G-Bar News A Publication of the Greenville County Bar

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1 G-Bar News A Publication of the Greenville County Bar V. Clark Price William T. Clarke Courtney C. Atkinson Travis V. Olmert Jeff Weston Hunter Freeman President President-Elect Secretary Treasurer Editor Reporter PRESIDENT S ARTICLE By Clark Price Four elderly African American gentlemen retained me to help them get their church back. The church building itself was a small white brick structure with a dirt floor. The doors had been padlocked and the building put up for sale by the pastor. The Greenville church was an offshoot of a church in Columbia. The Greenville members moved away from Columbia because of a schism that developed after a former pastor had died. Members of the Columbia congregation believed that pastor was going to be resurrected and resume his position with the church. The members who left and moved to Greenville did not accept this teaching. A former assistant pastor at the Columbia church came to Greenville to lead the congregation. Using funds collected in part from the Greenville membership as well as from the original Columbia church, the church building was purchased. The deed was to the four men who had retained me individually and as trustees of the church. The crux of the dispute between my clients and the pastor was this: The pastor had decided unilaterally to sell the church building and to take the proceeds of sale for himself. The perplexed trustees objected but were told by the pastor that under the bylaws of their church, the pastor had the ultimate authority over the church s assets. This was news to the trustees as they had never seen or heard of any such bylaws. The pastor had an intellectual advantage over the trustees. More than one of them could neither read nor write, while the pastor was well educated and an eloquent and persuasive speaker. 250h edition September 2012 UPCOMING EVENTS September 12: BBQ at Blind Horse October 3: Fall Luncheon December 13: Christmas Party December 20: Memorial Service From a legal standpoint, the issue appeared to be whether the church was hierarchical or congregational. In a hierarchical church, title to church property is held and controlled by the church corporate body. In a congregational church, the property is controlled by the congregation. In spite of the intellectual superiority of the pastor, the trustees stood up to him and fired him. The pastor, along with several of his followers, brought suit against the trustees to enjoin them from disposing of the church property, and requiring them to restore the property to the pastor. The trustees answered and contended that the church was congregational, and the trustees therefore hey had the right to dispose of the pastor and to protect the property for the majority of the membership. Neither side had much money, so no depositions were taken and minimal written discovery was conducted. A non-jury trial was held to decide the matter. The pastor put up his case first. He called as an expert in the church s faith and doctrine a bishop from Arkansas. The Bishop was a white man. He testified that he had once been a member of the Ku Klux Klan, but he had seen the light and had joined the church many years earlier. He had become first a pastor and ultimately a bishop in the church in Arkansas. The connection between the Arkansas and South Carolina churches was not clear; there was no evidence presented of a formal relationship. The Arkansas Klansman turned Bishop testified that under the church s doctrine, the pastor was all powerful vis a vis the congregation. He explained that there were but three ways that a pastor, once installed, could be removed: death, resignation, or removal by God. (It was pretty clear to us why the Klansman had found his calling in this church.) Inside this issue: BBQ 2 Luncheon 3 Tommy Thomason Award Nominations 3 Announcements 4 Verdicts 5 Legal Elite 6 Federal Bar Invite 7 Sentencing Guideline Seminar 8 (Continued on page 2) Available Office Space 9

