Summer 2004 Newsletter

Charleston County Bar Association

PRESIDENT
Carol B. Ervin     
28 Broad Street     
Charleston, SC 29401     
724-6641

PRESIDENT-ELECT
Francis X. McCann
66 Hasell Street
Charleston, SC 29401
577-4242

EDITOR
Mia Lauren Maness
914 Folly Road, Suite 2
Charleston, SC 29422
795-7800

Summer, 2004 Website: http://www.charlestonbar.org

FROM THE PRESIDENT

Dear Colleagues,

Most of you have heard about the South Carolina Supreme Court's requirement that each of us take a new Lawyer's Oath before the end of this year.  If you haven't heard about it, please tune in now because this requirement is mandatory.  Even inactive members and lawyers who are otherwise grandfathered in and exempt from the CLE requirements are required to take the seminar and swear to the new oath by December 31, 2004.

We all took the Lawyer's Oath when we were inducted into the South Carolina Bar.  It was over two decades ago for me, and I couldn't quote the words for love or money, but in my mind we are all sworn by that oath to act in a professional manner.  The South Carolina Supreme Court has decided, however, that obligation should have more firepower. By orders dated October 22, 2003, and January 1, 2004, the Court amended the Lawyer's Oath to add language requiring each of us to treat everyone - adversaries, parties, and court personnel alike - with respect, courtesy, and good manners.

In addition to mandating that each lawyer take the new oath by the end of this year, the Court is also requiring that the new oath be preceded by a one-hour ethics seminar on professionalism.  The oath must be administered by a Circuit Court, Court of Appeals, or Supreme Court judge.  Each local bar association has been encouraged to host the ethics seminar and arrange to have the oath administered.

This year the agenda for each of the CLE seminars hosted by the Charleston County Bar Association will include the special ethics seminar on professionalism designed to precede the oath.  We will arrange to have a judge administer the oath at each seminar.  The schedule for these seminars is set forth at page 5 of this newsletter.  Based on past experience and our healthy respect for the need to stomp out fires, we have slated the majority of the seminars to take place in the latter part of the year - when meeting the Court's mandate will elevate the ethics seminar and the oath to fire level status.

The new oath has generated its share of self-deprecating jokes and musing about what brought this to pass. It is a little embarrassing that our own Supreme Court thinks we need to swear to be nice, don't you think?  I have always regarded the Charleston County Bar as being one of the most gracious in the state, a state where by-and-large the lawyers are well-mannered and courteous.  I wonder if the Court was horrified recently by an appellate record of some lawyer's behavior in a hearing, trial, or deposition.  (It also occurred to me that the non-litigators may be suffering from association with those of us involved in trial work.)  It has been over six years since the Court issued its public reprimand against a lawyer for his conduct in an infamous deposition, and I truly don't think that sort of behavior is prevalent.  On the other hand, the most contentious cases are the ones most likely to end up in the courtroom, and each trial lawyer has probably been in at least one case in his or her career where relations between lawyers soured due to some real or imagined slight.  Perhaps the Court has seen a lot of lawyers behaving badly lately.

I felt somewhat redeemed on behalf of all of us when I read an article in The Post & Courier about doctors being required to take a class on how to be nice to their patients.  My chastened mood lifted even further when the news hit about Vice President Dick Cheney yelling the "f" word at Patrick Leahy on the Senate floor.  Goaded by fear and guilt, I decided to track down the reason behind the new oath.  (Fear and guilt are two of my greatest motivators; in this instance, guilt that I should know why the new oath is required since I am the president of our bar association, and fear that someone would ask me and I would have to confess my ignorance.)

Last week (it takes a lot of fear and guilt to get me going), I finally began to try to pin down the actual motivation for the mandate.  I felt somewhat better when Bob Wells, Executive Director of the South Carolina Bar, told me he did not know for sure either.  He suggested (rather ominously, I thought) that it may be that being rude is not necessarily unethical, but could be a violation of an oath, and maybe the Court wanted to have a vehicle to address rude behavior by lawyers.  Bob's suggestion had a ring of truth to me.  After another phone call or two I spoke with Chief Justice Jean Toal's law clerk and learned that the Commission on the Profession had recommended the new oath.  When I asked her about Bob's theory, she said "exactly."

