SC BAR NEWS - South Carolina Bar

Transcription

SC BAR NEWS
Middle schools advance to state
mock trial competition
CONGRATULATIONS TO THE 12 MIDDLE SCHOOLS THAT
ADVANCED FROM THE MIDDLE SCHOOL MOCK TRIAL
REGIONAL COMPETITIONS ON NOV. 3. Crayton (Columbia), Dent
(Columbia), Dutch Fork (Irmo), Forestbrook (Myrtle Beach), Hammond
(Columbia), Hand (Columbia), Johnston Edgefield Trenton (Johnston),
Johnsonville, Myrtle Beach, N. Myrtle Beach (Little River), Ocean Bay
(Myrtle Beach) and Springfield (Ft. Mill) will compete in the state competition Dec. 7-8 in Lexington.
The Law Related Education (LRE) Division thanks the attorney
coaches, presiding judges, scoring judges and regional coordinators
who made the regional competitions a success. The complete list of
volunteers can be found on page 12. The LRE Division also thanks the
Marc H. Westbrook Lexington County Judicial Center, Greenville
County Courthouse and Conway Courthouse for providing the facilities that made the competitions possible.
Bar launches online community
WITH A CONTINUED EMPHASIS ON RECOGNIZING THE ROLE OF
TECHNOLOGY in the way members practice and network, the S.C.
Bar has launched MyBar, a branded private social community open
only to S.C. Bar members. MyBar works similar to Facebook and integrates with the Bar's database to allow members to more easily interact with their peers. Through MyBar, like-minded Bar members can
communicate with each other, receive important information from
their member Sections and gain opportunities for professional growth.
Come on over to MyBar at
http://mybar.scbar.org! For
help getting started, watch
the how-to video at
http://mybar.scbar.org/
MyBar/HowtoVideo.
December 2012 | Vol. 25, No. 2
FEATURED ARTICLES:
2
Constitution and bylaw
amendments proposed
3
2013 Convention: Early
registration ends Dec. 3!
3
License fees due Jan. 1
11
S.C. hosts ABA YLD Fall
Conference
23
Financial Statements
24
Section Operating Funds
RECURRING:
20
Bar Bytes
4
Bar Foundation News
26
Calendar
9
Casemaker Corner
14
CLE News
6
Firm Announcements
8
Health and Wellness
18
Lawyers Helping Lawyers
12
Legal Administrator News
23
Lending Library Spotlight
22
Risk Management
BOARD OF GOVERNORS
Angus H. Macaulay
President
Alice F. Paylor
President-Elect
J. Calhoun Watson
Treasurer
Anne S. Ellefson
Secretary
A. Marvin Quattlebaum Jr.
Immediate Past President
William K. Witherspoon
Chair, House of Delegates
James Edward Bradley
Kathryn Cook DeAngelo
George C. Johnson
William R. Johnson
LeRoy Free Laney
Nancy S. Layman
E. Brown Parkinson Jr.
Thomas E. Pope
Board of Governors meets
THE BOARD OF GOVERNORS MET NOVEMBER 15 AT THE
BAR BUILDING.
The Board approved recommendations from the
Conventions Committee regarding registration rates and the
2017 Convention location, which will be Greenville.
The Board approved a request from the Resolution of Fee
Disputes Board to waive the filing fee for filing certificates of
non-compliance. The request will be forwarded to the S.C.
Supreme Court.
John Moorman was elected to a vacancy for the Third
Judicial Circuit in the House of Delegates. Elizabeth G. Howard
was elected to a vacancy for Out of State Delegates.
The Board received a report on meetings with members of
the Abbeville, Allendale, Greenwood, Hampton and
McCormick county bars.
The Board also received a report on efforts to revitalize the
Bar's Pro Bono Program, including meetings with past presidents and local bar leaders to identify needs in different geographical areas of the state; launch of the sclawanswers.org
public website; and availability of online resources for Bar
members performing pro bono work.
Edward K. Pritchard III
Rebecca A. Roser
Elizabeth H. Warner
David W. Whittington
Elizabeth Biggerstaff York
Managing Editor
Leigh Thomas
lthomas@scbar.org
Graphic Designer, Aldrena Corder
SC Bar News is published in February,
April, June, October and December by
the South Carolina Bar, P.O. Box 608,
Columbia, SC 29202-0608. (803) 7996653. www.scbar.org. The publication is
provided as a membership benefit to all
Bar members. Copyright © 2012 South Carolina Bar.
2
December 2012 | SC Bar News | www.scbar.org
Constitution and bylaw
amendments proposed
BY ORDER OF MAY 7, 2012, THE S.C. SUPREME COURT
AMENDED RULE 410, South Carolina Bar, SCACR, with an
effective date of January 1, 2013. Resulting revisions to the
Bar Constitution and Bylaws will be considered by the House
of Delegates in January. The House will also consider changes
to the Bylaws to reflect the creation of Law Student Affiliate
and Member Affiliate categories.
To review the full text of the proposed amendments,
please visit http://bit.ly/X8Wi8G
2013 Convention: Early registration ends Dec. 3!
DON’T MISS OUT ON THE 2013 CONVENTION,
TO BE HELD AT THE MYRTLE BEACH
MARRIOTT RESORT & SPA JANUARY 24-27. In
addition to an outstanding CLE line-up, the
Convention offers something for everyone. Here
are just a few highlights:
• Honor the lives and contributions of distinguished deceased Bar members by attending the
annual Memory Hold the Door ceremony.
• Participate in the President’s Welcome Reception
on Thursday at the Dunes Golf & Beach Club.
• Hear remarks by Chief Justice Jean Toal, in addition to the presentation of the Bar Foundation's
DuRant Award, at Friday’s Plenary Luncheon.
• Attend the Judicial Reception on Friday night,
followed by a party at the famous House of Blues
restaurant.
• Finally, is it a workout or is it a party? Find out
by taking part in Zumba classes on Friday and
Saturday mornings.
REGISTER TODAY!
Visit www.scbar.org/convention for hotel
information, updates about this year’s events and
to register online.
License fees due January 1
LICENSE FEE STATEMENTS HAVE BEEN
MAILED, AND FEES ARE DUE BY JANUARY 1,
2013. Any member who fails to pay these fees on
or before January 1 shall not be eligible to practice
law in South Carolina. Any member who fails to
pay these fees on or before January 31 shall be
assessed a penalty of 50 percent of such license
fees. Membership of all persons who remain delinquent at the close of business on January 31 shall
be terminated, and the Bar’s Executive Director will
notify the clerk of the Supreme Court, circuit court
judges, family court judges, federal district court
judges in the District of South Carolina and the
county clerks of court of such termination.
• Please note that the Bar cannot accept
your license fee payment until you have verified your contact information in the S.C.
Supreme Court’s Attorney Information
System (AIS) at www.sccourts.org/ais.
• Statements will reflect your current membership category. Member category is determined by
your first date of admission in any Bar or jurisdiction.
• If your statement has one of the letters A-Q
following “Exemption From Appointments,” then
you are noted in the Bar’s database as being
exempt from appointment. For an explanation of
the exemption code, please refer to Rule 608,
SCACR.
• Rule 412(g) requires that Bar members certify
compliance with the Interest on Lawyer Trust
Accounts Program (IOLTA) rule or indicate that the
member has been granted exemption by the Bar
Foundation. Please make any appropriate changes
on your statement.
If you have questions about your statement,
please contact Libby Breitenbaugh at (803) 7996653, ext. 165 or lbreitenbaugh@scbar.org.
Pay dues online at www.scbar.org/renewdues
3
BAR FOUNDATION NEWS
Tribute GIFTS
The Bar Foundation acknowledges
those who have made gifts in memory
or honor of a colleague or friend of the
Bar for the months of September and
October 2012. Names in bold denote
the honoree.
IN MEMORY OF
Jackson L. Barwick Jr.
Hon. T.L. Hughston Jr.
Kathryn Anne Bockman
D. Michael Henthorne
Michael S. Church
Catherine H. Kennedy
Martha B. Dicus
Barton Law Firm
Hon. Debora A. Faulkner
Elizabeth Van Doren Gray
Justice Kaye G. Hearn and
George M. Hearn Jr.