2 250h edition Page 2 (Continued from page 1) The pastor was called to the stand. At a critical point in the testimony, the pastor was asked by his attorney whether he still was the pastor and therefore in control of the church and its property. The pastor replied that he was. The pastor was asked whether he had resigned; the pastor replied he had not. He was asked whether he had died; he said that he had not. Finally, the attorney asked the pastor whether God had removed him from the pulpit. I was at a loss as to how to defend my poor clients against the charade that was unfolding. The only thing I could think of was to object. I rose before the pastor could answer the last question and said, I object hearsay. The courtroom went silent. The judge paused, staring off into space. After a moment, he said, that s an interesting question; that s an interesting objection sustained. During our defense case, each of the trustees testified they had never heard of these rules, that they were trying to protect the church building for the membership, and they believed they had the authority to fire this pastor when he revealed his plan to sell the building and take the proceeds. This was an action in equity since it was premised on injunctive relief. That seemed to work in our favor because the judge ruled for us, rejecting the testimony of the pastor and the Klansman. The unhappy pastor appealed the decision and although the trustees had no money to continue, we responded and briefed the case. In an unreported decision, the Court of Appeals affirmed and pointed out that the preponderance of the evidence established that if there ever was a rule or bylaw that prohibited the congregation from firing its pastor, this congregation had never heard of and had not adopted said bylaw. I was invited to a prayer meeting at the church and a collection plate was passed and the proceeds offered to me in thanks for my services. Not wanting to offend the church, I accepted the offering and expressed my gratitude. They were thanking God for getting their church back. I was thanking him for the hearsay rule. Come meet and eat with your fellow lawyers at the Blind Horse Saloon September 12 at 5:30! All the BBQ you can eat for just $5 a person and a great way to start the fall season hope to see you there-- Clark Greenville County Bar s BBQ September 12 5:30-8:30 Blindhorse Saloon $5 per person!!! (includes full BBQ dinner and 2 drink tickets) Please RSVP to Melinda at gbarnews@charter.net or no later than Friday September 7 CARING COMMITTEE If you know of an attorney who is ill, has surgery, has a death in the family, has a baby or has some other event in their life, please notify the Caring Committee at gbarnews@charter.net

3 250h edition Page 3 Casual Luncheon Wednesday, October 3 Noon Tommy s Ham House $5 per person Attendance limited to the first 110 people to register!!! Register at gbarnews@charter.net or (864) before September 28 or whenever the slots are full. Join the Greenville County Bar on facebook!! TOMMY THOMASON AWARD NOMINATIONS Tommy Thomason was an amazing lawyer. During his lifetime, he inspired many people. And after his death, the Greenville Bar Association commemorates his life with the Award in his name. The qualities emulated by Tommy Thomason are the qualities sought by the Award Committee. If you know a lawyer who is compassionate and sensitive to all people regardless of their station in life friendly, unassuming, humble with a warm, genuine, and abiding faith in people dedicated to community interest, public service, and improvement of the community dedicated to the improvement of the legal system and justice for all people widely respected and admired by peers for personal and professional achievement If you know a lawyer who has strong personal values, optimism, and faith positive diplomacy that works to minimize conflict and to resolve disputes in the least hostile manner unshakeable integrity, coupled with an instinct for fairness If you know a lawyer who loves the practice of law and pursues the practice as a service to people Please submit your nominations with a description of ways your nominee exemplifies these ideals of the late Tommy Thomason to gbarnews@charter.net or Greenville County Bar Association, Post Office Box 10145, Greenville, South Carolina Deadline for submissions: September 30, 2012