So while we are zealously representing our clients, let's all remember the Golden Rule, what goes around comes around, and all those other things we were supposed to learn in kindergarten.

Sincerely,

Carol

* * * *

Finkel & Altman, L.L.C. is pleased to announce that Robert E. Culver has become a member of the firm.  He is located at 24 North Market Street, Suite 200, Charleston, SC 29401, Tel. (843) 577-5460.  Sharyn M. Epley has moved from the downtown Charleston location to their office located at 3955 Faber Place Drive, Suite 201, North Charleston, SC  29405, and Joanna E. Edgell has moved from the North Charleston location to their office located at 1201 Main Street, Suite 1800, Columbia, SC 29201.

* * * *

Kernodle, Taylor & Root announces that Michael M. Socha has joined the firm, located at 914 Folly Road, Suite 2, James Island, SC.  Mailing address:  Post Office Box 12009, James Island, SC 29422-2009; Tel. (843) 795-7800; Fax. (843) 795-3032; E-mail msocha@kernodlelaw.com.  Mr. Socha is corporation counsel for the towns of James Island, Kiawah, and Megget.  The firm's website is www.kernodlelaw.com.

* * * *

McAngus Goudelock & Courie, LLC announces the relocation of its Charleston office to 78 Wentworth Street, Suite 200 in the historic Kress building. The phone, fax and post office box numbers all remain the same.  The firm is also pleased to announce that James D. Smith has joined the firm's Charleston office as an associate in the litigation practice group.  His practice concentrates on premises liability, personal injury issues, construction defects, products liability, collection law, and employment law.

* * * *

Nexsen Pruet, LLC is pleased to announce that Jeffrey S. Tibbals and Jason C. Lynch have joined the firm as associates.  Mr. Tibbals will practice in the area of commercial litigation, focusing primarily on business and real estate litigation.  Mr. Lynch will concentrate his practice on tax law.

The Tecklenburg Law Firm, LLC is pleased to announce that Christopher L. Williams has joined the firm as an associate.  He will concentrate his practice on civil litigation, transportation law, and admiralty law.

* * * *

Office Space Available for Rent: Located on Daniel Island as follows:  1) 1,500 square foot office suite, turn key, available now - $2,500 mo. / min. 12 mo. lease; 2) 850 square foot office suite - $1,400 mo. / min. 12 mo. lease; and 3) 525 square foot office suite - $875 mo. / min 12 mo. lease.  Utilities included in all units. Contact D&H Investments, LLC at 958-0340 or  bridgeloan@comcast.net.

* * * *

Office Space for Rent: Downtown Charleston, 171 Church Street, The Franke Building.  Attorney and paralegal offices available with use of conference rooms, lobby, kitchen and receptionist.  High speed Internet access available.  Call Kathy McKillip at 577-7557.

* * * *

Legal assistant needed for busy medical malpractice firm in Mt. Pleasant. Must have a minimum of one year of civil litigation experience in South Carolina.  Medical background preferred, but not required.  Fax resume to Tim at 971-7102.

* * * *

REMINDER TO CHARLESTON COUNTY BAR MEMBERS
FROM THE CHARLESTON COUNTY PUBLIC DEFENDER

Charleston County has two programs available to General Sessions criminal defendants.  Adult Drug Court and adult Mental Health Court are sentencing alternatives after a plea of guilty.  Each program has different criteria for eligibility.  In general they are often available when you have a defendant with mental illness or a drug addiction and with a nonviolent prior record.  You start exploring these options for your defendant with the individual solicitor on the case.  The courts' programs are under Charleston County Probate Court, and the judges for the courts are Judge Irvin Condon and Judge Tamara Curry.  A number of Charleston County agencies participate in each court, including the Charleston County Public Defender's Office; the Charleston County Solicitor's Office; Charleston Area Mental Health Center; Charleston County Probation, Pardon, and Parole; and the Charleston County Sheriff's Office. Two Charleston County Public Defenders are assigned to each court and are available for consultation with any criminal defense lawyer who would like to explore these options for his or her client.  Please feel free to call Martha Dicus or David Holton at 958-1850 or explore the option with the Solicitor's Office or the Probate Court.  Not many counties have both programs available as sentencing diversions, and defense lawyers will find these options to be helpful resolutions in some cases.