Debra E. Stokes
Robert S. Wells
Coming B. Gibbs Jr.
Debra E. Stokes
Julian H. Gignilliat
R. Read Gignilliat
Hon. Baxter “Hicks” Harwell Jr.
Mr. and Mrs. Mark W. Buyck Jr.
Hon. J. Ernest Kinard Jr.
Leigh Hunter
Gertrude L. Bates
Debra E. Stokes
Hon. James W. Johnson Jr.
A. Cruickshanks IV
James Marvin “Bo” Mullis Jr.
Russell T. Infinger
Hon. J. Ernest Kinard
Hon. and Mrs. Howard P. King
D. Michael Parham
Robert S. Wells
Tributes, continued on next page.
4
Leave a Legacy through Your
Profession
MAKING A LASTING IMPACT THROUGH YOUR GIVING MAY
SEEM LIKE A DIFFICULT TASK—ESPECIALLY DURING
THESE CHALLENGING ECONOMIC TIMES. However, it is not
as insurmountable as you might think.
Consider these options:
1. Name the Foundation as a full or partial beneficiary
of a life insurance policy.
2. Name the Foundation as a beneficiary of your retirement account. As 401(k) accounts and Individual Retirement
Accounts have become the savings vehicle of choice for many
Americans, tax-deferred accounts have become one of the
largest assets many donors have to give to a favored charity.
Unlike an individual beneficiary, a charity will not owe income
taxes upon withdrawing the assets in the account.
Individuals over 70.5 years of age are required to make distributions from their IRAs each year. For the 2012 tax year, individuals do not have the opportunity to make tax-free
distributions from IRAs for charitable purposes. However, individuals can still use IRAs for charitable gifts, but the distribution
from the IRA will count as income and the gift to charity is
recorded as a deduction. Though the wonderful tax advantage
for gifts during your life is no longer available, you can still
name your favorite charity as the beneficiary of your IRA.
3. Name the Bar Foundation in your will. I give $xxx to
the South Carolina Bar Foundation, Inc., a nonprofit corporation
qualified under Section 501(c)(3) of the Internal Revenue Code,
located in Columbia, South Carolina, to be used for its exempt
purposes.
4. Make a gift of an appreciated security. When you gift
appreciated securities to the Bar Foundation, you are able to
deduct the market value of the stock at the time of the donation and the Foundation is able to sell the stock without paying
capital gain taxes.
In December 2009, the Bar Foundation received a generous
gift from the estate of Rusty Weinberg Jr. of Sumter. In his honor,
the Foundation has established The Weinberg Society. The
Society listing includes individuals who have made estate gifts
in excess of $10,000 to the Bar Foundation and those who
make gifts through planned giving instruments. The Foundation
is able to provide the necessary tax exemption information to
Foundation, continued on next page.
Foundation, continued from previous page.
your attorney and financial advisor. After making
the decision to make a planned gift, please be
sure to let us know so that we can thank you
appropriately and showcase the excellent example
you set for other members of the profession.
Members of The Weinberg Society are listed at
www.scbarfoundation.org/weinberg.asp.
Foundation continues support of Memory
Hold the Door
The Bar Foundation is pleased to continue its
support of the South Carolina Bar and the
University of South Carolina School of Law’s
Memory Hold the Door program. Memory Hold the
Door was established in 1958 to preserve “the
spirit and high ethical and professional standards
of past leaders of the legal profession.”
The Foundation contributes funds in memory of
those selected by the Memory Hold the Door com-
mittee. The funds will be used to promote the welfare of the legal profession by funding lectures,
student scholarships as well as academic research
and related programs.
This year’s honorees will be celebrated on
Thursday, Jan. 24, at the Bar Convention. The
2013 honorees are Charles E. Baker, Reginald C.
Brown Jr., James S. Chandler Jr., Hon. Louis
Condon, Julian H. Gignilliat, Hon. Thomas
Kemmerlin Jr., Clarke W. McCants Jr., Hon. Jamie L.
Murdock Jr., D.V. Richardson III and Emil W. Wald.
Individuals and law firms wishing to honor the
selection of an individual to Memory Hold the
Door should do so with a tribute gift to the Bar
Foundation. Please contact Shannon Willis Scruggs
(shannon.scruggs@scbar.org) with questions or
simply send your gift to the Foundation office at
P.O. Box 608, Columbia, SC 29202.
Tributes, continued from previous page.
Morris D. Rosen,
S.C. Bar President 1979-80
ABOTA—Charleston, SC Chapter
Gloria M. Bell
Hon. Sol Blatt Jr.
George B. Cauthen
Alison Corner and Albert Vandam
Ernest W. Corner Jr.
Elaine H. Fowler
Harrison White Smith & Coggins, PC
Clara H. Heinsohn
Russell B. Kelly
Lewis Babcock & Griffin, LLP
Mr. and Mrs. Charles Marcus
Thomas F. McDow
Joseph S. Mendlesohn
Mr. and Mrs. Gerald Meyerson
Bonnie Rosen Moses
Christopher B. Paton
C. Joseph Roof
Debra A. Rosen
Kathryn L. Rosen
Louise L. Rosen
The Sherman Family
Rita and Melvin Solomon
Debra E. Stokes
James A. Stuckey Jr.
Shawn R. Willis
Wyche, PA
John Knight Rutenberg
Thomas & Brittain, PA
Claude M. Scarborough Jr.
S.C. Bar President 1975-76
Bar Foundation President 1979-81
Susan B. Berkowitz
Hon. Sol Blatt Jr.
Bleecker Law Firm
George B. Cauthen
Robert W. Foster Sr.
Knox L. Haynsworth Jr.
Russell T. Infinger
Mr. and Mrs. Jacob H. Jennings
Catherine H. Kennedy
Hon. J. Ernest Kinard Jr.
Lewis Babcock & Griffin
Mrs. Heyward E. McDonald
Julie J. Moose
Elaine and Gene Morehead III
Mr. and Mrs. John A. Parrott
Edward P. Perrin
A. Marvin Quattlebaum Jr.
Robert Julian Thomas
Robert S. Wells
Mr. and Mrs. Robert P. Wilkins Sr.
Hon. Billy A. Tunstall Jr.
Justice Kaye G. Hearn and
George M. Hearn Jr.
Charles Otis Warren
Eugene N. “Nick” Zeigler Jr.
Leslie A. Cotter Jr.
IN HONOR OF
Mr. and Mrs. Robert T. Bockman
D. Michael Henthorne
Frank W. Cureton
C. Diane Smock
Angus H. Macaulay
James Edward Bradley
John Gregg McMaster
Carole and Roger Jellenik
David A. Merline
Debra J. Gammons
5
FIRM ANNOUNCEMENTS
To submit a firm announcement, please fax to Kylie Moran
at (803) 799-4118 or e-mail kmoran@scbar.org.
F. Miles Adler announces that Morgan
Adler Buxton Jetel is now Morgan Adler
and that its Pawleys Island office has relocated
to 38 Black Gum Rd., Ste. C D, 29585.
(843) 314-3204.
Advance America, Cash Advance
Centers, Inc. announces that Harry V.
Ragsdale has joined the company as associate corporate counsel located at 135 N.
Church St., Spartanburg 29306.
(864) 342-5715.
Shannon Byrdic Anderson announces the
opening of The Law Office of Shannon
Byrdic Anderson, LLC located at 1637
Savannah Hwy., Ste. 202, Charleston 29407.
(843) 696-1868.
The Bright Matthews Law Firm, LLC
announces its relocation to 205 E. Washington
St., Walterboro 29488. (843) 549-6028.
Carlock, Copeland & Stair, LLP announces
that Kristen M. Kelley has joined the
Charleston office as an associate located at 40
Calhoun St., Ste. 400, 29401. (843) 727-0307.
William P. Jones has become general counsel
in the Atlanta office located at 191 Peachtree
St., N.E., Ste. 3600, 30303. (404) 522-8220.
Clawson and Staubes, LLC announces that
Amanda L. Callander has become of counsel
and Nicholas R. Sanders has become an
associate in the Charleston office located at
126 Seven Farms Dr., Ste. 200, 29492. (843)
577-2026.
R. Scott Dover Law Office announces that
Sean J. Hinton has joined the firm as an
associate located at 221 Hampton Ave.,
Pickens 29671. (864) 878-0662.