4 250h edition Page 4 Announcements Willson Jones Carter & Baxley, P.A. is pleased to announce that David M. Padgett has joined the firm as an associate in the Greenville, South Carolina office. Mr. Padgett received his B.S. degree in Marketing from Clemson University and his J.D. degree from the University of South Carolina School of Law. He is a member of the South Carolina Bar Association, Greenville County Bar Association, South Carolina Defense Trial Attorneys' Association, and South Carolina Workers' Compensation Educational Association. Mr. Padgett practices exclusively in the area of workers' compensation defense. Willson Jones Carter & Baxley, P. A. is pleased to announce that Ian C. Gohean has relocated to the Greenville, SC office. Mr. Gohean previously practiced in the Columbia, SC office. He received his B.S. in Marketing, Cum Laude, from Clemson University and his J.D. degree from the University of South Carolina School of Law. He is a member of the South Carolina Bar Association and the South Carolina Workers Compensation Educational Association. Mr. Gohean practices exclusively in the area of workers' compensation defense. Collins & Lacy, P.C. is pleased to announce Greenville Business Magazine has recognized Suzy Cole as one of the Legal Elite in the practice of workers' compensation. Director to the Board of the Federation of Defense & Corporate Counsel. FDCC membership is an honor, as members have been judged by their peers to have achieved professional distinction, and are committed to promoting knowledge, professionalism, fellowship and the cause of justice. Harper, Lambert & Brown, P.A. announces that Calvin T. (Ted) Vick, Jr. has joined the firm located at 420 East Park Avenue, Ste 220, Greenville, SC (864) Jackson Lewis announces that Ellison F. McCoy has been recognized by Greenville Business Magazine as one of the area s Legal Elite in the practice of Labor and Employment law. The Leinster Law Firm has relocated to the 3rd floor of the Liberty Building. Our phone, fax, s and PO Box will remain the same but our new physical address is 135 South Main Street, Suite 301, Greenville, SC Smith Moore Leatherwood has been named as the only law firm nominee for the South Carolina Chamber of Commerce Excellence in Workplace Diversity Awards, which recognize businesses significant contributions to moving the state forward in diversity initiatives. The law firm of Gallivan, White & Boyd, P.A. is pleased to announce that H. Mills Gallivan has been elected as a Senior Atkinson Appraisals 1207 E. Washington Street Greenville, SC (864) Over 21 years of experience as a State Certified Residential Real Estate Appraiser. Closings, Divorces, Probate Matters & Trust/Wealth Management Departments. Experienced expert witness, testifying in both Family & Circuit Court. I strive for prompt service in every assignment & hope you will give me the opportunity to earn your appraisal business. Haynsworth Sinkler Boyd, P.A., is pleased to announce Stinson Ferguson recently joined the law firm s Greenville office as an associate attorney. Her practice focuses on business litigation and environmental matters. This office now has 46 lawyers. Ms. Ferguson, a Spartanburg native, is currently pursuing her Master of Laws (LL.M.) from Vermont Law School with a concentration on energy law and policy and expects to graduate in December Prior to joining Haynsworth Sinkler Boyd, Ms. Ferguson clerked for The Honorable Kristi L. Harrington, South Carolina Circuit Court, Ninth Judicial Circuit (December 2010-March 2012). She also worked at the S.C. Environmental Law Project in Pawleys Island as a part of a University of Georgia Law School fellowship program. Sixty-seven lawyers from Haynsworth Sinkler Boyd, P.A. were recently selected by their peers for inclusion in The Best Lawyers in America 2013 including twenty-six from Greenville: J. Ben Alexander, Thomas H. (Tom) Coker, Jr., W. David Conner, Frank T. Davis III, Anne S. Ellefson, Robert S. Galloway III, Christine (Chris) Gantt-Sorenson, Ellis M. Johnston II, H. Sam Mabry III, W. Francis (Frankie) Marion, Jr., J. W. (Jay) Matthews III, Charles E. (Bud) McDonald, Jr., Moffatt G. (Mott) McDonald, Kathleen Crum (Kathy) McKinney, Arthur F. (Mac) McLean III, Boyd B. (Nick) Nicholson, G. Dewey Oxner, Jr., Sarah M. (Sally) Purnell, J. Derrick Quattlebaum, Margaret R. (Meg) Scoopmire, H. Donald (Don) Sellers, E. Tyler Smith, Matthew P. (Matt) Utecht, Andrew J. (Andy) White, Jr., Knox H. White and Stephen P. (Steve) Williams. (Continued on page 5)

