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Register for the 2015 LPM-TECH Conference

Formerly the Solo and Small Firm Conference & Tech Expo, the Law Practice Management-Technology Conference will be held Sept. 18 in Columbia. Join your colleagues for this exciting opportunity! New this year, we welcome the Young Lawyers Division as a ...

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2015-16 Desk Books now available!

The 2015-16 “Lawyers Desk Book” was mailed to all active Bar members in mid-August. All active members receive one complimentary copy each year. Additional copies are available for $25 plus applicable sales tax. Visit www.scbar.org/deskbook for more information. Did you ...

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Recent court ruling recalls an old case of thwarted justice (access required)

The U.S. Supreme Court recently addressed the duty of the prosecutor to be fair to persons charged with crimes. In Smith v. Cain, the court ruled that a prosecutor in New Orleans engaged in prosecutorial misconduct when he failed to disclose prior statements made by an eyewitness who identified Juan Smith as the person who killed five people in a 1995 shooting. Prior written interviews of the eyewitness were never produced to Smith’s attorney.

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“F” – as in felony – is the new Scarlet Letter (access required)

Is a convicted felon ever a proper person to hold a position within a profession or regulated industry? In one news report, it was questioned whether a convicted felon was a suitable person to transport human remains. More recently, the State Bar chose to continue the suspension of former Gov. Mike Easley rather than to apply the harsher penalty of revoking his law license. In each case, the party had previously pled guilty to one or more felonies.

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Judge stretched doctrine of cy pres “beyond recognition” (access required)

In an article in the Dec. 5 issue (“Legal battle between Charlotte neighbors ends with odd twist”), you reported on the resolution of Irby v. Freese, a suit brought by neighbors to enforce a setback requirement in a restricted subdivision in Charlotte. Originally dismissed for laches, the case was appealed, and the Court of Appeals reversed and remanded for a determination on the merits.

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