M. Gwyn DuBose-Schmitt, Attorney at
Law announces the opening of its satellite
office located at 100-F Miracle Mile, Anderson
29621. (864) 260-0112.
Zach Ellis and Wes Boyd announce the
opening of Boyd & Ellis, LLC located at 111A E. North St., Greenville 29601. (864) 9918738.
Finkel Law Firm, LLC announces that
Leigh R. Bailey has joined the firm as an
associate located at 4000 Faber Place Dr., Ste.
6
450, N. Charleston 29405. (843) 577-5460.
Susan M. Gaddy announces the relocation
of The Gaddy Law Firm, LLC to 260 W.
Coleman Blvd, Ste. B, Mt. Pleasant 29464.
(843) 388-7062.
Gibbs & Holmes announces that Cheryl H.
Ledbetter has joined the firm as of counsel
located at 171 Church St., Ste. 110, Charleston
29401. (843) 722-0033.
Carla Faye Grabert-Lowenstein, LLC
announces its relocation to 314 Main St.,
Conway 29526. (843) 488-0912.
Graham Law Firm, PA announces that J.
Layton Ruffin has joined the firm located at
383 W. Cheves St., Florence 29503.
(843) 662-3281.
Hamilton, Martens and Ballou, LLC
announces that Beverly A. Carroll has joined
the firm as a member and that it is now
Hamilton Martens Ballou & Carroll, LLC
located at 130 E. Main St., Rock Hill 29730.
(803) 329-7672.
W. Jonathan Harling and Rebecca B.
West announce the opening of Harling &
West, LLC located at 203B W. Main St.,
Lexington 29072, (803) 957-0889. Allie B.
Bullard is of counsel with the firm.
Harrison & Radeker, PA announces that F.
Casey D. Cornwell has joined the firm as an
associate located at 923 Calhoun St., Columbia
29201. (803) 779-2211.
Thomas H. Hart III, Gregory L. Hyland
and Andrew T. Shepherd announce the
opening of Hart Hyland Shepherd, LLC
located at 207 E. First North St., Summerville
29483, (843) 410-0711. Katherine H.
Hyland has joined the firm as an associate.
Haynsworth Sinkler Boyd, PA announces
that Richard "Rick" A. Brisbin has joined
the Charleston office located at 134 Meeting
St., 3rd Floor, 29401. (843) 722-3366.
Henderson, Brandt & Vieth, PA
announces that Mark Alan Nowell has joined
the firm located at 360 E. Henry St., Ste. 101,
Spartanburg 29302. (864) 582-2962.
HunterMaclean announces that David M.
Burkoff has joined the Savannah office
located at 200 E. Saint Julian St., 31401. (912)
236-0261.
Hyde Law Firm, PA announces its relocation to 753 E. Main St., Ste. 1, Spartanburg
29302. (864) 840-6330. Alexander P. Lewis
has joined the firm as an associate.
Jackson Lewis, LLP announces that Sandi
R. Wilson has joined the Greenville office
located at 55 Beattie Place, Ste. 800, 29601.
(864) 232-7000.
The Douglas Jennings Law Firm, LLC
announces that Mason William King has
joined the firm located at 151 Broad St.,
Bennettsville 29512. (843) 479-2865.
Mike Kelly Law Group announces that Jill
Wright has joined the Myrtle Beach office
located at 816 Broadway St., 29577. (843)
946-7550.
Kernodle, Root & Coleman announces
that Sarah L. Fragale has joined the James
Island office located at 914 Folly Rd., 29412.
(843) 795-7800.
Leath, Bouch & Seekings, LLP announces
that Yancey A. McLeod III has joined the firm
as an associate located at 92 Broad St.,
Charleston 29401. (843) 937-8811.
Littler Mendelson, PC announces that
Kiosha H. Dickey has joined the firm located
at 1201 Main St., Ste. 1930, Columbia 29201.
(803) 231-2500.
Catherine B. MacKelcan announces the
opening of The Law Office of Catherine
Bryan MacKelcan, LLC located at 764 St.
Andrews Blvd., Charleston 29407.
(843) 259-2076.
McDowell Knight Roedder & Sledge, LLC
announces that Fraser Reid has joined the
firm located at 11 N. Water St., Ste. 13290,
Mobile, AL 36602. (251) 432-5300.
Moore, Johnson & Saraniti, PA announces
that Angela D. Harrison has joined the firm
as an associate located at 1271 Glenns Bay
Rd., Surfside Beach 29587. (843) 650-9757.
Murphy & Grantland, PA announces that
Jason P. Luther and Chad E. Poteat have
joined the firm located at 4406-B Forest Dr.,
Columbia 29206. (803) 782-4100.
Nelson Mullins Riley & Scarborough,
LLP announces that Renee Dankner has
joined the Columbia office located at 1320
Main St., 17th Floor, 29201. (803) 799-2000.
Parker Poe Adams & Bernstein, LLP
announces that Felicia S. Preston has joined
the Columbia office located at 1201 Main St.,
Ste. 1450, 29201. (803) 255-8000.
David R. Price Jr. announces the opening
of David R. Price Jr., PA located at 318 W.
Stone Ave., Greenville 29609. (864) 271-2636.
Rudisill, White & Kaplan, PLLC
announces that Jeff Gilbert has joined the
firm located at 212 S. Tryon St., Ste. 1440,
Charlotte, NC 28281. (704) 378-8888.
Savage, Royall & Sheheen, LLP
announces that Michael Wright has joined
the firm located at 1111 Church St., Camden
29020. (803) 432-4391.
The S.C. Department of Corrections
announces that Bradford A. Rawlinson has
joined the general counsel’s office as staff
attorney located at 4444 Broad River Rd.,
Columbia 29210. (803) 896-8508.
Law Office of Kelly A. Seabrook
announces its relocation to 1803 Hampton St.,
Columbia 29201. (803) 251-2288.
Peter G. Siachos announces that
Chronakis Siachos, LLC is now Chronakis
Siachos & Kaplan, LLC with offices located
at 50 Harrison St., Ste. 315, Hoboken, NJ
07030, (201) 792-7777, and 260 Madison
Ave., 18th Floor, New York, NY 10016, (212)
953-0000.
Smith Moore Leatherwood, LLP
announces that Mary B. Ramsay has joined
the Charleston office located at 25 Calhoun
St., Ste. 250, 29401. (843) 300-6600. T.
Foster Haselden has joined the Greenville
office located at 300 E. McBee Ave., Ste. 500,
29601. (864) 242-6440.
Rob Sneed announces the closing of Rob
Sneed Law Firm, LLC in Greenville. He is an
Army attorney and works at the Office of Chief
Defense Counsel, Pentagon, Arlington, VA. He
can be reached at P.O. Box 17221, Arlington,
VA 22216, (703) 696-9490, ext. 125 or
robert.sneed@osd.mil.
Firm Announcements, continued on page 9.
7
HEALTH AND WELLNESS
It’s Time to Plan for a
Healthy 2013
EACH DECEMBER WE ARE SO BUSY WITH THE
HOLIDAYS, ENDING PROJECTS AT WORK,
wrapping up school with our children for the year
and trying to get in last minute appointments with
our doctor before we start a new deductible. If we
were lucky, we didn’t experience any major health
emergencies or hardships and we got through
another year relatively well. On the other hand, we
all have friends or family who weren’t so lucky.
Were they prepared for what happened? Were they
already set up with a primary care physician? Did
they actually do everything they could to prevent
the medical situation from arising?
Since January is usually the time for New Year’s
resolutions that often center on exercise and
healthier eating, let December be a time for planning your health maintenance program for the
New Year. Your health maintenance program
should focus on preparation and prevention. As
we have been hearing about health care reform, it
is evident that prevention is a component we all
need to take more seriously. It’s not only about
reducing our risk of chronic diseases, but reducing
our costs as well. Rather than waiting for the day
when we need to consult a doctor for advice,
medication or treatment, get a jump start and be
proactive. The following list points out the components that should be included in your Personal
Health Maintenance Plan.
