DOCSLIB.ORG

2020 Sc Bar Convention

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
2020 Sc Bar Convention 2020 SC BAR CONVENTION Technology Committee “Navigating Legal Technology Ethically in 2020 and Beyond” Thursday, January 23 SC Supreme Court Commission on CLE Course No. 200513 2020 SC BAR CONVENTION Technology Committee Thursday, January 23 What Does Ethical Competence Mean in the Digital Era? Sharon D. Nelson Esq. John W. Simek, CISSP, EnEC, MCSE+I, CNE South Carolina Bar What Does Ethical Competence Mean in the Digital Era? January 23, 2020 Presenters: Sharon D. Nelson President, Sensei Enterprises Inc. [email protected] John W. Simek Vice President, Sensei Enterprises Inc. [email protected] 703-359-0700 https://senseient.com Court News ... 2019-11-27-02 The Supreme Court of South Carolina Re: Amendments to Rules 1.0, 1.1, and 1.6, Rules of Professional Conduct, Rule 407, South Carolina Appellate Court Rules Appellate Case No. 2019-000318 ORDER The South Carolina Bar has filed a petition asking this Court to amend Rules 1.0, 1.1, and 1.6 of the Rules of Professional Conduct, which are contained in Rule 407 of the South Carolina Appellate Court Rules. The Bar proposes adopting modified versions of amendments the American Bar Association (ABA) made to the ABA Model Rules of Professional Conduct in 2012 as part of the ABA's Ethics 20/20 initiative. The amendments to these Model Rules are meant to provide guidance to lawyers about the benefits and risks of using certain technologies, with a particular emphasis on the protection of clients' confidential information. After reviewing the Bar's petition and proposed amendments, as well as the ABA's amendments to these Model Rules, we elect to adopt the ABA's version of the amendments to Rule 1.0 and Rule 1.6, with minor changes to reflect the differences between the ABA Model Rules and the Rules of Professional Conduct adopted by this Court. We adopt a modified version of the Bar's proposed amendment to Comment 6 to Rule 1.1, and decline to adopt the Bar's proposed new Comment 7. Pursuant to Article V, Section 4 of the South Carolina Constitution, we amend Rules 1.0, 1.1, and 1.6 of the Rules of Professional Conduct, which are contained in Rule 407 of the South Carolina Appellate Court Rules, as set forth in the attachment to this Order. The amendments are effective immediately. s/Donald W. Beatty C.J. s/John W. Kittredge J. s/Kaye G. Hearn J. s/John Cannon Few J. s/George C. James, Jr. J. Columbia, South Carolina November 27, 2019 Rule 1.0(r), RPC, Rule 407, SCACR, is amended to provide: (r) "Writing" or "written" denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording, and electronic communications. A "signed" writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing. Comment 6 to Rule 1.1, RPC, Rule 407, SCACR, is amended to provide: [6] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including a reasonable understanding of the benefits and risks associated with technology the lawyer uses to provide services to clients or to store or transmit information related to the representation of a client, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. Rule 1.6, RPC, Rule 407, SCACR, is amended to add new paragraph (c), which provides: (c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. Comment 20 to Rule 1.6, RPC, Rule 407, SCACR, is amended to provide: [20] Paragraph (c) requires a lawyer to act competently to safeguard information relating to the representation of a client against unauthorized access by third parties and against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer's supervision. See Rules 1.1, 5.1 and 5.3. The unauthorized access to, or the inadvertent or unauthorized disclosure of, information relating to the representation of a client does not constitute a violation of paragraph (c) if the lawyer has made reasonable efforts to prevent the access or disclosure. Factors to be considered in determining the reasonableness of the lawyer's efforts include, but are not limited to, the sensitivity of the information, the likelihood of disclosure if additional safeguards are not employed, the cost of employing additional safeguards, the difficulty of implementing the safeguards, and the extent to which the safeguards adversely affect the lawyer's ability to represent clients (e.g., by making a device or important piece of software excessively difficult to use). A client may require the lawyer to implement special security measures not required by this Rule or may give informed consent to forgo security measures that would otherwise be required by this Rule. Whether a lawyer may be