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 Over 140 attorneys attended the Spring Luncheon at the Poinsett Club on March 14. The featured speaker was Judge Letitia Verdin, who delivered an excellent message on civility in the law. Two things Judge Verdin said inspired this month s letter. First, she mentioned that she enjoys watching documentaries. Second, in perhaps the most memorable of her remarks, Judge Verdin reminded us that we lawyers should strive to bring honor and respect to our profession by the way we conduct ourselves in the eyes of the public. She referred us to the South Carolina Rules of Professional Conduct, which describes attorneys as public citizens having special responsibility for the quality of justice. Judge Verdin commended to the audience the criteria the Greenville Bar has established for selection for the Tommy Thomason Award, and reminded us of Tommy s wonderful qualities as a respected and beloved attorney. Judge Verdin s remarks were relevant and well received. I will have more to say about Tommy later this year. I commend to Judge Verdin and to those of us who like her enjoy documentaries the 1964 film Point of Order. The subject of the documentary is the United States Senate Army-McCarthy hearings of These hearings were broadcast on live television and concerned an investigation into whether Senator Joseph McCarthy improperly pressured the Army to grant special privileges for Private David Schine, who before his induction was a member of Senator McCarthy s investigative staff. Senator McCarthy was the powerful and feared chairman of the Senate s Permanent Subcommittee on Investigations in the early 1950s. McCarthy s power came largely from his public pursuit of alleged communists embedded in the United States government. The story of Senator McCarthy s rise and fall is of a scope far beyond my ability to recount. It has many layers and is a worthwhile subject for more detailed examination. Point of Order, a collection of recorded highlights from the hearings, offers an interesting perspective on the hearings and how they helped bring an end to McCarthy s career. Point of Order offers a dramatic example of how an attorney who possessed admirable qualities of character similar to those of Tommy Thomason could use those qualities to influence public opinion about Joseph McCarthy and his McCarthyism, and turn the course of American history. Joseph Welch was the lead counsel for the United States Army and was retained to defend the Army against claims made by McCarthy that the Army s investigation of Schine was motivated by communists which had infiltrated the Army. Welch was a partner at Hale & Dorr, a Boston law firm, was a Phi Beta Kappa, and a graduate of Harvard Law School. The difference in personality and demeanor of Mr. Welch versus Senator McCarthy and his assistant Roy Cohn is striking. Whether one accepts or rejects McCarthy s and Cohn s positions in the hearings, those attorneys come across in Point of Order as the bad guys snide, sarcastic bullies whose singular tactic is the personal attack and the accusation that the Army s witnesses are communist sympathizers. A Democratic member of the committee, Senator Stuart Symington, makes the point near the end of the documentary when he says Apparently every time anybody says anything against anybody working for Senator McCarthy, he is declaring them and accusing them of being communists! (Continued on page 2) 247th edition April/May 2012 UPCOMING EVENTS April 13: Family Court Liaison Meeting April 18: Family Court Judges Reception April 24: Family Social May 2: Law Week Luncheon May 4: Judge Eppes Golf Tournament May 22: Judges Reception December 13: Christmas Party Inside this issue: Family Social 2 Law Week Events 3 Family Court Judges Reception 3 Golf Tournament 4 Announcements 5 Verdicts 6 Guest Article 7 Meet a Few Young Lawyers Available Office Space 8 9
2 247th edition Page 2 (Continued from page 1) In contrast, Attorney Welch appears to be a fairminded,, kindly advocate who even in the most heated exchanges displays respect for the process, the committee members, and, for the most part, the witnesses he examines and the attorneys he opposes. The climactic scene in Point of Order begins when Senator McCarthy, responding to a vigorous cross-examination by Welch of Roy Cohn by Welch, reveals that a young associate at Welch s firm, Fred Fisher, had once had communist ties. For those of you who did not know Tommy Thomason, you will see a hint of how Tommy practiced law in how Joseph Welch reacted to McCarthy s attack on the young Fisher. I will not try to recount Welch s response here. If you are interested, you may watch the documentary or you may find Welch s response to McCarthy on YouTube. The audience in the Senate chamber erupted into applause when Mr. Welch finished his comments and called on the Chair to call its next witness. In retrospect, the television audience was watching the beginning of the end of the era of McCarthyism, brought about by Joseph Welch s passionate defense of his young associate. There are a few moments in American television history that are so powerful and so poignant. I hope you will find the film and watch it. We have plenty of opportunities to get together in April and May. Family Court judges from all over the state are holding their annual convention here in Greenville this month. A reception in their honor will held Wednesday, April 18, at 6 o clock at the Westin Poinsett. On April 24, a family social is planned at the Greenville Zoo. Law Week will be April 30 through May 4 this year and there will be a variety of activities for you. May 22 will be our Annual Judges Reception. All members of the Greenville Bar are welcome to participate in these events. All you have to do is look for details in the GBar News and sign up! The Executive Committee is working hard as always to provide you with a variety of activities at a great price. We hope you will take advantage and participate you are always welcome! Clark BRING YOUR FAMILY And join the GREENVILLE COUNTY BAR At our 2nd Annual Family Night at the Zoo Tuesday April 24 5:30-8:00 pm Only $10 per family Includes admission to the Zoo, dinner provided by Chick-fil-A, beverages (including kid friendly drinks along with beer and wine) and a stuffed animal for children Please RSVP no later than April 20 to Melinda at or with how many will be attending in your family and how many children Payment can be sent to GCBA, PO Box 10145, Greenville, SC *Please note that the GCBA has a 48 hour cancellation policy on all our events.
