As hurricane season kicks off this month, the SC Bar Young Lawyers Division and the American Bar Association YLD are preparing now for disaster-related legal assistance in South Carolina.
The YLD operates a hotline for SC residents after a Presidential declaration of a major disaster and is now seeking lawyers (of all ages and experience levels) who are willing to assist hotline callers by providing answers to basic FEMA and disaster-related questions. Most disaster survivors have basic legal questions related to FEMA applications and appeals, landlord-tenant law, construction law and insurance law that can be answered in one phone interaction. Lawyers who sign up for the hotline will be provided a free Disaster Legal Services Quick Reference Guide.
If you are interested in assisting with the hotline after a major disaster hits South Carolina, please sign up here. The SC Bar’s Pro Bono Program, which will partner with the YLD to offer a free CLE on disaster legal services on June 30, offers a variety of usefulresources for volunteer attorneyswho want to help with disaster legal services. Sign up information is available here. MCLE has been applied for and is pending approval.Partner organizations including Appleseed Legal Justice Center also offer useful disaster-related resources for thepublicandvolunteer attorneys.
UofSC School of Law Loan Forgiveness Fund
The University of South Carolina School of Law is accepting applications for the annual distribution of funds from the William McAninch Public Interest Law Loan Forgiveness Fund (PILLF).
The purpose of PILLF is to provide financial assistance to graduates of the UofSC School of Law who obtain employment in the field of public interest law and who need assistance in repaying loans for legal education. This is the 22nd year the school has distributed funding to deserving public interest attorneys in South Carolina.
The deadline for receipt of the application is June 30. Applications, Rules and FAQs are available onthe web.
It’s that time of year again to sign up for a committee with the South Carolina Bar. The Next Gen Committee recently asked committee chairs throughout the Bar to share a few words via video about their respective groups and why members should get involved. Check out the above video featuring Chisa Putman and the Next GenCommittee.
Serving on a committee introduces you to new colleagues and helps you grow in the legal profession. SC Bar committees—which are composed of Bar members from throughout the state—develop, implement and oversee many goals and programs for our organization.
All members are invited to volunteer their expertise, time and talents to benefit the SC Bar, the legal profession and the communities we serve. Learn more and sign up to serve in 2021-22 by visiting www.scbar.org/getinvolvedand be sure to watch out for more videos spotlighting different committees each week.
The SC Bar Communications team wants to hear about your accomplishments within the community! Have you given a speech at graduation or received an award or honorary degree? Are you in a new leadership position or making a difference in the community? Send us your achievements to be featured in our new "Saturday Shoutouts" on social media. Send your achievement and photos or brag on your friends and colleagues by sending a message to Jamie Metz.
YLD 5/10k recap
Last weekend, the SC Bar Young Lawyers Division hosted its Virtual 5/10k race. Participants from all over the state committed to running or walking a 5K or 10K while practicing social distancing. The proceeds raised from the race went to the SC Bar Foundation, the Make-A-Wish Foundation, and the Special Olympics. Thank you to all who participated and made this event great!
Seeking information on a will
The family of Edward Odom, Jr. is seeking information or documents about his will, which was likely written in North Myrtle Beach. Mr. Odom died in May 2021. If you have any information, please contact Kristen Odom at (910) 391-8952 or Kathy Betz at (910) 322-6808.
Hot CLEs for the season
As the days of summer approach, make time on your calendar to dive into one of these hot CLEs! Upcoming programs include:
ADVANCE SHEET UPDATES June 2, 2021 Supreme Court Opinions
In this appeal arising from a declaratory judgment action, the Court reversed the order of the court of appeals and held that section 38-77-142(C) renders Nationwide's attempt to limit the contracted-for liability insurance to the mandatory minimum void.
Nationwide v. Walls, Op. No. 28012 (S.C. Sup. Ct. filed June 2, 2021) (Shearouse Adv. Sh. No. 18 at 12) is available online.
Justice Kittredge dissented in a separate opinion in which Justice James concurred. This appeal concerns the ALC's decision to uphold DHEC's issuance of four permits and a certification necessary to construct a 2,380-foot steel sheet pile wall designed to combat the erosive forces of the Kiawah River along Captain Sam's Spit. While the Coastal Conservation League (League) raises numerous issues on appeal, the Court held the ALC erred in three respects: in accepting DHEC's narrow, formulaic interpretation of whether a permit that indisputably impacts a critical area warrants the more stringent review normally accorded to such structures; in relying on the protection of Beachwalker Park to justify the entire wall; and, in determining the public will benefit from the wall based on purely economic reasons. Accordingly, the Court reversed.
South Carolina Coastal Conservation League v. SCDHEC, Op. No. 28031 (S.C. Sup. Ct. filed June 2, 2021) (Shearouse Adv. Sh. No. 18 at 32) is available online.
Justice Kittredge concurred in a separate opinion.
Court of Appeals Opinions
In this appeal arising from a judgment granted against Appellant in a wrongful death and survival action, the court affirmed the master’s order. The court held (1) he was not entitled to self-defense immunity under the Protection of Persons and Property Act (the Act), (2) the respondent presented evidence to support a finding of wrongful death; and (3) the respondent presented evidence of conscious pain and suffering to support a survival action.
Singletary v. Shuler, Op. No. 5823 (S.C. Ct. App. filed June 2, 2021) (Shearouse Adv. Sh. No. 18 at 59) is available online.
By order of June 3, the Court granted Petitioner Michael Barnes's common law petition for a writ of certiorari requesting an order permitting him to file a successive post-conviction relief (PCR) application. The Court dispensed with further briefing, held Petitioner's application was timely filed in November 2010, directed Petitioner to file his successive application within thirty days of this decision, and instructed the parties and the PCR court to follow the procedures set forth in sections 17-27-70 and -80 of the South Carolina Code (2014).
Firm & hiring announcements
Joyner Law Firm, LLC announces that Vance Griggs has joined the firm as an associate at their office located at 605 Market St., Cheraw, 29520.
Matthew K. Johnson announces the opening of his new firm, Matthew K. Johnson Law Firm, LLC, serving local businesses and individuals in employment and commercial law matters at 141 Traction St., Greenville, 29611, (864) 326-4397.
Trammell & Mills Law Firm, LLC announces that Roy N. Trammell has become a partner located at 1650 East Greenville St., Anderson, 29621, (864) 231-7171.
By order of May 28 (page 2), the Court granted Robert Charles Ray’s motion to resign in lieu of discipline. In accordance with the provisions of Rule 35, RLDE, Mr. Ray’s resignation shall be permanent.
By order of June 2, the Court issued a public reprimand (with additional conditions) against David W. Melnyk for, inter alia, failure to act with reasonable diligence, failure to make reasonable efforts to expedite litigation, and failure to surrender client property upon termination of representation.
Community Association Law Committee June 10
Board of Governors (in-person, Columbia)
Government Law Section Council June 11
Practice and Procedure Committee
Got an Announcement? Email Jamie Metz at firstname.lastname@example.org
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