• Choose a Primary Care Physician (PCP):
The best time to do this is when you aren’t in dire
need of one! A few things to keep in mind: choose
a doctor in your network, make sure the practice
is accepting new patients, and use this time to
garner input or referrals from friends and family
who have had good experiences with a specific
physician. A PCP is vital in helping manage your
medical and family history. Take time to build a
relationship with this individual so you feel confi8
dent in his/her recommendations in the event of a
serious situation.
• Be a compliant patient/individual: You can
lead a horse to water but you can’t make him
drink. You can have the best doctor in town, the
most effective cholesterol medication or the fittest
trainer, but if you are not compliant with the recommendations, there is absolutely no value to
you. You must take personal responsibility for
your own health. When success rates are
researched in most weight loss plans, fitness plans
and cholesterol lowering strategies, it comes down
to active participation. Take control of your health
destiny!
• Review the recommendations and take
advantage of your preventive screenings:
Cost should not be the deciding factor on whether
you participate in preventive screenings; age, sex
and family history may designate what is appropriate for you at certain times in your life. Preventive
screenings can lead to early detection and treatment of disease. Talk to your physician to develop
your plan and timeline for screenings.
• Utilize the hospital when medically necessary, but do your homework: The emergency room is inappropriately used in many cases,
resulting in longer wait times, higher cost to the
individual and insurance plan, and lack of important information by the treating physician. Your
PCP will be able to more efficiently treat non-emergency situations based on your medical and family
history. Hospitals tend to charge more than outside facilities for procedure costs such as MRIs, CT
scans, x-rays and other diagnostic testing. If you
are planning ahead of time, check with your insurance plan to find out who offers the most cost
effective procedures in your network. It can vary
tremendously with different locations.
Contributed by Southeastern Insurance
Consultants, plan administrator for the Bar Group
Medical Plan under Carolina Care Plan and Group
Dental Plan under Guardian, (866) 567-2227, ext.
2112.
Firm Announcements, continued from page 7.
Teschner Law Firm, LLC announces its
relocation to 3 Lockwood Dr., Ste. 204,
Charleston 29401. (843) 937-0027.
Tompkins & McMaster, LLP announces its
relocation to 1530 Richland St., Columbia
29201. (803) 799-4499. The mailing address
remains P.O. Box 7337, Columbia 29202.
Turner Padget Graham and Laney, PA
announces that Lauren Thorne Maxwell has
joined the Greenville office located at 200 E.
Broad St., Ste. 250, 29601. (864) 552-4600.
The Law Firm of Regina B. Ward, LLC
announces that Caitlin M. Epley has joined
the firm located at 1017 Fourth Ave., Conway
29526. (843) 488-9273.
Wilkes Law Firm, PA announces that
Elizabeth "Beth" Fritz Bailey has joined the
Charleston office located at 200 Meeting St.,
Ste. 205, 29401. (843) 737-6229.
John L. Wilson announces that Wilson &
Bratt, PA is now Wilson S.C. Law Firm, PA
and remains located at 3600 Main St., Ste.
100, Hilton Head Island 29926.
(843) 681-6300.
Wilson & Heyward, LLC announces that
Megan Stevens Murph has joined the firm as
an associate located at 924 Folly Rd.,
Charleston 29422. (843) 762-4567.
Barbara “Bobbie” Wofford-Kanwat
announces that she has been appointed a fulltime magistrate judge in Richland County with
offices located at 1400 Huger St., Columbia
29202. (803) 576-2341.
Womble Carlyle Sandridge & Rice, LLP
announces that Laurel Blair has joined the
Charleston office located at 5 Exchange St.,
29401. (843) 722-3400.
Wyche, PA announces that Honore N.
Hishamunda and Christopher B. Schoen
have joined the firm located at 44 E.
Camperdown Way, Greenville 29601.
(864) 242-8200.
Casemaker Corner
How do you like the new
Casemaker?
The new version of
Casemaker officially launched
at the end of August. Now
that you’ve had some time to
explore the new features, let
us know what you think! Click the yellow button
(see above) at the bottom of the Casemaker
page to give us some feedback. On the same
page, you can also find a link to the User Guide
and a helpful tutorial video with some great tips
for making the most of the new Casemaker.
Remember, you can still access the old version
for the next year by clicking the “Back to 2.2”
link after logging into the new Casemaker.
For Casemaker assistance, please e-mail
casemaker@scbar.org.
“Like” the Bar on Facebook or
follow us on Twitter!
Visit www.facebook.com/
southcarolinabar or search
“South Carolina Bar” from your
Facebook account. Fans will
receive updates on Bar activities,
news items and website additions. Follow the Bar on Twitter
at twitter.com/scbar and Bar
President Angus Macaulay at
twitter.com/scbarpres2012.
9
2012 Middle School Mock Trial
The SC Bar Law Related Education (LRE) Division thanks the following volunteer attorney coaches,
judges, and Mock Trial Coordinators that made the regional competitions such a success:
Phillip Bryan Atkinson
James E. Bain
Dare Perry Bailey
Janice Marie Baker
Daniel Joseph Ballou
Marsha M. Banks
Deborah B. Barbier
Kimberly Veronica Barr
Brett Harris Bayne
Alexis S. Bell
Christa Tidwell Bell
Randy Allen Beverly, Jr.
Joseph Bias
Christina Agnes Bisset
Chauntel Demetrius Bland
Nikole Haltiwanger Boland
Nashiba D. Boyd
Bryan Westley Braddock
Patti Brady-Meece
George W. Branstiter
Hon. David Craig Brown
Robert B. Bryan
Amy E. Burke
James H. Burns
Blakely Copeland Cahoon
William Thomas Causby
James K. Cluverius, Jr.
Lucile Hartley Cohen
Darra James Coleman
Elizabeth Schwartz Corn
Nancy Gunter Cote
Stephen M. Cox
Charles W. Crews, Jr.
Jill Long Crosswell
Jenna Yvonee Crum
C. Jennalyn Dalrymple
Darquetta Nichole Davis
Travis Dayhuff
John DeLoache
Lir Patrick Derieg
Delores "Dori" A. Ditty
Walter George Dusky
Karen E. Edwards
10
Sarah Theresa Eibling
Steven Douglas Epps
Julie Annette Flaming
Margaret "Peg" M. Fox
Melissa Meyers Frazier
Kathryn Walsh Gooch
Megan Kendall Gresham
Hon. Griffith M. Anderson
Susan Barber Hackett
Ronald Jason Hall
Jason Chad Halliburton
William D. Harter
Doward Keith Karvel Harvin
Hon. John C. Hayes, III
Robert Andrew Hedesh
Helen "Sam" Hodges
Kathleen J. Hodges
Joshua David Holford
Laura Bardsley Houck
Jennings Scott Hucks
Megan Catherine Hunt
Edward B. Davis Inabnit, Jr.
Melissa Anne Inzerillo
Charles Bernhart Jordan, Jr.
R. Scott Joye
Jerome Scott Kozacki
Katherine Dunbar Landess
Hon. Jack Landis
Gary Craig Lemel
Richard Everett Lester
John R. Lester
Candice A. Lively
Hon. James Edward Lockemy
Robert Edward Lominack
Ian D. Maguire
Blair Ballard Massey
Davida Mathis
William G. Mayer
Keely McComb McCoy
J. Edwin McDonnell
Walton James McLeod, IV
Meredith Ann McMillan
Maurice McNab
Samantha Murphy
Timothy W. Murphy
Susan Hills Nelson
Louis David Nettles
Melanie Carol Nicholson
Eric A. Paine
Rodney F. Pillsbury
Brandon Keith Poston
Barbara Wilson Pratt
Mary Kathryn Leigh Rector
Jennifer Ellis Roberts
Hon. John M. Rucker
Ronnie Allen Sabb
Bryn Collette Sarvis
Karen A. Sauls
Stephen D. Schusterman
Barbara Marie Seymour
Thomas McRoy Shelley, III
Evan Meyer Slavitt
Kathryn Harper Sligh
Laurence "Brad" Smith
Dominic Allen Starr
David F. Sullivan
Joseph E. Thoensen
Kimberly Truluck Thomason
Stacy E. Thompson
Christina Brice Thompson
Stephanie Kristan Toronto
Johanna Catalina Valenzuela
Gene Palmer Vaught III
Flo Lester Vinson
Hon. Jerry Vinson, Jr.
