Winter 2007 Newsletter
FROM THE PRESIDENTDear Fellow Members of the Bar: To the extent our newsletters have rendered you a captive audience, this is my last opportunity to so address you. I will do so, remembering some highlights from our last year, some much deserved thank-yous, and at last, a confession of a personal nature. This year saw the vision of my esteemed predecessor, Frank McCann, become a reality through Crossing the Charleston Bar. This was a wonderful history of our Bar, and one which I hope will be duplicated in years to come. It has drawn the attention of other bar associations, as well as other professions, interested in producing similar projects. Thanks again to Frank, Marvin Infinger, Henry Grimball and Randall Stoney. We have seen the Recovery Court successfully graduate two classes. This program exists through the efforts of many dedicated individuals, including Judge Garfinkel, and the financial contributions of The Hulsey Firm, Richardson Patrick, and others, including the Bar. The accomplishments of this program should be heralded. Through the work of those involved, it has allowed individuals and families to redirect their lives, and allowed families to rebuild, providing many opportunities that would otherwise not exist. The Pro Bono Legal Services, Inc. has experienced its first year of operation. This program, initially sponsored by our Bar, is an independent 501(c)(3) organization which coordinates pro bono services of our members to economically qualified clients. The program now has four staff members. Through the program's executive director, Marvin Feingold, it has accepted 488 cases in less than one year of operation, and processed 334 cases which were not eligible for its services. It also sponsored a free CLE for our members. Your Bar once again provided the opportunity to secure the necessary CLE hours, through the outstanding efforts of Lad Howell, our CLE Committee Chair. Over the last few years, Lad has arranged for some of the best, most talented, and frankly, most entertaining speakers in the State. In addition, this year, through Lad's efforts during the last two CLEs of the year, our members donated over $2,400.00 to Crisis Ministries. I want to thank Lad for his tireless dedication to our Bar. Also, thanks to all who kindly agreed to speak at these seminars. We all suffer hectic schedules, and these individuals deserve tremendous gratitude for taking time out of their lives and practices to prepare for and give their presentations. I also want to thank this year's Executive Committee. These brave, sometimes bleary eyed, soldiers sacrifice at least one morning a month, beginning at 8:00 a.m. to address the issues before your Bar. But, what you perhaps do not know is that they also volunteer many, many additional hours to the Bar's service. Their efforts range from addressing issues such as pending legislation, to reducing jail overcrowding to arranging receptions, and all that may lie between. A special thank you to Jerry Theos, our President-Elect. He has dedicated countless hours to our Bar this year, always graciously volunteering to undertake any project that needed attention. Jerry has shown the outstanding leadership qualities the Bar will enjoy under his Presidency next year. And, thank you to Julie Kemp, our executive secretary, who has continued to serve our Bar. Last, but not least, thank you for allowing me to serve as your President. I have been involved in this Bar, in some fashion, for almost twenty years. It is an opportunity for which I will remain grateful. It has allowed me to work with some of the finest legal minds and greatest pillars of our legal community. Thank you. This last thank you leads to my confessions, of a personal nature. I enjoy being an attorney. I am proud of our profession. There, I said it. I sincerely believe that our profession possesses those of the brightest intellect and ethical commitment, as well as those who practice the profession in the honest to goodness pursuit of justice, despite whatever the latest lawyer joke may say otherwise. Perhaps I have my years of service in this Bar to thank for this attitude. But if I can leave but one idea with you, one thought, one goal, it is that of respect for this profession and those who serve it. We have, right here in our Bar, the brightest and the best. Utilize that resource- call on your fellow members of the Bar if you need help. And, I call on each of you to