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New officers installed

The South Carolina Bar held its Annual Assembly virtually on Thursday, May 6. At that time, the following members were sworn into office: Mary E. Sharp of Beaufort, president; Hagood Tighe of Columbia, president-elect; Rusty Infinger of Greenville, treasurer; Shaheena Bennett of Moncks Corner, secretary; Sidney J. Evering, II of Orangeburg and E. Scott Moise of Charleston, board members; John O. McDougall of Columbia, Senior Lawyers Division representative; Paige Chamberlain Ornduff of Charleston and Perry MacLennan of Florence, Young Lawyers Division representatives. Hon. James E. Lockemy of Dillon and Teckla S. Henderson of Blythewood were installed as ABA State Bar delegates. A. Sandy Cruickshanks, IV of Clinton was sworn in as Senior Lawyers Division president and Jeanmarie Tankersley of Greenville was sworn in as Young Lawyers Division president. 

South Carolina Court of Appeals Judge Stephanie P. McDonald issued the oath of office to President Mary Sharp and shared a short speech about Sharp with the Assembly. 

"Mary has influenced women to pursue careers in the law and opened doors for women and women lawyers in settings historically closed to them...," McDonald said. "She does everything in her power to encourage and teach the next generation of young lawyers. She’s made not only a name for herself in the courtroom but has forged a path for other women lawyers in Beaufort County." 

Sharp, founder of Sharp Law Firm, LLC in Beaufort, has served on the SC Bar Board of Governors since 2014 and in a variety of other state and national professional leadership roles. She is a past president of both the National Conference of Women’s Bar Associations (NCWBA) and the South Carolina Women Lawyers Association (SCWLA). 

“I am proud to have the opportunity to serve my fellow lawyers and state in this new capacity,” Sharp said. “Our profession includes so many dedicated problem solvers committed to making a difference in South Carolina, and I look forward to working with these leaders to improve the profession, our communities and access to justice.” 

Immediate Past President Roy Laney thanked Bar members and leaders for their service and dedication to improving the profession and their communities throughout a challenging year. 

House of Delegates holds meeting

The SC Bar House of Delegates met virtually May 6. It passed the 2021-2022 budget and approved a request from the Family Law Section to amend bylaws. 

It also elected Robert E. Tyson, Jr. of Columbia and David B. Miller of Myrtle Beach to the Nominating Committee. Solo and Small Firm Section Lawyer of the Year Michael J. Polk of Columbia and Law Related Education Lawyer of the Year Ryan Newkirk of York were recognized. It received an update on the SC Bar Foundation. The House of Delegates will hold an in-person meeting July 30 in Beaufort. 

Seeking information on a will 

The family of Elsie Paulette Brown is seeking information or documents about her will, which was likely written in Charleston County. Ms. Brown died in January 2021. If you have any information, please contact Jonathan Gaillard at (843) 860-0239.  

Court news: Essentials in-person waiver

The South Carolina Appellate Court Rules (SCACR) requires that certain newly admitted members admitted pursuant to Rule 402, SCACR, complete an Essentials Series course administered by the South Carolina Bar. Based on the continued development of issues caused by COVID-19 and a potential lack of available in-person courses, the South Carolina Supreme Court waived the requirement that a newly admitted member attend an in-person Essentials Series course. Courses may be obtained online for the 2021-22 reporting year. Read the full court order here.  

Your Bar: Your Voice Survey reminder

All South Carolina Bar members received an email invitation from our research partner Spring International (via Your Bar: Your Voice – SC Bar Member Survey <donotreply@ mysurveytree.com) on May 3 to participate in our all-member survey.

Please take time to access the online survey and answer the questions so we can better understand our membership and your experiences in the legal profession. If you did not receive the personalized email and link, email surveyassist@springitl.com

The survey also is available at
 https://mysurveytree.com/SCBar. Note if you access the survey from this link, you will have to enter your Bar number without leading zeros.  

A reminder invitation will be sent to members who have not yet completed the survey on May 10.  

Launching this comprehensive membership survey is a critical milestone in our Five-Year Strategic Diversity Plan. The survey will be available through May 24 and will take approximately 15 minutes to complete. Feedback is confidential

Books for SC families in need

The Young Lawyers Division and the SC Chapter of The Links, Incorporatedkicked off a book drive for children and families in need last month. Drop off your new or gently used books for elementary school aged children and their parents through May 17. Drop off in the lobby of the SC Bar Building at 950 Taylor St., Columbia. Email Kimberly Snipes with questions. 