5 250h edition Page 5 Announcements Cont. Devlin & Parkinson is pleased to announce that John R. Devlin, Jr. has been selected for inclusion in the The Best Lawyers in America 2013 Edition in the field of construction litigation and that E. Brown Parkinson, Jr. Has also been selected in the field of medical malpractice law for defendants. Jackson Lewis LLP is pleased to announce that Andreas N. Satterfield, Jr. is one of the firm s 88 attorneys recently selected by their professional peers for inclusion in the 2013 edition of The Best Lawyers in America. The law firm of Gallivan, White & Boyd, P.A. is pleased to announce that nine of the firm s attorneys were recognized as being among Greenville s Legal Elite for 2012 by Greenville Business Magazine. GWB s Legal Elite include H. Mills Gallivan; Jennifer D. Eubanks; Phillip E. Reeves; Ronald G. Tate: W. Howard Boyd, Jr.; Ronald K. Wray; Phillip E. Reeves; Phillip E. Reeves; Thomas E. Vanderbloemen; W. Howard Boyd, Jr.; Arthur L. Howson; and W. Duffie Powers. Nexsen Pruet is proud to announce that nine attorneys based in its Greenville office have been named to the 2013 edition of edition of Best Lawyers. Attorneys David Gossett, John Hardaway, Leon Harmon, Rusty Infinger, David Moore, Jim Price, Tom Stephenson, Joel Stoudenmire, and William Billy Wilkins received the designation from peer voting. McNair Law Firm, P.A. is pleased to announce that fifty-one attorneys were selected by their peers for inclusion in The Best Lawyers in America 2013 including the following six from their Greenville office: Ronald E. Cardwell; Weyman C. Carter; Phillip L. Conner; Bernie W. Ellis; Rita M. McKinney and Daniel R. McLeod, Jr. David E. Hodge; Mark R. Holmes; Marion Hughes ; J. Tod Hyche; Michele Lyerley; Natalma M. McKnew; Robert D. Moseley, Jr.; William L. Pitman; A. Marvin Quattlebaum; Jack Riordan; Kurt M. Rozelsky; Jack H. Tedards and Frank C. Williams III Six Turner Padget Greenville attorneys were named to the 2013 Best Lawyers: Vernon F. Dunbar; Eric K. Englebardt; William E. Shaughnessy; Wilson S. Sheldon; Timothy D. St. Clair and Charles F. Turner, Jr. DeMint Howe, P.A. invites the Greenville Bar to a reception at 505 Pettigru Street on Thursday, September 6 th at 5:30 PM to celebrate the opening of their new law firm. Please call if you have any questions or visit inthowe.com Volunteers Needed Sevier Middle School is in need of a few lawyers who would be willing to volunteer for a few hours to hear closing arguments in a mock trial on October 12. If you are able to help, please contact Sarah Evanson-Atkinso at Smith Moore Leatherwood LLP is pleased to announce that 70 of its attorneys have been selected by their peers for inclusion in The Best Lawyers in America 2013 including 14 from their Greenville office: Robert A. deholl; William L. Dennis; Steven E. Farrar; Richard L. Few, Jr.; Michael J. Giese; Verdicts Caption: James D. Rosemond vs. James W. McDowell and James R. McDowell Attorney for Plaintiff: Monte Chasteen, Terry Chasteen Attorney for Defendant: Marc McGarr Cause of Action: Wreck Verdict for the Plaintiff in the amount of $15,000

6 250h edition Page 6 Legal Elite The Greenville County Bar wants to congratulate the 2012 Legal Elite of the Upstate award recipients. This award is sponsored by Palmetto Bank and the Greenville Business Magazine, and honors attorneys who are nominated by their peers as being go-to attorneys within 20 different practice areas. According to Greenville Business Magazine, hundreds of names were submitted for consideration. However, only 95 attorneys were nominated as this year s Legal Elite of the Upstate. This year the following Upstate attorneys were nominated: Banking and Finance James Cassidy David A. Gossett Eric Graben Neil Grayson Bankruptcy and Creditor Rights Weyman Carter James Jim Cassidy William Bill Clarke Allen Grumbine Duffie Powers James C. Sarratt Randy Skinner Rory Whelehan Marshall Winn Commercial Transportation Phil Reeves Jack Riordan Kurt Rozelsky Ron Wray Construction Howard Boyd Thomas Coker, Jr. John Devlin, Jr. N. Ward