3 247th edition Page 3 LAW WEEK EVENTS Tuesday, May 1, 2012 South Carolina Bar Association and the Greenville County Bar Association s Wills Clinic Senior Action, 50 Directors Drive, Greenville, SC am 3 pm Volunteers are needed to write simple wills for the elderly. No expertise in estate law needed. To volunteer for a one-hour time slot contact Jason Halliburton at or Wednesday, May 2, 2012 Law Week luncheon Poinsett Club Noon $15 Speaker: The Honorable Aphrodite K. Konduros Honoring those Greenville attorneys who have been admitted to the South Carolina Bar for forty-five years Honoring the recipient of the Paul B. Wickensimer Award RSVP to no later than Friday April 27. Thursday, May 3, 2012 Greenville County Bar Association and Greenville County Solicitor s Office Blood Drive Greenville County Courthouse 9 am to 1 pm No need for an appointment. However, if you would like to make one, contact Emily Whitney at or Friday, May 4, 2012 Judge Eppes Memorial Golf Tournament Greenville Country Club See Flyer on page 4 of this newsletter. The Greenville County Bar Association Invites You and a Guest to a Reception in Honor of our South Carolina Family Court Judges April 18 5:30-8:30 pm Drop-in Westin Poinsett Hotel Members and a Guest: $10 per person on or before April 3 $20 per person after April 3 Non-Members: $50 RSVP to or Send checks payable to the Greenville County Bar, PO Box 10145, Greenville, SC 29603
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5 247th edition Page 5 Announcements Nexsen Pruet is pleased to announce that William W. Billy Wilkins, a member (partner) in the firm s Greenville office, has been selected as a 2012 Platinum Compleat Lawyer by the University of South Carolina School of Law. Each spring, the USC Law School Alumni Association recognizes nine attorneys who demonstrate outstanding civic and professional accomplishments as well as exemplify the highest standard of professional competence, ethics and integrity. Nexsen Pruet is pleased to announce that Greenville attorney Tom Stephenson has been selected as a recipient of a 2012 "Leadership in Law" award. South Carolina Lawyers Weekly presents the annual awards to attorneys who are working to better the legal profession through mentoring and involvement within their community as well as going above and beyond in their everyday job. Stephenson practices primarily in the areas of labor law, employment law, and employmentrelated litigation. Additionally, he mediates cases of all types in South Carolina. He is certified by the SC Supreme Court as a Specialist in the area of Employment and Labor Law and is the Chairman of the Board of Trustees for the Medical University of South Carolina. Turner Padget Graham & Laney, P.A. is pleased to announce its recognition by Benchmark Litigation as South Carolina Firm of the Year. The honor was presented at Benchmark s inaugural awards ceremony on March 8, 2012 in Atlanta. Turner Padget was selected for the award following outstanding peer feedback conducted by Benchmark s research team from November 2011 to January The 2012 edition of Benchmark Litigation: A Definitive Guide to America s Leading Litigation Firms and Attorneys, which was published in November 2011, named Turner Padget as a highly recommended firm for litigation in South Carolina. In addition, the publication recognized nine of Turner Padget s shareholders as local litigation stars. Compass of Carolina will be at the next Family Court Liaison Meeting on April 13, 2012 at 1:00 pm to discuss their Children Cope with Divorce/TransParenting program for parents in contested custody/visitation cases. They have received some remarkable accolades as to the seminar s helpfulness from many parents over the years. If you have any questions concerning this program contact Hadley H. Mullen, LISW-CP, Director of Clinical and Educational Services, Ext The legal publication Benchmark Litigation has named Richard Davis v. A&E Television Networks as the 2011 South Carolina Case of the Year. Billy Wilkins, head of Nexsen Pruet s Appellate Advocacy Group, and Kirsten Small represented Davis on appeal before the United States Court of Appeals for the Fourth Circuit. The case dates back to 2004, when Davis shopped around his idea of a house-flipping TV show. He and A&E struck a deal to share net profits equally. Then, the cable network produced and aired 13 episodes of Flip this House. The programs detailed how Davis company, Trademark Properties, renovated and sold houses around South Carolina. McNair Law Firm, P.A. is pleased to announce that four attorneys from their