Matthew Lee Walker
Holly Huggins Wall
Harriet Pollitt Wallace
Aaron G. Walsh
Robert Williams
William David "Danny" Wilson, Jr.
Carrington S. B. Wingard
Mark Wise
Elizabeth Patterson Wiygul
S.C. hosts ABA YLD
Fall Conference
THE S.C. BAR YOUNG LAWYERS
DIVISION HOSTED YOUNG
LAWYERS FROM ACROSS THE
COUNTRY at the ABA Young
Lawyers Division’s 2012 Fall
Conference in Charleston October 1820. The event marked the culmination of several years of efforts by
South Carolina Bar young lawyers to
secure a national conference in the
First row: Cooper Wilson, Trey Mills, Chief Justice Jean Toal, Justice Costa Pleicones,
state.
Rebecca Roser, Tommy Preston
More than 300 young lawyers
Second row: Reid Sherard, Will Johnson, ABA YLD Chair Chris Rogers
attended the conference, based at the
Francis Marion Hotel, which featured some of the
programming and service work of the state’s young
state’s most distinguished and colorful attorneys,
lawyers. The conference provides a cost-effective way
including Chief Justice Jean Hoefer Toal and Justice
for the state’s young lawyers to attend a national
Costa Pleicones. The conference was also an opportu- event and interact with fellow young lawyers from
nity to showcase South Carolina and highlight the
across the country.
WILL THEY BE TAKEN CARE
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11
THE ASSOCIATION OF LEGAL ADMINISTRATORS
SOUTH CAROLINA CHAPTER (SCALA)
LEGAL ADMINISTRATOR NEWS
Are You Ready for the Chance
of a Lifetime?
BY BRENDA STEWART
PICTURE THIS: THE ELEVATOR DOOR OPENS
AND THERE STANDS THE CEO OF A MAJOR
BUSINESS LOCATED IN YOUR BUILDING. This
person is someone you have dreamed of meeting
and, even better, representing! He or she asks you,
“So what do you do?” You have just been asked
the million dollar question. Now what? Are you
prepared to respond—what will you say? This may
be a once in a lifetime opportunity to make a positive impression with a greatly desired potential
client. Hopefully, you have a well-crafted elevator
pitch to respond to the question. If not, you
should develop one.
Every attorney should have an elevator pitch.
The elevator pitch is not a high-speed regurgitation of what you do for all types of clients or all of
the firm’s practice areas. By design, the elevator
pitch is meant to be a succinct expression of what
you do in a way that demonstrates the benefit to
the recipient. The elevator pitch gets its name
from the short ride in an elevator, so keeping with
that concept, it needs to be short and concise. At
best, it should be three to four sentences and take
less than 45 seconds to deliver. Remember that
not all elevator rides are long. Your goal should be
to explain what you do as it relates to the individual you are addressing, if possible. By definition,
an elevator pitch is an overview of an idea, product, service or project that is designed to initiate a
conversation.
Here are some key points to assist you in the
development of your elevator pitch.
1. Short and sweet. The average elevator ride
(or other encounter) is very brief. Take advantage
of the opportunity, but be as concise as possible
to allow for reciprocal dialogue.
2. Create interest or a “hook.” The main
SCALA, continued on next page.
This is none
of your business.
Because you never know who might be looking over your digital shoulder, ALPS Cyber Response
not only covers claims associated with a cyber-security breach, but also breach response services.
Find out more at protectionplus.alpsnet.com/cyber
Or give us a call at 1-800-FOR-ALPS.
12
SCALA, continued from previous page.
objective of the elevator pitch is to demonstrate
the value you bring to clients and, if possible, to
the specific industry of the person you are
addressing.
3. Be concise and clear. The fewer words the
better. Your elevator pitch should be as short as
possible and clearly identify how you help clients.
Avoid the use of acronyms and lawyer speak as
this can be misinterpreted in a negative way.
4. Keep it simple. Don’t overwhelm your audience with legal jargon or technical phrases. Speak
in natural dialogue that will connect you with the
target audience.
5. Be conceptual and concrete (if possible).
It’s important to keep the elevator pitch at a high
level (open to various opportunities) but in balance to provide specific or tangible benefits to
working with you (provided that you know something about the business of the person you are
responding to).
6. Practice, practice and practice. This cannot be overstated. Initially, you should write out a
script for the elevator pitch opportunity. Once you
are comfortable with it, practice using several different methods. Send yourself a voicemail message of your pitch and then listen to it. Practice on
friends or family using different versions of your
pitch. Lastly, practice in front of a mirror.
Remember that the pitch should be delivered in a
natural conversation tone.
So you’ve developed your elevator pitch and
think you’re done—not quite! Everyone should
have several versions of their elevator pitch and
be prepared to deliver one at any opportunity.
Every attorney should have several versions that
cover their individual practice and also one that
speaks to the general practice of the firm. The
pitch used will depend on the target audience. All
attorneys should be prepared for this brief
encounter.
—Stewart Marketing and Consulting
National Legal Research Group
13
CLE AT-A-GLANCE:
DECEMBER
military law and keys to successful mediation in DSS cases.
DECEMBER 17
Teleseminar: Ethics and
Dishonest Clients
DECEMBER 3
DECEMBER 7
Teleseminar: Ethical
Considerations When a Law
Firm Dissolves
Teleseminar: Employment
Investigations: Protecting You
and Your Clients from Liability
DECEMBER 4
DECEMBER 10
Teleseminar: Drafting Buy/Sell
Agreements in Business, Part 1
Teleseminar: Ethics in PreTrial Investigations
DECEMBER 4
DECEMBER 11
Dollars & Uncommon Sense:
Helping Your Client Create the
Right Corporate Structure
11:45 a.m.-2 p.m.
McNair Law Firm, Greenville
Overview of the VA
Compensation & Pension
Adjudication Process
9 a.m.-1:15 p.m.
Bar Conference Center
Brings together outstanding copresenters from the CPA and
attorney perspectives on timely
topics of interest for both professions.
DECEMBER 5
Provides attorneys and non-attorney practitioners with a basic
understanding of the VA claims
and appeals process and the fundamental tools to navigate the
maze of applicable laws and regulations.
Teleseminar: Drafting Buy/Sell
Agreements in Business, Part 2
DECEMBER 11
Ethics and Best Practices of
the Financial Affidavit and
Dividing Retirement Plan
Benefits in Divorce
Charleston Crab House, James
Island
DECEMBER 6
Teleseminar:Asset Based
Finance, Part 1
JANUARY 9
Ethics, Professionalism,
Mental Health Study and
Litigation featuring Jim
Blackburn
8:30 a.m.-4:45 p.m.
Poynor Adult Education Center,
Florence
This program studies the requirements that maintain the dignity
and high standards of the legal
profession, and doing all on a
timely basis.
DECEMBER 6
Teleseminar: Attorney Ethics
Traps in Using E-mail in Law
Practice
DECEMBER 7
2012 S.C. Family Court
Bench/Bar
8:30 a.m.-4:45 p.m.
Practical presentations on issues
such as docket management,
order preparation, effective pretrial practice, alimony, motions for
reconsideration under Rule 59(e),
14
DECEMBER-JANUARY
DECEMBER 12
Teleseminar: Asset Based
Finance, Part 2
DECEMBER 18
Teleseminar: Understanding
“Angel” Investing in New
Business
DECEMBER 19
Teleseminar: Picking the Right
Trust
DECEMBER 20
Teleseminar: Structuring
Minority Interest in Business
JANUARY
JANUARY 8
Benefits in Divorce
Marriott Resort & Spa at Grande
Dunes, Myrtle Beach
DECEMBER 13
Teleseminar: Lawyer Ethics
and Elder Abuse
DECEMBER 14
Internet for Lawyers: Super
Search Engine Strategies and
Investigative Research
9 a.m.-12:15 p.m.
Learn how the Internet is changing the way legal professionals
need to research and run their
practices to competently represent their clients.
DECEMBER 14
Teleseminar: Post Mortem
Estate Planning
JANUARY 11
Ethics of Social Media and
Substance Abuse
8:30 a.m.-4:45 p.m.
JANUARY 15
Overview of the VA Appellate
Process
9 a.m.-1:15 p.m.
