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Nov 1, 2010

Wandering cows' owner not liable for wreck on highway

A woman who was injured when her car collided with cows on a Marion County highway could not sue their owner for strict liability under a state law because the cows were not trespassing, the Court of Appeals ruled. The decision hinged on two novel issues: Whether S.C. Code Ann. Sect. 47-7-130 imposed a strict […]

Nov 1, 2010

Court: No consent needed to prorate lump sum

Handing workers’ comp claimants a groundbreaking legal victory, the S.C. Supreme Court ruled that a totally and permanently disabled woman needed no other party’s consent to have her lump-sum disability award prorated over the span of her expected lifetime. In a unanimous decision that the woman’s lawyer called “historic,” the court ruled that the state […]

Nov 1, 2010

OSHA targets distracted driving

The U.S. Department of Labor’s Occupational Safety and Health Administration has announced an educational campaign calling on employers to prevent work-related distracted driving. Federal officials said the program would focus on prohibiting texting while driving. “Year after year, the leading cause of worker fatalities is motor vehicle crashes,” said Assistant Secretary of Labor[...]

Nov 1, 2010

'Digital natives' change dynamic of jury trials

The generation of jurors known as the “net generation” or “digital natives” — those who were born in the digital age and know nothing of life before the Internet — are changing the way trial lawyers try cases and the way juries decide them. Some trial lawyers with old-school sensibilities are coming to terms with […]

Nov 1, 2010

Open Bar

South Carolina Bar leaders christen new conference center

Oct 25, 2010

Class action challenges LPS's grip on foreclosures

Ever heard of LPS? Many attorneys haven’t. But LPS Lender Processing Services, Inc. and similar business entities exercise more day-to-day control over the conduct of bankruptcy, default and foreclosure cases in South Carolina and beyond than actual “clients.” At least that is what a recent class-action suit alleges. The case arose in the context of […]

Oct 25, 2010

Should SC lawyers 'punch the clock' on pro bono hours?

Palmetto State lawyers would be required to report how much pro bono work they do each year under a proposal to amend Rule 6.1 of the S.C. Rules of Professional Conduct. If the proposal wins approval, South Carolina would become the eighth state in the nation to mandate pro bono reporting. Participation in pro bono […]

Oct 25, 2010

Ethics opinion addresses appraisal waivers in mortgages

There are circumstances when a closing attorney ethically may disclose that a waiver of an appraisal right in mortgage documents might be unenforceable, but whether the attorney has an obligation to do so is outside the realm of professional conduct. So said the S.C. Bar’s Ethics Advisory Committee in a recent opinion. Ethics Advisory Opinion […]

Oct 25, 2010

Q&A: Challenge is matching unemployed lawyers with underserved clientele

Carrington Wingard of Florence is the current chair of the S.C. Bar’s Pro Bono Committee. A sole practitioner, Wingard received her undergraduate degree in government from the College of William and Mary and her J.D. from the University of South Carolina School of Law. Wingard previously served as counsel to the S.C. House Judiciary Committee, […]

Oct 25, 2010

Dicta From Desa: What's good about 'good funds'?

Earlier this month the State Supreme Court expanded its definition of “good funds.” The court first addressed this issue five years ago, when Rule 1.15(f) was amended to include a definition of “good funds.” Good funds are those funds which can be immediately disbursed from a lawyer’s trust account as soon as they are deposited. […]

Oct 18, 2010

A.G.s joining to investigate paperwork errors in foreclosures

The attorneys general of all 50 states and the District of Columbia have banded together to investigate the practice of “robo-signing” and other concerns that have arisen about banks and mortgage processing firms. Iowa Attorney General Tom Miller is heading the group, which also includes banking regulators from 40 states to probe potentially flawed foreclosures […]

Oct 18, 2010

What's an LL.M.worth? Hard figures are lacking and anecdotal data are mixed

LL.M. = Lawyers Losing Money. That’s a running joke in the online legal world these days, where bloggers and practitioners puzzle over whether a master of laws degree yields valuable returns for recipients or simply plunges them into another year’s worth of law school debt. It’s not an easy question to answer. On one hand, […]

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