, in Columbia, SC.  Topics include ethical decisions regarding treatment and commitment of individuals with mental illness, advance health care directives, guardianship and competency issues, and ethical issues in representing people with disabilities. Charleston attorney Harriet McBryde Johnson will provide a personal perspective regarding disability, power, and medical choices. 

Presenters:
Hon. Jacqueline D. Belton, Assoc. Probate Judge, Richland County
Prof.  Nathan Crystal, USC School of Law
Lillie Hart, Esq.,  MSW
Harriet McBryde Johnson, Esq.
Prof. David Orentlicher, MD, JD   Indiana University School of Law, Indianapolis
Prof. Elizabeth Patterson, USC School of Law
 
Fee of $50 includes lunch. The program has been pre-approved for six hours of CLE credit, including two hours of ethics.

REGISTRATION:  Charleston County Bar Association website - http://www.charlestonbar.org; or call Cat Tuano-Buice with P&A at 1-866-275-7273 ext. 210; or P&A website - www.protectionandadvocacy-sc.org. 

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MARK YOUR CALENDARS

The Charleston County Bar Association's Annual Meeting and Reception is scheduled for Thursday, February 9, 2006 at The Riviera at Charleston Place Hotel.  Invitations will be sent out in late January.  Please remember to include $75.00 for your 2005 Charleston County dues when you pay your South Carolina State Bar dues for 2006.  (You will receive this notice in November).  If you know of or have any new attorneys join your firm between now and January who have not previously joined the Charleston County Bar Association, please send Julie Kemp their names so that an invitation can be sent to them at that time. Please remember that your Charleston County Bar dues for 2006 have to be paid prior to the Annual Meeting.  We do not send out a separate bill and appreciate each attorney paying through the South Carolina Bar.
 

RESPONSE TO LETER FROM THE PRESIDENT, SUMMER 2005

July 26, 2005

Francis X. McCann, Esquire
66 Hassell Street
Charleston, SC 29401

Re:  Letter from the President, Summer, 2005

Dear Frank:

In your Letter from the President published in the summer, 2005 bar association newsletter, you wrote that you "struggle" with identifying the reasons for that loss of respect and attempt to determine what legitimate remedies exist for reclaiming the good reputation that lawyers once enjoyed."  As perspicacious as you are, I can only conclude from your letter that apparently you have not opened up the yellow pages or watched TV in quite some time.  So, please allow me to put an end to your struggle.  The reason why lawyers are held in such contempt by the public is that daily lawyers ask the public to hold them in ridicule, scorn and disrespect.  Lawyers advertising has turned our profession into a business and the public is justifiably reacting to this breach of trust.  Personal greed has hijacked our nation's civil justice system.  While you toil with integrity in relative obscurity, others on TV are making a mockery of what you do.

Sincerely yours,
Jay T. Gouldon  

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BILINGUAL LEGAL INTERPRETING

The following five graduates of the MA Program in Bilingual Legal Interpreting at the Graduate School of the College of Charleston hold Master of Arts degrees in Bilingual Legal Interpreting and are court certified.  They are currently interpreting in legal, medical, and community settings throughout the state.  If at any time you have need of a qualified Spanish/English interpreter, please do not hesitate to call any of the following individuals:

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IF YOU SEE…

If you see Lad Howell, please thank him for all of the work that he has done over the past two years organizing CLE's for the Charleston County Bar.  He has taken on this task with enthusiasm. He orchestrates all the notice requirements to make various CLE's available for our local bar.  Please thank him when you see him.

If you see Janet Paduhovich and Laree Hensley, a thank you goes to them.  They have been working over the summer with family court, the local law school, and the jail in putting together the proper procedure for assisting those parents who remain in jail for long periods of time as a result of the failure to pay child support.  The law school is on board with volunteers for screening purposes and Laree and Janet will assist the family court in identifying those individuals who need their cases re-evaluated.  Please thank them when you see them.

If you see Jerry Kaynard and Lindsay Smith-Yancey, a special note of thanks goes to them as they have put together the local bar's Katrina Disaster Relief Effort.  Lindsay and Jerry have spent many hours making certain that our friends and guests who travel here from Louisiana and Mississippi will have available legal services until they are re-established in their homes. 

If you see Marvin Infinger and Henry Grimball, please thank them for their excellent work over the past many months regarding the Charleston County Bar's project to interview and film senior members of the Bar.  We are hopeful that this project will begin in the fall with completion by the time of the annual meeting. 

If you see Natalie Bluestein, please thank her for all of the work she has done as liaison to the family court for the Charleston County Bar.  She has also been quite active with the recovery court that has met with great success over the past twenty-four months. 

If you see Trent Kernodle and Robert Bernstein, please thank them for the work they have done over the past few months in fine tuning our webpage and evaluating our IT services.  They are hard at work designing a system that will allow the Charleston County Bar Association to communicate with all of our members on a regular basis.  They bring knowledge and enthusiasm to this task, which will make our ability to communicate so much better.  Please thank them when you see them.

If you see Jerry Theos please thank him for the work he has done as the liaison between the courts and the Charleston County Bar Association.  Through his work and suggestions, various firms have agreed to sponsor social get-togethers.  Such events will encourage our members to see each other after work in a congenial atmosphere. 

If you see Mia Maness, please thank her for all the years of work in getting our newsletter properly edited.

And finally, if you see Julianne R. Kemp and Cheryl Shoun, please thank them for all the work they do for the Charleston County Bar Association.

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CIRCUIT COURT SCHEDULE - NINTH JUDICIAL CIRCUIT

(Court schedules are changing constantly; please verify current information through S.C. Court Administration or by checking the South Carolina Judicial Department website at http://www.judicial.state.sc.us/calendar/index.cfm)

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CIRCUIT COURT SCHEDULE - FIRST JUDICIAL CIRCUIT

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FAMILY COURT SCHEDULE - NINTH JUDICIAL CIRCUIT

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FAMILY COURT SCHEDULE - FIRST JUDICIAL CIRCUIT

CHARLESTON COUNTY COMMON PLEAS JURY VERDICTS