JANUARY 15
Benefits in Divorce
Nelson Mullins Riley &
Scarborough, Greenville
= LIVE SEMINAR
= VIDEO REPLAY
= LIVE TELESEMINAR
= WEBCAST
JANUARY 16
JANUARY 24-27
Benefits in Divorce
2013 S.C. Bar Convention
Marriott Resort & Spa at Grande
Dunes, Myrtle Beach
In addition to an outstanding CLE
line-up, the Convention offers
something for everyone, and this
year is no exception.
JANUARY 18
Everything You Need to Know
About Ethics
CLE Publication Spotlight
Practical Guide to Commercial
Real Estate in South Carolina
Practical Guide to Commercial
As the economy recovers, comReal Estate in South Carolina
mercial real estate practitioners
should be prepared with the latest
research and information from
experienced practitioners in their
respective areas of expertise. This
book, with more than 600 pages, is
the only S.C. Bar CLE publication
that addresses the practice of commercial real estate. This one-of-a-kind resource, authored
by 18 leading practitioners in this area, includes 15 chapters on: commercial real estate contracts; commercial leasing; development agreements; economic development,
governmental incentives, fee in lieu and related transactions; commercial real estate lending; closing opinions;
land surveys and due diligence; zoning and land use;
selective tax issues for commercial real estate; understanding and avoiding environmental pitfalls; easements
affecting commercial real estate; title insurance; multistate
practice and ethics; mortgage modifications; and commercial foreclosure process and alternatives. As an added
bonus, forms found in the book are included on an
accompanying CD.
REGISTRATION
INFORMATION
TO REGISTER FOR A LIVE
OR VIDEO REPLAY SEMINAR, visit www.scbar.org/cle
and click on “seminar calendar” or call the CLE Division at
(803) 771-0333, ext. 125 or
1-800-768-7787, ext. 125.
TO REGISTER FOR A
TELESEMINAR, visit
www.scbar.org/cle and click
on “Teleseminar Calendar.”**
TO REGISTER FOR A WEBCAST, visit www.scbar.org/cle
and click on “Distance
Learning.”**
** The CLE Division cannot accept
telephone, fax or mail-in registrations for these programs.
For more information about any
of these programs, visit
www.scbar.org/cle.
To order, visit the CLE Publications Store at
www.scbar.org/publications.
15
2013-14 section council slate
proposed
Government Law Section
Timothy C. Winslow, Chair; W. Lawrence Brown,
Chair-Elect; Nancy Shealy, Vice Chair; Jeremy L.
Cook, Secretary; Dale R. Samuels, Section
Delegate; A. “Sandy” Cruickshanks IV, Immediate
Past Chair. Council Members: Robert R. “Rob”
Smith II (exp. 2014), W. Kurt Taylor (exp. 2014),
Richard “Brent” Thompkins (exp. 2015), Kimberly
N. Wunder (exp. 2015), Michael W. Burns (exp.
2016), Lisa R. Claxton (exp. 2016)
DON’T BE THE LAST TO
KNOW about the latest Bar news and
updates important to the legal community!
Sign up for E-Blast, and receive weekly
practice management advice along with
CLE offerings, legislative updates,
Advance Sheet summaries and other Bar
news important to your practice.
To subscribe, e-mail doelhafen@scbar.org.
WA R N I N G
NOT ATTENDING S.C. BAR CLE PROGRAMS WILL CAUSE:
• Lack of vital S.C. legal knowledge
• Your hard-earned dollars leaving South Carolina
• Less opportunity to build a network of your peers
• A false sense of security
The S.C. Bar creates programming specifically for you!
Choose the best and forget the rest! www.scbar.org/cle
"The SC Bar's CLEs are well run, professional and provide great value. Unlike many bar
programs in other states, our state bar's programs keep the family law bar abreast of
cutting edge topics and updates about the law. Thanks SC Bar CLE Division! Your team
is the best!"
!
16
!
SCALA, continued on next page.
17
LAWYERS HELPING LAWYERS
Preventing Lawyer Suicide
BY BETH PADGETT, LAWYERS HELPING LAWYERS
ASSISTANT DIRECTOR
OUR COLUMN THIS MONTH IS ON A DIFFICULT TOPIC,
LIKELY NOT ONE YOU EXPECT TO SEE IN DECEMBER as
the holiday season takes hold. Lawyers die by suicide at an
alarming rate. There are families in South Carolina and across
the country who are grieving deaths by suicide and entering
into their first holiday season without the lawyer who was
their son, their daughter, their parent, their husband or wife.
We are aware of eight lawyers in South Carolina who died by
suicide in the past two years. Buddy Stockwell, the Lawyer
Assistance Program Director in Louisiana, recently shared this
story that has shaken the Louisiana Bar.
LHL provides confidential
support and referrals for
lawyers suffering from alcohol,
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
(803) 576-3781 (office),
(803) 603-3807 (cell) or our
Some of you recall that several weeks ago I posted that a
prominent New Orleans attorney and retired magistrate
judge, Joe Giarrusso Jr., took his own life in September. He
was the husband of New Orleans District Court Judge Robin
Giarrusso. Last year, both Joe and Robin signed up for the
newly formed Louisiana Judges Helping Judges Committee,
and Joe Jr. was very excited about helping the new cause. As
such, it was a stunning shock when Joe took his own life.
Joe's son, Joe Giarrusso III (also a prominent New Orleans
attorney), recently articulated to me his desire to speak out in
such a way that his father's suicide and the Giarrusso family's
tragedy can serve as a teachable moment for others with
Joe's message being that no one is immune from depression
and suicide and that, to the untrained eye, the warning signs
can be hard to recognize. Joe began his efforts with an amazingly courageous article about his father's death, and it was
published in the New Orleans Times Picayune newspaper. I
wanted to share it with you all as follows.
Depression was hidden until it was too late, Times Picayune
confidential, toll-free helpline at
(866) 545-9590.
18
Please give an hour or two of your time to learn what you
can do to prevent suicide. Keep that information in the forefront of your mind, and move into 2013 with a willingness to
watch for the signs of suicide and the courage to take action
when necessary. Please encourage your colleagues to do the
same. The American Foundation for Suicide Prevention is a
valuable resource (www.afsp.org). If you have questions about
preventing lawyer suicide or would like to be directed to more
in-depth training, please call Lawyers Helping Lawyers.
OLD AGE
“
is
NO PLACE for SISSIES.
”
C RE ATIVE PL A NNING TO HELP YOUR CLIE NTS T M
Bette Davis probably said it best! But we help senior citizens and their families plan for long-term care
and other complicated health and financial issues that often accompany aging and disability.
We can assist your clients in all aspects of long term care planning, health care planning, asset preservation planning, and complex family
disputes, including medicaid eligibility, planning for incapacity, disabilities and special needs, veterans benefits eligibility, guardianship, probate
and estate administration, fiduciary litigation, will contests, elder abuse and financial exploitation of vulnerable adults; health care planning at
divorce and in premarital agreements; special needs trusts and public benefits qualification for accident victims; litigation relating to disputes
among closely held business owners; and probate, marital and civil litigation dealing with family members.
Warner, Payne & Black, L.L.P. • ElderLaw Services of South Carolina, P.A.
Columbia Office
1122 Lady Street, Suite 1200 (Lady at Main)
Columbia, SC 29201
P.O. Box 2628 (29202)
(803) 799-0554 • Fax (803) 799-2517
A Statewide Practice of Elder Law
www.elderlaw-sc.com
Jan L. Warner (1942-2009)
Mitchell C. Payne, J.D., M.A.* (Accounting)
Charles M. Black Jr., J.D.*
Carrie A. Warner, J.D.
Max N. Pickelsimer, J.D.
*Members of National Academy of Elder Law Attorneys
Rock Hill Office
131 Caldwell Street
Rock Hill, SC 29730
P.O. Box 10352 (29730)
(803) 329-8656 • Fax (803) 325-2973
19
BAR BYTES
Product News and More
BY COURTNEY KENNADAY, PRACTICE MANAGEMENT
ASSISTANCE PROGRAM DIRECTOR
Malware Alert
A disturbing new scam, known as Ransomware,
is being reported by the FBI and news outlets.