HABITAT FOR HUMANITY CONTRIBUTIONS FROM CHARLESTON COUNTY BAR ASSOCIATION

Barnwell Whaley Paterson & Helms, LLC$2,500.00
Cherie W. Blackburn$ 100.00
John M. Bleecker, Jr.$ 50.00
J. Sidney Boone, Jr.$ 400.00
Michael F. Bowler, III$ 100.00
Robert and Kathleen Brunson$ 100.00
Michael D. Bryan$ 100.00
Buist, Byars, Pearce & Taylor, L.L.C.$ 500.00
Buist Moore Smythe & McGee, PA$1,000.00
Carlock, Copeland, Semler & Stair$2,500.00
George B. Cauthen$ 500.00
Clawson & Staubes, L.L.C.$2,500.00
J. Joseph Condon, Jr.$ 100.00
Walter T. Cox, III$ 100.00
Diane C. Current$ 100.00
Harold F. Davis, III$ 100.00
Deluca and Maucher, LLP$ 500.00
Paul A. and Sharon N. Dominick$ 250.00
Richard A. Farrier, Jr.$ 100.00
Stephen P. Groves$ 100.00
Louisa P. and David Hawkins$ 25.00
Haynsworth Sinkler Boyd, P.A.$2,500.00
Elizabeth S. Hills$ 100.00
Gedney M. Howe$ 1000.00
Matthew Hubbell$ 250.00
Cynthia B. Hutto$ 100.00
Harold W. and Jacqueline E. Jacobs$ 200.00
Frederick Jekel$ 250.00
Jennifer A. Jordan$ 100.00
Kaye L. Koonce$ 100.00
Philip and Linda Lesourd Lader Foundation$1,500.00
Henry C. Leventis and Kelly E. Jones$ 25.00
William Bee Ravenel Lewis$ 100.00
Wade H. Logan, III$ 100.00
Lyles & Lyles, LLC$ 200.00
Jason C. Lynch$ 100.00
Susan H. Marus and Newman J. Smith$ 100.00
Frank X. McCann$ 200.00
Deirdre Shelton McCool$ 100.00
John C. McElwaine$ 100.00
McNair Law Firm, PA$1,000.00
Elizabeth Scott Moise$ 100.00
Moore & Van Allen$2,500.00
Motley Rice LLC$2,500.00
Nelson Mullins Riley & Scarborough, LLP$ 875.00
Robert M. Nettles, Jr.$ 100.00
Charles R. Norris$ 100.00
Robert W. Pearce, Jr.$ 100.00
Pratt-Thomas, Epting & Walker, P.A.$2,500.00
Richardson, Patrick, Westbrook & Brickman$ 2,500.00
Neil C. Robinson, Jr.$ 500.00
The Rosen Law Firm, LLC$ 250.00
Rosen, Rosen & Hagood, LLC$1,000.00
Carmen Sessions Scott$ 50.00
Sandy Senn and Michael Uricchio$ 100.00
Small, Spann-Wilder & Cotten, LLC$ 250.00
The Steinberg Law Firm, L.L.P.$2,500.00
Mark C. Tanenbaum, P.A.$2,500.00
Turner, Padgett, Graham & Laney, P.A.$1,000.00
John C. Von Lehe, Jr.$ 100.00
Brad Waring$ 250.00
Warren & Sinkler, LLP$ 500.00
Richard B. Watson$ 100.00
Wills and Massalon, LLC$ 500.00
Young Clement Rivers, LLP$2,500.00
TOTAL $ 43,725.00


 

U.S. SENTENCING GUIDELINE SEMINAR

The United States Probation Office, Charleston, South Carolina, will host its annual United States Sentencing Guideline Seminar for Attorneys on July 16, 2004, from 8:30 am until 4:30 pm. The seminar will be held at The Citadel in room 165, Bond Hall, and will be conducted by officers of the U.S. Probation Office's Presentence Unit.  Parking is available.  This year's seminar will differ slightly from previous trainings, as the focus will be on "most common problems seen" and strategies for navigating "tricky" guidelines.