offer help. Ours is not an easy profession, it is not without stress and hardship. If you notice a fellow member of the Bar who seems to be experiencing a difficult time, offer your help. Sometimes just a phone call can make the difference. Strive to always be a lawyer helping lawyers in any way you can. Thank you for this year. Sincerely, Cheryl D. Shoun * * * * Buist Moore Smythe McGee, P.A. is pleased to announce that John C. Hawk, IV, Ryan D. Gilsenan and William T. Dawson, III have become associates of the firm. Mr. Hawk’s areas of practice are business litigation, construction, employment and product liability. Mr. Gilsenan’s areas of practice are admiralty and general litigation. Mr. Dawson’s areas of practice are business and banking, business litigation, bankruptcy and creditor's rights, and real estate. * * * * Lofton & Lofton, P.C. is pleased to announce that they have moved into their new offices on Daniel Island. Their new mailing address is 225 Seven Farms Drive, Suite 109, Charleston, SC 29492. Tel. 722-6319; Fax. 722-6372. * * * * McAngus Goudelock & Courie, LLC Is pleased to announce that Regan Ankey, Brian O’Keefe, and J.D. Smith have been elected as members of the firm in their Charleston office. * * * * The Law Office of Robertson Wendt announces its new location at 3875 Faber Place Drive, Suite D, North Charleston. Tel. 723-6555. In conjunction with the move, the firm has recently opened a second office in Myrtle Beach. Tel. (843) 692-3030. * * * * Young Clement Rivers, LLP is pleased to announce the appointment of Joseph J. Tierney, Jr. as a partner in the Charleston office. Mr. Tierney practices primarily in the areas of professional liability and commercial litigation. The firm is also pleased to announce that M. Elizabeth Baggett, Randy Jeryl Bates, II and Joseph H. Farrell, III have joined the firm as associates in the Charleston office. Ms. Baggett practices primarily with the firm’s employment and labor law group. Mr. Bates practices primarily with the workers’ compensation group. Mr. Farrell practices with the commercial transactions and real estate group. * * * * For Rent: Fantastic location – 1000-2100 square feet located at Church Street and Broad Street. Conference room and parking available. Contact Jerry Kaynard at 723-6491. * * * * NEW CASE MANAGEMENT SYSTEM Effective October 30, 2006, both Charleston and Berkeley counties are under a new case management system for the Court of General Sessions. A copy of the order is available in the Charleston and Berkeley clerks of court offices. Should you have any questions about the case management system, once you have reviewed the order, you can e-mail those questions to Frank J. Cornely at frank@cornelylaw.com. When the General Sessions Liaison Committee meets again in January 2007, he will bring those questions to the attention of the committee. * * * * 2007 LOWCOUNTRY AIDS LEGAL CLINIC The Lowcountry Aids Legal Clinic, the first such clinic in South Carolina, is now in its 13th year. Ten members of the Charleston County bar continue to serve as volunteer lawyers at Lowcountry Aids Services. Susan Dunn, Hazel Ferri, Karen McCormick, Sandra Lempesis, Walter Kaufmann, Allen Badger, Suzanne Groff, Malcolm Crosland, Katrina Patton and Francis McCann volunteer their time to go to Lowcountry Aids Services once a month to provide legal services to the clients there. This involvement is usually for only a couple of hours and only two lawyers are necessary for each clinic. Because of the resignation of a few participating attorneys, it is requested that those members of the Charleston County bar willing to volunteer approximately four hours a year to this clinic contact Francis McCann, at 577-4242. Most of the legal work is routine, and those questions that cannot be answered by the attending attorney are handled by the group at a later date. Please call and volunteer. If you see the lawyers that participate, give them a big thank you! * * * * MARK YOUR CALENDARS The Charleston County Bar Association’s Annual Meeting and Reception is scheduled for Thursday, February 15, 2007 at The Riviera at Charleston Place Hotel. Invitations will be sent out in late January. Please remember to include $75.00 for your 2007 Charleston County bar dues when you pay your South Carolina bar dues for 2007. (You should have received this notice in November). If you know of or have any new attorneys who have joined your firm in the past year and 