Ransomware is a type of malicious software (malware) that is infecting computers. It acts by locking or encrypting users’ data. Users see a message
on their computer screens informing them that
their data will be held until a ransom is paid. The
price escalates for each day the ransom remains
unpaid, and if the user refuses, the data will be
deleted. Unfortunately, this scam has already hit at
least one law firm, albeit one in Canada. There are
variations of the scam, including ones where the
message purports to come from the FBI or a governmental entity and demands a “fine.”
The malware can come from a number of
sources, including e-mail, websites and infected
flashdrives. Users unwittingly install the malware
by clicking a link, opening an attachment or simply visiting a compromised website. This malware
is a variant of the Dorkbot worm, and simply put,
there’s no end to the damage it can do.
Where this scam is concerned, prevention is the
best cure. Even if an e-mail comes from someone
you know, don’t click on a link or attachment
unless you verify it or were expecting it. Use caution when browsing the web, and make sure your
antivirus software is always current, as are your
browsers (Internet Explorer, Chrome, Firefox) and
operating system (load those service packs and
updates!). Always have more than one computer
backup, and keep in mind, any backups that are
part of your network could be compromised too.
They would need to be physically removed from
the network, like a backup drive that is disconnected.
If you find yourself on the receiving end of a
ransom request, don’t pay it! Report the scam
immediately to the FBI Cyber Crime Division and
20
the Internet Crime Complaint Center (IC3). Then
call a reputable computer professional for assistance.
More law oﬃce software hitting the cloud
Two products familiar to Bar members recently
announced new cloud versions of their popular
law office software. Both Easy Soft and Amicus
Attorney have unveiled cloud versions of their
desktop software.
Easy Soft hosted products include Easy HUD,
Easy TimeBill and Easy Trust Accounting. Prices
range from $29 to $54 per month. Advantages of
the cloud version include access from anywhere,
data backup, zero maintenance and lower overall
cost. If you are already using Easy Soft, contact
the company to discuss cloud migration options.
Easy Soft is also jumping on the hosting bandwagon, with a “Legal Cloud Office” option. With
this option, 100 percent of your office programs
and data will be in the cloud with their sister company, Cosmolex.
The long-awaited Amicus Cloud has finally
arrived! Everything that is available in Amicus
Small Firm edition is available in the cloud version.
It runs on the super secure Microsoft Azure platform and uses Microsoft Exchange on the backend. This means it doesn’t have to sync with
Outlook—it’s totally integrated. You can use your
own Exchange server or you can use the hosted
Exchange option.
The features are too numerous to list here, but
one feature I particularly like is the conflicts checking tool. It searches all your data, including emails, to make sure you don’t have a potential
conflict. Another is the document management
feature. Documents are stored both in the cloud
and on your hard drive. Amicus tracks document
versions and hyperlinks to each for easy access.
Everything is full-text indexed for easy searching.
The program includes time, billing and collections functionality, and a link to QuickBooks is
coming soon. The interface is simple and intuitive.
On the home screen you see your daily appointBar Bytes, continued on next page.
Bar Bytes, continued from previous page.
ments, phone calls, unread e-mails, tasks and
deadlines, unbilled time entries, and receivables.
Priced at $34.95 per user per month, it is an
attractive option for new law firms. An automatic
conversion tool is available for firms currently
using Amicus Small Firm who wish to go to the
cloud. The company asks current users to contact
them for special pricing.
Microsoft 365
If you’re a small firm lawyer debating whether to
replace your old Outlook e-mail server, cloud
options are increasingly attractive. More and more
lawyers are ditching their in-house e-mail servers
and opting instead for solutions like Microsoft
Hosted Exchange. Right now Microsoft is offering
a sweet deal: hosted Outlook e-mail on Microsoft’s
own secure servers for as low as $4 per user per
month. If you’re in the market for the current
Microsoft Office Suite, the midsize business and
enterprise solution (Plan E3) also includes subscriptions to Office Professional Plus 2010 (Word,
Excel, PowerPoint, OneNote, Outlook, Publisher,
Access, InfoPath, SharePoint Workspace and Lync)
for $20 per user per month. This means you can
use Office in the cloud, plus you can install Office
Professional Plus on your own computer. When the
new version of Office is released, it is included
and will be delivered directly to your desktop.
Quick bytes
LawPay credit card processing for lawyers now
offers the iDynamo secure card reader for swiping
credit cards with your mobile device. Charge items
are triple encrypted for security. It’s available for
$150—contact LawPay for details.
For lawyers using Tabs3 for time keeping, it is
now easier to capture time from any device,
mobile or otherwise. Tabs3 Connect lets you login
to Tabs3 from your iPhone, laptop, Android or PC
to access your client and contact information, calendars and time entry functions. The information
is not in the cloud—you are accessing the information on your own office computer. There’s no additional charge for Tabs3 Connect if you have Tabs3
and PracticeMaster Platinum and are enrolled in
the maintenance plan.
Need extra copies of the
Lawyers Desk Book?
A complimentary copy of the 2012-13
Lawyers Desk Book was mailed to all active
Bar members. Extra copies of this year’s edition are available in both print and CD-ROM
formats for $25 plus applicable sales tax. Go
to www.scbar.org/deskbook to order online
with a Visa or MasterCard or access the order
form to pay by mail with a check. All orders
must be prepaid. Orders will be filled until
inventory is exhausted.
21
RISK MANAGEMENT
Understanding the Cyber
Liability Coverage Gap
BY MARK BASSINGTHWAIGHTE,
RISK MANAGER, ALPS, INC.
MBASS@ALPSNET.COM
FLORIDA TECH UNIVERSITY HAS JUST
RELEASED AN INFOGRAPHIC (www.floridatechonline.com/cyber-security-infographic) that
underscores the need for all of us to remain diligent in our efforts to keep our home computers,
office computer networks and mobile devices
secure. Here is a sampling of what was reported.
More than one million adults become victims of
cybercrime every day—that’s a rate of 14 per
second. Forty-one percent of businesses that
experienced a breach reported that the cost of
the breach exceeded $500,000. Finally, laptops
and mobile devices are the two types of devices
most frequently targeted. Taken together, the
information shared in this infographic is alarming. Clearly the necessity of taking actions such
as using strong passwords, installing robust
security software on all devices, encrypting confidential data, only using secured wireless networks and keeping current on all critical software
patches that are released are more important
than ever. The question now becomes are such
efforts enough? Unfortunately, they are not.
In spite of the security precautions many routinely take, computer breaches will continue to
occur. Law firms that have taken steps to secure
their systems have still become victims of cybercrime. Consider the following: A number of firms
have reported that a trusted firm employee
(which includes attorneys) either unintentionally
downloaded an infected file from the Internet or
was tricked into opening an e-mail that carried a
malicious payload. Other firms have had problems as a result of the loss, theft or misuse of a
backup hard drive, laptop, smart phone, jump
drive and even a number of computer tablets.
The fallout of these kinds of events can truly be
22
significant. As a result of cybercrime, firms have
already had money stolen from client trust
accounts, client confidences lost and/or found
that personal information such as social security
numbers and credit card numbers of employees
and clients were now in the possession of someone else. Should this ever happen to you, what
would the costs be and would your existing
insurance cover it? As previously suggested, the
costs can be significant and for far too many the
answer to the coverage question would be no.
Malpractice policies and most general business
insurance policies offer little to no coverage for
cybercrime losses, thus the coverage gap.
We can consider how the costs might add up
by looking at some of the exposures that can
arise as a result of being the victim of a cybercrime. There might be the direct losses such as
business interruption (your network may not be
available for a week or two) and data recovery as
well as having to replace any stolen client funds.
Then there are the incident management
expenses such as the costs associated with the
hiring of a forensic team in order to investigate
how the breach occurred and to clean up the
mess left behind, coupled with a potential need
to hire a public relations firm. If this weren’t
enough, 46 states have breach notification laws
in place that one must comply with, and compliance can be quite expensive if a significant number of individuals must be notified post breach.
Risk Management, continued on next page.
LENDING LIBRARY BOOK SPOTLIGHT
Twitter in One Hour for
Lawyers
By Jared Correia (2012)
Finances are tight and most
firms are looking for ways to cut
costs and draw in new business.