This seminar is provided for members of the South Carolina Bar practicing in the United States District Court and is requisite for those considering practicing in the district court for inclusion on the CJA panel list.  Seminar participants will be awarded 6.5 hours of CLE credit by the Supreme Court of South Carolina Commission on Continuing Legal Education and Specialization.  The 6.5 hours includes 1.0 hour of ethics training.

Due to space availability, the number of participants will be limited.  To enroll in the seminar, please contact Amy Blalock at 579-1503 or  amy_blalock@scp.uscourts.gov to request a registration form. Deadline for registration is July 13, 2004.  Please note that The Citadel has informed our office that absolutely no food or drinks will be allowed in the auditorium.  However, we will have some refreshments available in the hallway outside the auditorium.  There will be a nominal, non-refundable fee of $7.00 to cover these costs.  Please make checks payable to Scott Youngblood.


J. Scott Youngblood,
U.S. Probation/Pretrial Officer-In-Charge

 

TRI-COUNTY PARALEGAL ASSOCIATION JOB BANK

If you would like to list your open legal assistant/paralegal positions with the TCPA job bank, please contact Karla Ruopoli at  576-5534 or mkruopoli@mindspring.com.

* * * *


UPCOMING CHARLESTON COUNTY BAR SEMINARS
(INCLUDING CIVILITY OATH)

Our second CLE is scheduled for August 27, 2004 at the Charleston Maritime Center.  The topic will be "Small Firm Management."

On October 22, 2004 our third CLE is scheduled at the Charleston Maritime Center with the topic being "Claimant's and Defendants' Issues in SC Workers' Compensation Claims."

Two additional CLE's will be held during the month of December at the Charleston County Judicial Building.  More information on the exact dates and topics of the last two seminars in December will be sent by e-mail and published in the October newsletter.  Please read the section below if you did not receive notice of the June 25, 2004 seminar by e-mail and want to get notice of seminars by e-mail in the future.

All of these CLE's are free to paid members of the Charleston County Bar Association.  Flyers will be mailed out with more information before August 27.  Information will also be posted on our website.  Each of the seminars to be held this year will provide a one hour ethics seminar on professionalism and a judge will be present at the seminar to administer the new civility oath.

* * * *

IMPORTANT MESSAGE TO ALL
CHARLESTON COUNTY BAR MEMBERS

Any attorney who has a change of address or contact information should do the following in the future:  1)  go the Charleston County Bar Association Website: www.charlestonbar.org; 2) click on "Contact Us"; and 3) fill out the pertinent information.  This will ensure that your information is changed on the website and also on our local Bar's mailing list.  Most of our mailings are sent via bulk mail.  If the address that we have on record is not correct, the Post Office does not return it to us and we have no notification of a problem with the address.

In the future we plan to do mass e-mails to members of the Charleston County Bar when there is important information to relay to members in between newsletters.  It is VERY IMPORTANT that your e-mail information is current.  Please check out the information under "Lawyer's Directory" to be sure that all of your information is correct.  If you are not listed or have corrections to be made please follow the directions above or e-mail the information to Julie Kemp at jkemp@ycrlaw.com.  In the past month we tried to do a mass e-mail, but found that many of the e-mail addresses are not correct and these e-mails were returned.