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. Please remember that your Charleston County bar dues for 2007 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 Association. ANNOUNCING THE FORMATION OF A BAR BASKETBALL LEAGUE The Charleston County Bar Association is forming the Charleston County Bar Basketball League to run from January 9 to April 10 (every Tuesday night). All games will be held at the John Wesley United Methodist Church at 626 Savannah Highway in West Ashley. Any interested attorney is encouraged to join. You do not need to form a team to join; all participants will be pooled together and teams will be formed after the first week. The cost is $30.00 per player. Last season everyone received a reversible basketball jersey and we will use the same jerseys this year. As $18.00 of the cost goes to the jersey, if you plan to re-use your jersey from last year, the cost to play will only be $12.00. You will also have to sign a waiver/release agreement in order to play. The first week will be an initial meeting and open gym. Attorneys who are interested in participating should contact Jeffrey J. Wiseman at jwiseman@ycrlaw.com. There will be a random division of participants based on certain factors (in an effort to most fairly divide up the teams), so please include in your initial email the following information:
Please note that this league is for all lawyers and the purpose of this league is for Charleston County bar members to get to know one another and get some exercise. This is not the NBA or even the Southern Conference. Last year was very enjoyable, with all skill levels participating and having fun. Everyone is welcome and encouraged to sign up. * * * * PRO BONO MOMENTS While Pro Bono Legal Services, Inc. (“PBLS”) might be considered under the general heading of “charity,” it is much more. Attorneys have always found a way of arguing just causes for the poor and the weak, regardless of ability to pay a lawyer’s fee. Lawyers do this as the guardians of that process, our system of civil justice, so integral to the peace and stability of our society. They do this because a constitutional form of government requires a viable method of civil dispute resolution for all persons. As PBLS, in furtherance of its mission to facilitate pro bono service, has begun to refer meritorious cases to attorneys in the Charleston area, we have also begun to explore ways in which the larger law firms in Charleston can each develop a plan to achieve local pro bono service within their respective firms. In addition to the commitment made by individual attorneys, we seek a distinct commitment from the firms themselves. Such a commitment involves allowing partners and associates to charge pro bono work to the firm’s billable hours, even as the individual attorney is expected to also perform pro bono work outside of regular work time. Of enormous guidance in this effort to design a model for pro bono efforts within a large firm, the pro bono policy of Nelson Mullins Riley and Scarborough has approached the challenge by first establishing a permanent standing committee within the firm. The committee’s duties include general implementation of the firm’s pro bono policy, deciding on requests for in-house credit, monitoring to prevent abuse, budgetary considerations, and serving as liaison to bar groups and others in the pro bono community. The plan also calls for an attorney with “of counsel” status to serve as full time pro bono coordinator for the firm, reporting directly to the chair of the firm’s pro bono committee. The plan goes on to define the types of cases which may be considered for pro bono service. In addition, the plan calls for a minimum number of personal (“unapproved”) hours which the individual is expected to perform before the attorney may receive billable hour credit (“approved”). Approved hours are treated by the firm as normal hourly credit for purposes of bonuses, advancement, etc. Finally, the firm’s pro bono committee resolves to seek out and encourage large scale pro bono projects, likely to have significant impact, reflecting a broad spectrum of legal issues and interests. In thinking about a plan for either a large firm or for the individual practitioner, attorneys should distinguish between, on the one hand, the class or mass action to achieve some benefit for a low income community which may or may not yield court awarded or contingent fees, but in which such fees are possible, and