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Withdrawal

Aug 29, 2014

Attorneys – Tort/Negligence – Legal Malpractice – Withdrawal – Agency

Tuten v. Joel (Lawyers Weekly No. 011-104-14, 15 pp.) (John Few, Ch. J.) (John Geathers, J., concurring) Appealed from Aiken County Circuit Court (Doyet Early III, J.) S.C. App. Holding: A lawyer who closed his South Carolina office never actually withdrew from representing the plaintiff-client. A letter from a former associate to the client did […]

Aug 15, 2014

Civil Practice – Failure to Prosecute – Attorneys – Withdrawal

Lee v. n-Link Corp. (Lawyers Weekly No. 002-152-14, 14 pp.) (Cameron McGowan Currie, Sr. J.) 3:12-cv-02109; D.S.C. Holding: Where plaintiff was clearly on notice (1) of four long-pending motions for sanctions and summary judgment, (2) of the court’s warning that the deadlines for responding to those motions would not be extended, and (3) that the […]

Jan 9, 2012

Partnership – Agreement – Withdrawal – Lost ‘Rights’

Pellegrin v. Berthelsen Even though the parties’ partnership agreement takes away a partner’s “rights” once he withdraws from the partnership, this provision of the agreement does not prohibit plaintiff - a former partner who withdrew from the partnership — from suing his former partners for partnership dissolution/forced buy-out; breach of fiduciary duty; breach of contract; an[...]

Jun 21, 2011

Civil Practice – Attorneys – Withdrawal — Default Judgment – Motion to Set Aside

ITC Commercial Funding, LLC v. Crerar In two letters to appellant, Georgia attorney John West explained that he was not authorized to practice law in South Carolina and that appellant needed to find new counsel. Even if West did not comply with Rule 1.2(c) of the Rules of Professional Conduct, the trial court was not required to consider the RPC in determining whether West acted with reas[...]

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