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 )

 

July 5

July 12

July 19

July 26

Chas GS - Jefferson

Chas GS - Pieper

Chas CP - Hughston

9 th CPNJ - Young

Berk CP - Scarborough

Chas GS - Jefferson

Chas GS - Young

9 th CPNJ - Hughston

Berk GS - Pieper

Chas CP - Jefferson

Chas CP - Cottingham

9 th CPNJ - Pieper

Berk CP - Dennis

August 2

August 9

August 16

August 23

Chas GS - Jefferson

Chas GS - Pieper

9 th CPNJ - Hughston

Chas CP - Dennis

Chas CP - Dennis

Chas CP - Pieper

Chas GS - Young

Chas GS - Hughston

Berk GS - Jefferson

Chas CP - Pieper

Chas CP - Young

9 th CPNJ - Jefferson

Chas GS - Early

Chas GS - Dennis

August 30

September 6

September 13

September 20

Chas CP - Dennis

Chas CP - Young

Chas GS - Early

Chas GS - Jefferson

Berk GS - Pieper

Chas CP - Dennis

Chas CP - Young

Chas CP - Early

9 th CPNJ - Pieper

Chas CP - Early

Chas GS - Dennis

Chas GS - Young

9 th CPNJ - Hughston

Berk CP - Pieper

Chas CP - Pieper

Chas CP - Young

Chas GS - Early

Berk GS - Hughston

Berk CP - Dennis

September 27

* * * *
CIRCUIT COURT SCHEDULE - FIRST JUDICIAL CIRCUIT

July 5

July 12

July 19

July 26

Dor GS - Williams

1 st CPNJ/ - Goodstein

Dor GS - Williams

August 2

August 9

August 16

August 23

Dor CP - Young

CPNJ/ - Goodstein

PCR

Dor GS - Goodstein

Dor CP - Williams

August 30

September 6

September 13

September 20

Dor CP - Goodstein

1 st CPNJ - Goodstein

Dor CP - Williams

September 27


FAMILY COURT SCHEDULE - NINTH JUDICIAL CIRCUIT

July 5

July 12

July 19

July 26

Chas - Landis

Chas - Andrews

Chas - Garfinkel

Chas - Cate

Berk - Creech

Chas - Andrews

Chas - Cate

Chas - Bridges

Berk - Wylie

Chas - Andrews

Chas - Bridges

Chas - Cate

Chas - Garfinkel

Berk - Creech

August 2

August 9

August 16

August 23

Chas - Cate

Chas - Garfinkel

Chas - Bridges

Chas - Andrews

Berk - Creech

Berk - Landis

Chas - Cate

Chas - Landis

Chas - Bridges

Chas - Andrews

Berk - Creech

Berk - Garfinkel

Chas - Cate

Chas - Landis

Chas - Garfinkel

Chas - Bridges

Berk - Creech

Berk - Wylie

August 30

September 6

September 13

September 20

Chas - Myers

Chas - Cate

Chas - Garfinkel

Chas - Goldsmith

Chas - Andrews

Chas - Bridges

Berk - Creech

Berk - Landis

Chas - Bridges

Chas - Garfinkel

Chas - Andrews

Chas - Myers

Berk - Creech

Chas - Cate

Chas - Garfinkel

Chas - Landis

Chas - Andrews

Berk - Bridges

Berk - Creech

Chas - Bridges

Chas - Cate

Chas - Garfinkel

Berk - Creech

Berk - Landis

September 27

* * * *
FAMILY COURT SCHEDULE - FIRST JUDICIAL CIRCUIT

July 5

July 12

July 19

July 26

Dor - McLin

Dor - McLin

Dor - McLin

August 2

August 9

August 16

August 23

Dor - Wylie

Dor - McLin

Dor - Wylie

Dor - McLin

Dor - McLin

August 30

September 6

September 13

September 20

Dor - Wylie

Dor - McLin

Dor - Wylie

Dor - McLin

Dor - Wylie

Dor - McLin

September 27

CHARLESTON COUNTY COMMON PLEAS JURY VERDICTS

(information supplied by Clerk of Court’s Office)

01-CP-10-3911

Tommy R. Hawkins vs. Feltmann & Associates, Inc.

Attorneys:

Plaintiff: Steven Smith
Defendant: Albert A. Lacour, III

Cause of Action:

Unfair Trade Practices

Verdict:

For the Plaintiff in the amount of $10,400.00 actual damages.