on the other hand, such a public interest case where there is no chance of receiving fees. The former example is not pro bono, regardless of the outcome with respect to fees. The latter example is true pro bono service. Another important distinction is between Rule 608 appointments, which are “required,” and true pro bono service, which is voluntary. PBLS is available as a resource as larger firms seek to develop their pro bono plans. Contact us at (843) 853-6456 or at probonols@bellsouth.net. * * * * PRO BONO LAWYER VOLUNTEER FORM Pro Bono Legal Services, Inc., a joint project of The Charleston County Bar Association and The Legal Services Corporation, has as its mission to coordinate and support the pro bono efforts of the Charleston County bar. With further help from a SC Bar Foundation IOLTA grant, PBLS served over 500 low-income residents of Charleston, Berkeley and Dorchester counties in 2006. The Legal Services Corporation recently published a report, the "Justice Gap in America,” concluding that at least 80% of the civil legal needs of low-income Americans go unmet and that 50% of potential clients requesting assistance from traditional legal aid programs were turned away for lack of resources on the part of such programs. PBLS will intake and screen cases for economic eligibility, determine that the cases accepted are meritorious, and support volunteer attorneys by matching clients with lawyers having the appropriate expertise. Further support for volunteer attorneys will include assistance from volunteer law students and free CLE training. All volunteers through PBLS are covered by PBLS malpractice insurance. PLEASE SIGN ON AS A VOLUNTEER ATTORNEY: NAME______________________ADDRESS_____________________ Indicate your interest in the following PBLS projects by initialing: ____"The LEADR Team” (Lawyers Emergency and Disaster Response Team). Prepares, in advance of the next disaster, for volunteer attorneys to be available to assist victims with post-disaster legal issues. _____"Crisis Ministry Clinic.” Modeling the Ask-A-Lawyer program, volunteers attend a legal clinic for the homeless. Please respond to Marvin H. Feingold, Esquire: 111 Church Street, P.O. Box 1116, Charleston, SC 29402; Tel. (843) 853-6456; Fax. (843) 723-1047; probonols@bellsouth.net. NOTICE FROM THE SOUTH CAROLINA BAR Substance Abuse/Depression Resources Available: Add the extra shopping, cooking, socializing, eating and visits from high-maintenance family members to an already crowded to-do list and the result can be overwhelming for many of us. However, the holiday season can be particularly troublesome for those suffering from substance abuse and/or depression. The South Carolina Bar’s Lawyers Helping Lawyers Program (LHL) is here to help you. LHL, led by Program Director Robert Turnbull, provides confidential support and referrals for lawyers suffering from alcohol or 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 Robert at (803) 799-6653, ext. 181, (803) 603-3807 (cell) or the confidential, toll-free help line at 1-866-545-9590. 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)
* * * * CIRCUIT COURT SCHEDULE - FIRST JUDICIAL CIRCUIT
FAMILY COURT SCHEDULE - NINTH JUDICIAL CIRCUIT
* * * * FAMILY COURT SCHEDULE - FIRST JUDICIAL CIRCUIT
7CHARLESTON COUNTY COMMON PLEAS JURY VERDICTS 04-CP-10-4690 Norman Hartsel, as Personal Representative of the Estate of Bennett W. Hartsel vs. Robert Jones, as Personal Representative of the Estate of Brett Jones
* * * * 04-CP-10-4772 Esther Haberthaler vs. The Estate of Cedric Lynn Wilson
* * * * 05-CP-10-0269 Margaret K. Ball vs. Latasha Moultrie
* * * * 05-CP-10-0444 Clara Sierra vs. Regina Y. Adams and Bryant Adams
* * * * 05-CP-10-0789 Rhonda Breau vs. Carl J. Vann
* * * * 05-CP-10-0922 Michael A. Davis, as Personal Representative of the Estate of Frank Davis, Jr. vs. Scott L. Woodfield, M.D. and Lowcountry Cardiology Associates, P.A.
* * * * 05-CP-10-1240 Deshon Jackson and Vincent Greer vs. Quality Plumbing Company, Inc.
* * * * 05-CP-10-1309 Darci McClintock vs. Frank Lee Farmer
* * * * 05-CP-10-1766 Juanita Buroughs vs. Samon M. Nyamadzawo
* * * * 05-CP-10-2144 Anna Margaret Jordan vs. Patricia B. Daniel
* * * * 05-CP-10-2593 Joseph Ferguson vs. Valerie Ann Thompson
* * * * 05-CP-10-2723 Sharon Durish and the Estate of Francis Durish vs. South Carolina Department of Transportation
FEDERAL COURT JURY VERDICTS
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