Greenville office have been selected by their peers for inclusion in South Carolina Super Lawyers 2012 including one selected as South Carolina Rising Starts With areas of practice, those selected in McNair s Greenville office are: Ronald E. Cardwell - Environmental, Weyman C. Carter - Bankruptcy & Creditor/Debtor Rights, Hunter S. Freeman (Rising Star 2012) - Intellectual Property Litigation, and Rita M. McKinney - Employment & Labor. Collins & Lacy shareholder Jack Griffeth has been honored as a 2012 Super Lawyer for his practice in Alternative Dispute Resolution. His 35-year practice of law has focused on defense trial work, representing employers in employmentrelated litigation and mediation. Griffeth has appeared on the Best Lawyers list consecutively since 2005 and has an AV rating with Martindale-Hubbell. Three Greenville-based Nelson Mullins Riley & Scarborough LLP attorneys have been selected by their peers to the 2012 list of South Carolina "Super Lawyers" in three practice areas. Three additional Greenville attorneys were selected to the list of "Rising Stars" in three practice areas. Also, A. Marvin Quattlebaum, Jr. was among the top 10 attorneys receiving the highest point totals in the nomination, research, and blue ribbon review process. The Greenville attorneys listed in Super Lawyers are: William H. Foster, Employment & Labor; Timothy E. Madden, Family Law; and A. Marvin Quattlebaum, Jr., Business Litigation. The Rising Stars are: Dowse Bradwell "Brad" Rustin IV, Business Litigation; Reid T. Sherard, Family Law; and Ashley Summer, Intellectual Property. Seven Smith Moore Leatherwood attorneys have been named top attorneys in 2012 by South Carolina Super Lawyers magazine. One other attorney has been selected as a South Carolina Rising Star of Smith Moore Leatherwood attorneys honored as 2012 South Carolina Super Lawyers are: Bill Dennis (Estate Planning & Probate), Steve Farrar (Business Litigation), Mike Giese (Business Litigation), Tod Hyche (Estate Planning & Probate), Tami McKnew (Franchise/Dealership), Rob Moseley, Jr. (Transportation/ Maritime) and Kurt Rozelsky (Transportation/Maritime). The Smith Moore Leatherwood attorney honored as a Rising Star of 2012 in South Carolina is Fredric Marcinak III (Transportation/Maritime). Nexsen Pruet is pleased to announce that twenty-four attorneys, including five who practice in Greenville, have been listed in the 2012 edition of South Carolina Super Lawyers. Attorneys listed as Super Lawyers from Greenville are Tom Stephenson (Employment Litigation: Defense), David Gossett (Banking), Jim Price (Business Corporate) and Billy Wilkins (Criminal Defense: White Collar). Additionally, (Continued on page 6)
6 247th edition Page 6 Announcements Cont. (Continued from page 5) Greenville attorney Amy Allen Hinson has been listed as a Rising Star in the area of Intellectual Property. Fourteen Wyche attorneys were recognized in 2012 by South Carolina Super Lawyers, a rating service of outstanding lawyers from more than 70 practice areas who have obtained a high degree of peer recognition and professional accomplishment. Wallace Lightsey, Chair of Wyche s Executive Committee, received special recognition as one of South Carolina s top 25 lawyers. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. Two Elmore Goldsmith attorneys have been named top attorneys in 2012 South Carolina Super Lawyers magazine. Mason A. (Andy Sr.) Goldsmith was recognized as a Super Lawyer in the area of Business Litigation. L. Frank Elmore was recognized as a Super Lawyer in the area of Construction Litigation. Both attorneys have been recognized by Super Lawyers each year since Verdicts Caption: Halbert H. Brockman and Deirdre Brockman vs. Melissa Ballard Attorney for Plaintiff: Johnny Peace, Ken Sowell Attorney for Defendant: Eric Englebardt Cause of Action: Wreck Verdict for Plaintiff in the amount of $7,000 Caption: B.C. Lawn Care, Inc vs. Christopher Trucks Inc Attorney for Plaintiff: Candy Kern-Fuller Attorney for Defendant: Marvin Quattlebaum Cause of Action: Conversion Verdict for Defendant in the amount of $ Caption: Tammy L. Moore vs. Billy D. Bright Attorney for Plaintiff: Christopher David Lizzi Attorney for Defendant: Geoffrey Gibbon Cause of Action: Motor Vehicle Accident Verdict for Plaintiff in the amount of $3,500 Caption: Patricia C. McLean as PR of the estate of William Eugene Conner vs. BB&T and Aurelia Connor Attorney for Plaintiff: Clayton Jennings Attorney for Defendant: Robert Waldrep, Jr Cause of Action: Breach of Contract Verdict for Plaintiff in the amount of $21,700 Caption: Enigma Corporation vs. Lane Watson Owen, Lance Wesley Owen, and Lawrence Owen, Jr. Attorney for Plaintiff: Dana Mitchell III Attorney for Defendant: T. David Rheney and Lawrence Owen Jr, pro se Cause of Action: Breach of Contract Verdict for Plaintiff in the amount of $120,000 Caption: Paula Johnson vs. James L. Kymer, Jr. Attorney for Plaintiff: Teresa Cosby Attorney for Defendant: Kyle Thompson Cause of Action: Wreck Verdict for Plaintiff in the amount of $22,500 Caption: Susan B. Carter as PR of the estate of Dean W. Carter, deceased vs. Upstate Cardiology, PA; Douglas S. Head, MD; Arrhythmia Consultants, PA; Robert W. Hull, MD Attorney for Plaintiff: Randy Hood, Joey Wright, Jay Wright Attorney for Defendant: Pat Paschal, Jamie Hood, Molly Craig, Happell Scurry Cause of Action: Medical Malpractice Verdict for Both the Defendants Caption: Anetta Grabowska Van Haagan vs. Starbucks Coporation d/b/a Starbucks Coffee Company Attorney for Plaintiff: David Hartman Attorney for Defendant: David Rheney Cause of Action: Personal Injury Verdict for the Defendant The March Luncheon was approved for 0.5 hours of ethics CLE credit under course # If you attended this luncheon, please your SC Bar # to
7 247th edition Page 7 Jail Project Closing By Stephen J. Henry, Director, Law in Action We ended the Jail Project on June 30, It started over eight years ago as a pilot program to see if volunteers could help reduce jail overcrowding. Later, with the help of several annual grants from the South Carolina Bar Foundation, as well as financial support from Greenville County and the Hollingsworth Foundation, the Jail Project s impact was truly felt. For the past four years, Jail Project investigators have worked daily to reduce overcrowding at the Greenville County Detention Center and to provide due process for unrepresented pretrial detainees. Our investigators contacted police officers, victims, witnesses, family members, magistrates, prosecutors and employees to help gain early and safe release of jailed magistrate court detainees. Releasing these inmates has saved money for the county, helped process cases more quickly and provided much needed assistance to detainees. Some of the letters we have received from released inmates demonstrate the program s success has been more than the cost savings. For the past three years Law In Action has advocated strongly on behalf of indigent detainees for the right to counsel. As a result, indigent magistrate court detainees are now offered free lawyers as required by the United States Supreme Court. The right to counsel is now an integral part of the Greenville County criminal justice system. This fact is a credit not just to the Law In Action Jail Project but also to the many professionals who have embraced the 6 th Amendment and helped put it into action. It has been the cooperation of many people in our local criminal justice system that has made the Jail Project successful. We thank all of you. The Greenville County Detention Center has provided jail lists, set up interviews and provided records. The Solicitor s Office consented to personal recognizance bonds in appropriate cases. The magistrates have reconsidered and modified bonds for defendants based upon the results of our investigations. Bond Court has been a huge success, including the magistrate s cooperation in providing the right to counsel choice for all indigent detainees. Sheriff deputies have answered our calls and given us key information about cases so that the magistrates can reconsider bond conditions. The Circuit Public Defender s willingness to accept new court appointed cases has been essential in making the constitutional right to counsel a reality. The judges of the 13 th judicial circuit acted with clarity by issuing an important court order affirming the right to counsel case decisions of the United States Supreme Court. When we started this project, many pretrial detainees who faced 30 day charges stayed in the jail as long as six months before their cases went to trial. In October 2010, Chief Justice Jean Toal issued an order requiring bond release for any pretrial detainee facing a thirty day maximum sentence and who had been in jail for thirty days. This simply is the fair way to handle these cases. It also saves money. In Greenville, the Jail Project has been monitoring those defendants and obtaining their release for the past four years. During that time we estimated jail housing cost savings at over $1 million. Now that we have closed down the Jail Project, I would like to see the magistrates introduce a system to review