Lambert Mike Shetterly Bill Wilson Corporate Business Law Eric Amstutz Melinda Davis Lux Ted Vick Criminal Law Beattie Ashmore James Jim Bannister Ryan Beasley William A. Coates Frank L. Eppes Troy Tessier Judge William Billy Wilkins Environmental Rita Barker Michael Bogle Phil Conner Gregory J. English Josh Smith Estates and Trusts Laurel Blair Natalie Dunham Randy Fisher Keith Meacham David A. Merline, Sr. Lesley Moore Family Law Bruce Bannister Tim Madden Sidney Mitchell Joe Ramseur Jessica Salvini Reid Sherard Tom Traxler Foreclosure James H. Cassidy Sterling Laney Charles LeGrand Scott Sanders Governmental Affairs John Moylan Judge William Billy Wilkins Healthcare Ben Alexander Howard Boyd Sandy Miller Clark Price Steven A. Snyder Insurance Jennifer Eubanks Steve Farrar W. Francis Marion, Jr Phil Reeves Intellectual Property Neil Batavia Hunter Freeman John Hardaway Terrell Mills Ben Mullinax Tom Vanderbloemen International Henry M. Burwell Frank T. Davis Jay Rogers Garrett Steck Labor and Employment Andy Arnold Mark Bakker Ted Gentry Ellison McCoy Randy Moody Tom Stephenson Fred Suggs Sandi Wilson Personal Injury Gene Covington Wally Fayssoux Ryan Montgomery Doug Patrick Phil Reeves Troy Tessier Real Estate Amber Glidewell Arthur Howson John Kehl Lindsay Smith James Jim Warren, III John Wyatt Tax Cary Hall David A. Merline, Sr. David A. Merline, Jr. Workers Compensation Suzy Cole Mills Gallivan Larry A. Welborn The above recipients were honored at a reception held at High Cotton on August 16, The reception was well attended and provided the well deserved recognition of each of the above recipients. For more information regarding the 2012 Legal Elite of the Upstate award and recipients, please see the August edition of Greenville Business Magazine at pgs

7 250h edition Page 7 The South Carolina Chapter of the Federal Bar Association invites the members of the Greenville Bar to attend its annual meeting and judicial reception at the Westin Poinsett Hotel in Greenville on Thursday, September 6, The topic for this year's event is "A History of Civility in the Federal Bench and Bar in South Carolina". At this year s event, our Chapter is unveiling a treasure of our federal bar s history the register of members of the prior Western District of South Carolina. This original register of federal lawyers in the Upstate was begun around This historic document contains signatures of some of South Carolina s leading lawyers during the first half of the 20th Century, including future jurists and public servants such as Strom Thurmond, Clement Haynsworth, Robert Hemphill, Robert Ashmore, James Mann, and Robert Figg. The register was kept by Judge Catoe until his retirement, when he gave it to Judge Traxler. Our Chapter of the Federal Bar Association has now been given the opportunity to reopen the book so that federal practitioners might once again have the privilege of signing their name to the register alongside these past luminaries of the bar. Use of the book appears to have continued until around 1948, and we are attempting to bring it up to date as best we can. CLE speakers will include Judge William B. Traxler, Judge Joe Anderson, Judge Mary Lewis, Jude Brucie Hendricks, Justice John Kittredge, Judge Gary Hill, Gene Covington, and Tom Traxler. The CLE will begin at 2:00 pm. Immediately following the CLE, we will host our annual judicial reception honoring the members of the federal judiciary in South Carolina. This should begin at approximately 5:30. Attendees will sign the historic register during the judicial reception. Please join us for the annual meeting and reception and take a moment to add your name to the historic register. The registration fee is $200 and includes 3 hours of CLE credit, the judicial reception, a one-year membership in the Federal Bar Association, and an opportunity to sign your name to the historic register. For more information contact Hannah Rogers Metcalfe at or fbareplies@malawfirmsc.com. Office Building for Rent. 10 Brookside Circle (off Wade Hampton Blvd) Mostly furnished and ready to move in square foot building has office, conference room, reception/secretary, waiting room, two restrooms, two file rooms. $1000 per month. Call Jim Sarratt or Bill Clarke at to see.