Since Twitter is a free service that
is fairly simple to use with huge marketing potential, it’s easy to see why it has become one of the
most popular ways for lawyers to market their law
firms and network with colleagues. While Twitter
is easy to use, it is also easy to use ineffectively.
In this book, the author explains why the best use
of Twitter is to engage with others with whom you
share similar interests. This book provides an indepth look at getting started with Twitter and how
to use this social platform to drive your practice
forward.
The Checklist Manifesto: How
to Get Things Right
By Atul Gawande (2010)
S.C. Bar Solo & Small Firm
Conference keynote speaker Jim
Calloway recommended The
Checklist Manifesto for law firms
wanting to supercharge their practices.
Checklists (which for lawyers can include law
office procedure manuals) help provide structure
and can prevent serious mistakes from occurring. Although the author frequently uses the
medical profession as an example, it can serve
as an inspiration to other professionals, including lawyers. Hopefully, it will inspire you to start
your own law office checklists.
The Lending Library contains books on law practice management, which are available for circulation
to Bar members. To see a listing of available books and instructions for requesting a book, go to
www.scbar.org/lendinglibrary.
Risk Management, continued from previous page.
The good news is that the risk of incurring such
losses can be properly covered by the purchase
of cyber liability insurance, which is becoming
more widely available.
Be aware, however, that the costs for cyber liability insurance can vary greatly based upon
desired limits and the specific coverage offered.
Relatively speaking, this is a newer insurance
product and the pricing and product will continue to evolve and change as the cyber liability
marketplace matures. By way of example, a few
cyber liability policies will cover the theft of
client funds while many others will not. Those
that do will cost substantially more. For those
policies that don’t, one might consider the addition of a separate crime policy if this type of coverage is desired. In the end, no one will ever be
completely risk free when it comes to becoming
another cybercrime statistic. The world is simply
too wired now. The good news is that with the
addition of cyber liability coverage, this risk can
be appropriately managed.
23
SOUTH CAROLINA BAR FINANCIAL STATEMENTS
Financial statements as of 6/30/12
ASSETS
Cash and Cash Equivalents–Unrestricted
Cash and Cash Equivalents–Restricted
Investments-Unrestricted
Accounts Receivable
Inventory
Prepaid Expenses and Other Assets
$
Total Current Assets
Investments–Restricted
Property and Equipment, Net
TOTAL ASSETS
LIABILITIES AND NET ASSETS
Current Liabilities
Accounts Payable and Accrued Expenses
Deferred Revenue
Current Portion of Long-Term Debt
3,014,971
545,969
522,088
56,576
115,771
156,941
4,412,316
898,644
8,396,264
$ 13,707,224
$
Total Current Liabilities
Long-Term Debt, Net of Current Portion
Unrestricted Net Assets
Undesignated Net Assets
Board Designated Net Assets:
Section Funds
Lawyer Referral Service
Continuing Legal Education
398,699
199,126
87,081
684,906
2,898,076
6,781,624
Total Board Designated Net Assets
Total Unrestricted Net Assets
Temporarily Restricted Net Assets
Grant Funds
Lawyers’ Fund for Client Protection
Total Temporarily Restricted Net Assets
Total Net Assets
TOTAL LIABILITIES AND NET ASSETS
$
316,774
119,390
1,276,839
1,713,003
8,494,627
217,160
1,412,455
1,629,615
10,124,242
$ 13,707,224
Statement of Activities as of 6/30/12
UNRESTRICTED NET ASSETS
Revenue
License and Section Fees
Alternative Dispute Resolution Fees
Lawyer Referral Service Fees
Administrative Revenues
Seminars and Publications
Conventions
Royalties and Subscriptions
Interest and Investment Income
Other Income
TOTAL REVENUE
$
Expenses
General and Administrative
Government Relations
TOTAL EXPENSES
$
Change in Unrestricted Net Assets
TEMPORARILY RESTRICTED NET ASSETS
Revenue
Grant Revenue
Lawyers’ Fund for Client Protection Fees
TOTAL REVENUE
$
Expenses
Grant Funds
Lawyers’ Fund for Client Protection
TOTAL EXPENSES
Change in Temporarily Restricted Net Assets
Change in Net Assets
Net Assets at Beginning of Year
NET ASSETS AT END OF YEAR
24
$
$
$
$
3,258,588
78,900
279,970
106,845
2,371,594
504,218
125,389
15,924
57,611
6,799,039
6,175,965
31,518
6,207,483
591,556
1,109,169
277,834
1,387,003
1,289,436
179,790
1,469,226
(82,223)
509,333
9,614,909
10,124,242
SECTION OPERATING FUNDS
Construction Law
Fund balance on 7/1/11
YTD Revenues
YTD Expenses
$11,765.37
6,045.00
4,405.86
13,404.51
Consumer Law
YTD Revenues
YTD Expenses
$2,478.30
2,920.00
1,168.00
4,230.30
Military and Veterans’ Law
YTD Revenues
YTD Expenses
$3,697.59
1,875.00
1,447.71
4,124.88
Probate, Estate Planning and Trust
YTD Revenues
YTD Expenses
$5,915.72
7,605.00
4,555.42
8,965.30
Corporate, Banking and Securities Law
$20,310.00
YTD Revenues
5,535.00
YTD Expenses
1,491.03
24,353.97
Real Estate Practice
YTD Revenues
YTD Expenses
$56,311.88
11,850.00
10,510.22
57,651.66
Criminal Law
YTD Revenues
YTD Expenses
$24,845.59
5,450.00
3,045.59
27,250.00
Solo and Small Firm Practitioners
YTD Revenues
YTD Expenses
$15,195.43
11,900.00
12,768.59
14,326.84
Dispute Resolution
YTD Revenues
YTD Expenses
$9,156.36
4,680.00
1,942.35
11,894.01
Tax Law
YTD Revenues
YTD Expenses
Employment and Labor Law
YTD Revenues
YTD Expenses
$9,403.44
9,275.27
9,566.20
9,112.51
Torts and Insurance Practices
YTD Revenues
YTD Expenses
$34,545.77
8,590.00
3,432.00
39,703.77
$0.00
4,320.00
1,878.33
2,441.67
Trial and Appellate Advocacy
YTD Revenues
YTD Expenses
$21,578.52
7,395.00
3,059.22
25,914.30
Workers’ Compensation
YTD Revenues
YTD Expenses
$12,318.41
7,020.00
2,808.00
16,530.41
Environment and Natural Resources
YTD Revenues
YTD Expenses
Family Law
YTD Revenues
YTD Expenses
$27,775.53
12,236.07
15,111.83
24,899.77
Government Law
YTD Revenues
YTD Expenses
$12,349.76
3,720.00
2,072.78
13,996.98
Health Care Law
YTD Revenues
YTD Expenses
$9,467.20
5,100.00
3,218.99
11,348.21
Total
YTD Revenues
YTD Expenses
$281,308.26
119,696.34
84,230.89
316,773.71
$4,193.39
4,180.00
1,748.77
6,624.62
25
SOUTH CAROLINA BAR
CONVENTION 2013
CALENDAR
December
7-8
Middle School Mock Trial
State Competition
Lexington
12
Law School for Journalists
Program
24
Board of Governors Meeting
Myrtle Beach Marriott at Grande
Dunes
House of Delegates Meeting
Dunes
Memory Hold the Door Ceremony
Dunes
We the People Training
Bar Building
LEARN,
LAUGH
& LET GO!
13
Board of Governors Meeting
Conference Call
14
Practice and Procedure
Committee Meeting
Bar Building
20
Family Law Section Council
Meeting
Bar Building
REGISTER TODAY!
January 24–27, 2013
Myrtle Beach Marriott Resort & Spa
at Grande Dunes
www.scbar.org/convention
21
Probate, Estate Planning and
Trust Section Council Meeting
Conference Call
January
4
South Carolina Lawyer
Editorial Board Meeting
11
Elder Law Committee
Meeting
Bar Building
CLE
CALENDAR
SEE THE
ON PAGES 14-15
FOR CLE CREDIT
OPPORTUNITIES.
18
Ethics Advisory Committee
Meeting
Bar Building
26
www.scbar.org/convention

SC BAR NEWS - South Carolina Bar

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