Well-Being Week continues

The SC Bar is continuing its celebration of Well-Being Week in Law. This national observance, organized by the Institute for Well-Being in Law, shines a spotlight on the importance of physical, mental, social, emotional and mental well-being in the profession. If you’ve been following our social media takeovers, you may have seen some of our outstanding Wellness Committee members, Jeanmarie Tankersley, Leslie McIntosh, John Hearn, and Margaret (Meggie) Baker, share their wellness stories and tips. Be on the lookout for a great wrap up from Wellness Committee Chair Lindsay Joyner on Friday! 

Board of Paralegal Certification appointments

The South Carolina Supreme Court has made the following appointments to the Board of Paralegal Certification. Dr. April Taylor is appointed as chairperson of the board. Attorney members appointed are Meliah Bowers JeffersonHervery B. O. Young, and Julie K. Martino. The paralegal member appointed is Jamie I. Early.   

Thanks, Midlands Gives donors

The South Carolina Bar Foundation participated in Midlands Gives on Tuesday, setting a goal to raise $7,500. Thank you to the 59 donors who participated and helped raise a total of $7,092. Join us in congratulating the Foundation on a successful fundraiser!

Add these CLEs to your May calendar

May is packed with Live Webcasts to help keep your skills sharp and practice of law effective. Mark your calendars for this action-packed live webcast line-up:

2021 Recent Developments in Employment Law
May 14; Cost: $250 / Credits: 6.0 MCLE / 6.0 ELL Specialization Credit

Law Firms Face the Scourge of Ransomware: How to Prevent, Respond, Recover
May 18; Cost: $70 / Credit: 1.0 MCLE

Advance Directives - Ethical Overview
May 20; Cost: $70 / Credit: 1.0 MCLE, 1.0 LEPR

30 Tech Tips in 30 Minutes
May 26; Cost: $40 / 0.50 MCLE

 
Hot off the press
 
Practicing before the United States Court of Appeals for the Fourth Circuit: A Guide from Start to Finish is a useful resource that will help attorneys feel more comfortable before the Fourth Circuit so that they can focus their efforts on providing their clients and colleagues with skilled representation and effective advocacy. Purchase your copy today.

 

On-demand: anytime, anywhere

On-demand courses are another convenient option the SC Bar provides as recorded programming from the live seminars. Browse these programs below:

Driving Under the Influence: DUI in Magistrate Court
Cost: $70 / Credit: 1.25 MCLE

SC Trial Evidence: Tips to Simplify Evidentiary Issues & Increase Recall
Cost: $70 / Credit: 1.41 MCLE

Landlord Tenant: Residential Landlord Tenant Act
Cost: $70 / Credit: 0.91 MCLE

4th Amendment: Search and Seizure Law in Magistrate Court
Cost: $70 / Credit: 1.3 MCLE

ADVANCE SHEET UPDATES
May 5, 2021

   Court of Appeals Opinions    
                               
In this appeal arising from Opternative, Inc.'s (Opternative) action challenging the constitutionality of sections 40-24-10 and 40-24-20 of the South Carolina Code (Supp. 2020), the court reversed and remanded. The court held the trial court erred in finding Opternative had not suffered an injury in fact because it could change its business model to comply with the Act. Although the State can regulate businesses and business models in pursuit of protecting the public, those affected by such laws have the right to challenge their validity. In addition, the court held the trial court erred in finding there was no causal connection between Opternative's injury and the Act. The evidence, when viewed in the light most favorable to Opternative, shows a "substantial likelihood" that the Act caused Opternative's injury. Further, the court held the trial court erred in finding Opternative failed to show a favorable decision would redress its injury. When viewed in the light most favorable to Opternative, the evidence indicates that a favorable decision would redress Opternative's injury. 
 
Opternative, Inc. vs. SC Board of Medical Examiners, Op. No. 5818 (S.C. Ct. App. filed May 5, 2021) (Shearouse Adv. Sh. No. 15 at 24) is available
online.  
Announcements
Firm & hiring announcements

Gallivan White Boyd announces that the following attorneys have joined the firm, Kyle McGann and Makenzie Polston, Columbia; Ian Conits, Greenville; and Julia Ann Bradshaw, Charleston.   

Meredith Law Firm announces that Eric H. Nelson has joined the firm as an associate attorney in the Columbia office located at 1901 Assembly Street, Columbia, SC 29201. 


In memoriam
University of South Carolina School of Law Professor Howard B. Stravitz, 73, died April 30. His obituary is available online
Upcoming Events:

May 11
Corp. Council 
May 14
Unauthorized Practice of Law Committee

*All meetings are virtual
Event Calendars:
Got an Announcement? Email Jamie Metz at jamie.metz@scbar.org
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