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9 250h edition Page 9 Available Office Space Office Space Available on Main Street 2 Blocks from Courthouse. Two top floor offices with windows overlooking Main Street available in large commercial suite located in Ivey Square Building at 200 North Main. Law office in place seeking another law practice to share space. Access to receptionist, waiting room, conference rooms, copier, Internet, kitchenette, and other amenities. For more information call Cason or John at East North Street: Large office space with private bathroom. All other amenities are shared, i.e., furnished conference room, waiting area, kitchen, public bathroom, parking. Other amenities may include shared phone system and high speed internet if lesee so chooses. Rent is negotiable. This space is perfect for a solo practitioner. For more information please contact Tesa at Office space for lease: Large office with secretarial work area available on Poinsett Highway, north of Cherrydale Shopping Center. Included are receptionist, waiting area, use of two furnished conference rooms, kitchen, bathrooms, ample parking, and utilities. Potentially included are computer(s), PCLaw software, high speed internet, copiers, and fax machine. Rent is negotiable. Please contact Robbie Childs or Sue at for more information. Two Offices for Rent. Utilities included but not telephone. 644 E. Washington Street, Greenville, SC. Contact: For Lease. 119 Manly Street across from Bilo Center, in Pettigru Historic District square feet, 9 rooms, library conference room in carefully historic restored 1925 residence ideal for a law office. In excellent condition and up to date. Adjoining parking for nine cars. Kitchen area. Contact owner John M. Dillard For Rent: 522 N. Church St., DOWNTOWN GREENVILLE. One story building with ample office space and parking conveniently located behind Bi-Lo Center. $1300 /month. Includes cleaning, utilities, telephone system with receptionist and conference rooms. Contact John Abdalla at or abdallalaw@yahoo.com for additional information. For Rent: New suites $1,000-1,200 monthly or singles $450/225 ft up. Reception, kitchenette, bath, covered and front porch, parking, ground level or main. Location: W. Stone Avenue at Wilton Street near to Downtown Greenville or Second Floor Suite located at 204 Lavina Ave. Space includes 4 rooms and a bathroom. Call for more information. 3 administrative offices (8 x 12) for $300 each and 2 executive offices (13 x 20) for $500 each. Monthly rent includes utilities, use of conference room, kitchen/break room, internet and ample parking. Office space for rent. Prestigious downtown location. One office, with access to two conference rooms, break room and common area. All utilities, except phone included. Shared reception. $750 a month. Please respond to: P.O. Box 10296, Greenville, SC Office Space Available. 1,500 to 1,600 square feet. Utilities and cleaning included. Located at 27 Cleveland Street. Contact Lora Johnstone at Offices for Lease in Historic District. Three large offices available with large shared conference room, break room and reception area. Additional space available on 2nd level. Wellknown building, high traffic volume with easy access to courthouses and I-385. Walking distance to downtown. Located on the corner of Williams and Pettigru St diagonally across from rear entrance of the Poinsett Club. Lease all or individually. Sizes range from sq. ft. For information please call , or Office Space Available on Main Street 2 Blocks from Courthouse. Top floor office with windows overlooking Main Street available in Ivey Square Building at 200 North Main. Law office in place seeking another law practice to share space. Access to receptionist, waiting room, conference rooms, copier, Internet, kitchenette, and other amenities. For more information call John at