 

* * * *

 

01-CP-10-4292

Kenneth Simmons vs. S.C. State Ports Authority

Attorneys:

Attorneys: Plaintiff: Kevin B. Smith
Defendant: Randell C. Stoney, Jr.

Cause of Action:

Auto Accident

Verdict:

For the Plaintiff in the amount of $135,000.00 actual damages.

 

* * * *

 

02-CP-10-795

Davis Advertising, Inc. d/b/a Davis Inc. vs. D'Troff Foods, Inc., Frank Wilbourne, III, Steve Wilbourne, Nate Wilbourne and Emily Wilbourne

Attorneys:

Plaintiff: D. Nathan Hughey and Rocky L. Hughey
Defendant: Pro Se

Cause of Action:

Breach of Contract

Verdict:

For the Plaintiff in the amount of $15,128.00 actual damages and $2,455.00 punitive damages against Defendant Steve Wilbourne; for the Plaintiff in the amount of $28,296.00 actual damages and $4,592.00 punitive damages against Defendant Frank P. Wilbourne; for the Plaintiff in the amount of $20,624.00 actual damages and $3,323.00 punitive damages against Defendant Emily E. Wilbourne; for the Plaintiff in the amount of $10,050.00 actual damages and $1,631.00 punitive damages against Defendant Nate Wilbourne.

 

* * * *

 

02-CP-10-884

James Belden vs. John Doe

Attorneys:

Plaintiff: John H. Price, Jr.
Defendant: Michael S. Fahnestock

Cause of Action:

Personal Injury

Verdict:

For the Plaintiff in the amount of $14,219.00 actual damages and $3,000.00  punitive damages.

 

* * * *

 

02-CP-10-1108

Guy Thomas Jones vs. Stephen P. Wilbourne & D'Troff Foods, Inc.

Attorneys:

Plaintiff: Jay M. Bultz
Defendant: Joseph D. Thompson

Cause of Action:

Auto Accident

Verdict:

For the Plaintiff in the amount of $150.00 actual damages.

* * * *

 

02-CP-10-1169

Chris Huffines vs. Kenneth Hughes

Attorneys:

Plaintiff: David B. Yarborough, Jr.
Defendant: Sara E. Wetmore

Cause of Action:

Miscellaneous

Verdict:

For the Plaintiff in the amount of $17,007.00 actual damages.

* * * *

 

02-CP-10-1257

Richard E. Meadows vs. Professional Carpet Sales, Inc.

Attorneys:

Plaintiff: David W. Whittington
Defendant: James A. Atkins

Cause of Action:

Auto Accident

Verdict:

For the Plaintiff in the amount of $8,606.29 actual damages.

* * * *

 

 

02-CP-10-1454

Nathan David Parker vs. Betty J. Johnson

Attorneys:

Plaintiff: Steve Wukela, Jr.
Defendant: R. Gerald Chambers, Jr.

Cause of Action:

Auto Accident

Verdict:

For the Plaintiff in the amount of $39,100.00 actual damages.

* * * *

 

 

02-CP-10-2303

Rebecca L. Blanton vs. Charles D. Stuckey

Attorneys:

Plaintiff: Barry Krell
Defendant: Michael S. Fahnestock

Cause of Action:

Personal Injury

Verdict:

For the Plaintiff in the amount of $50,000.00 actual damages, after a setoff of $25,000.00.

* * * *

 

 

02-CP-10-2474

Kevin L. Geddis vs. Eastermae Hall

Attorneys:

Plaintiff: Gary A. Ling
Defendant: Douglas R. Wright

Cause of Action:

Personal Injury

Verdict:

For the Plaintiff in the amount of $4,000.00 actual damages.

 

 

FEDERAL COURT JURY VERDICTS

(there were no federal court jury verdicts for this quarter)

Search our online database for lawyers, including email addresses, areas of practice, photos, and more. Search >>

Membership Application (PDF)

P.O. Box 21136
Charleston, South Carolina (SC) 29413
Phone: (843) 881-6666
secretary@charlestoncountybar.org