bonds daily for minor offenses similar to what the Greenville City Court does. It might be necessary to add a staff person for this task but it will certainly pay dividends in the long run. One of the Jail Project s most important functions has been the investigation of bond factors. Defendants charged with disorderly conduct, breach of peace, public drunk and similar offenses should have their bonds checked at 3, 5 or 10 days. It makes no sense to keep someone in jail longer than a few days for these kinds of offenses. Investigation of other factors can also lead to early and safe release of jailed defendants. Some of those factors include: a victim s consent to release, a defendant s willingness to seek drug rehabilitation, payment of restitution in fraudulent check cases or an eyewitness s statement that conflicts with the initial information reported to the police. We have learned a lot in eight years and I hope we have made some positive contributions. On behalf of the many past investigators, volunteers, student interns and the Law In Action board of directors, thanks to everyone who has provided help and support to the Jail Project. Law In Action will continue to work with other projects.
8 247th edition Page 8 Meet a Few Young Lawyers... In an effort to introduce young lawyers to the Greenville Bar, please enjoy the following profiles. Please contact these lawyers and welcome them to Greenville, take them to lunch or send them some extra work! Luke A. Burke Luke is an associate at Moon Law focusing primarily on commercial and real property litigation. He grew up near Chicago and was happy to escape the cold when he moved to Greenville in He recently graduated with honors from USC School of Law in May, During school, Luke performed research for Dean Montgomery and reviewed contracts for USC s Intellectual Property Office. He was also member of Law Review and pitched for the championship winning USC Law Softball Team. After graduating from the University of Notre Dame in 2002, he worked as a software developer for several years before entering law school. Luke s greatest passion about being a lawyer is that each case brings new challenges and learning opportunities both within and beyond the law. Please feel free to contact Luke at or by ing him at Jonathan Schulz Jonathan Schulz is a law clerk to the Honorable William B. Traxler, Jr. for the United States Court of Appeals for the Fourth Circuit. He is originally from Columbia but has been enjoying living in Greenville. Prior to his clerkship, Jonathan worked for Nelson Mullins Riley & Scarborough in Atlanta in the area of products liability litigation. He is a 2005 graduate of the University of North Carolina at Chapel Hill, BA Psychology, and a 2010 graduate of the University of South Carolina School of Law. Jonathan s hobbies include hiking in the upstate and in the Pisgah National Forest, playing soccer, and following UNC sports. You can reach Jonathan at Need a Mediator? Call Carolina Mediation Services James C. Williams Jr Certified Arbitrator and Mediator, Certified Family Court Mediator and Retired S.C. Circuit Court Judge Let my experience work for you The Executive Committee of the Greenville County Bar Association welcomes your comments and suggestions. Please feel free to contact us at anytime at or Keowee Lakeshore Drive Seneca, S.C
9 247th edition Page 9 Available Office Space 1619 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 Available in Fully Renovated House at 114 Whitsett Street. Large Office and Secretarial Office with use of two conference rooms. Also included: Waiting and reception services, Avaya Phone System, Networked High Speed Copier/Fax/Scanner, Networked Encrypted Server, High Speed Internet, Stocked Refrigerator and parking. Please call for more details. 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 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 N. CHURCH STREET: 2 large offices in office building w/ ample adjoining parking - $500 per month per office. Close to Federal & State Courts. Shared areas include reception, library/conference, bathrooms, and kitchenette. Additional secretarial office and use of high-speed copier/fax/scanner, network encrypted server, high speed internet, and some office furniture are available and negotiable. Call for more details or to arrange an inspection. 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 for additional information. 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 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
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