required to take additional steps to safeguard a client's information in order to comply with other law, such as state and federal laws that govern data privacy or that impose notification requirements upon the loss of, or unauthorized access to, electronic information, is beyond the scope of these Rules. Comment 21 to Rule 1.6, RPC, Rule 407, SCACR, is amended to add the following sentence to the end of the Comment: Whether a lawyer may be required to take additional steps in order to comply with other law, such as state and federal laws that govern data privacy, is beyond the scope of these Rules. How Lawyers Can Manage Their Technology Well by Sharon D. Nelson and John W. Simek © 2015 Sensei Enterprises, Inc. Can lawyers actually manage their technology (instead of it managing them)? Buying, implementing, replacing and securing technology are huge challenges – especially when you have billable work to do. And yet, technology is the most important part of a law firm today – at least after the carbon-based units! What are lawyers doing wrong? Rare is the solo/small firm which does an annual review of its technology. Firms tend not to plan, but rather to buy technology when a new need arises, when a partner demands the latest cool tech toy, or when something breaks. In our world, we call that the “Break/Fix” method of (not) managing technology. For the most part, lawyers don’t even have a list of all the equipment they own. They don’t know when it was placed in service - they may think about this briefly in terms of depreciating capital expenses at tax time, but not in terms of planning to replace technology. And, God help them, they often listen to a vendor they just happen to run into at a conference or someone who persistently stalks them with a deal that sounds too good to be true (hint: it is). A lot of decisions are made quickly because lawyers are in such a hurry to get back to practicing law. Understandable, but it often results in poor decisions being made. Getting yourself organized First, let’s stress an important point: Technology has a life span. For most computers, laptops, tablets, smartphones, etc., that tends to be about three years. That does NOT mean that the devices will cease to work. It just means that we tend to replace them that often because performance will deteriorate as we ask more of our devices (specifically when software asks more) and because we tend to want/need new features in our technology. You may be able to stretch the lifespan of some equipment – servers, printers, multi-function machines, etc. - to five years. Second, let’s acknowledge that lawyers are terrible about budgeting. Make yourself a list of all the equipment you own, when it was placed in service and who has the devices (this will need updating each year). For the most part, experts recommend that you plan on refreshing your technology, with the exceptions mentioned above, every three years. That means you need to budget for replacing 1/3 of your technology each year. At the outside, budget for replacing ¼ of your technology each year. The ultimate and often seen nightmare is a “big bang” purchase of almost all the technology because everything is so out-of-date. This is a major hit to the law firm wallet. It is far less painful to do this over time. And don’t be cheap in your buying decision because you’ll regret it – lawyers need “business class” machines which can handle a lot of software being used at once. As we have wryly observed, lawyers have zero patience with slow computing. Hopefully, you have a relationship with a trusted IT consultant. Listen to the consultant when it’s time to purchase. Don’t just willy nilly buy things because you think you’ve found a great deal or because a vendor promises you the moon for a song. Your colleagues can be a good source of validation as well. But know what you don’t know and find someone who can lend a hand. Remember that Model Rule of Professional Conduct 1.1 now includes being competent with technology. If you are not, find someone who is (and if you find competence – hold it close, because it is darn rare). Kick the Tires! It is rare to find software that doesn’t come with a 30-day free trial, so for heaven’s sake kick the tires first and see if the software will work for you.
Load more

Recommended publications
  • An Analysis of Racially Disparate Bar Performance
    Florida State University Law Review Volume 23 Issue 3 Article 4 1996 Guests in Another's House: An Analysis of Racially Disparate Bar Performance Cecil J. Hunt II [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Cecil J. Hunt II, Guests in Another's House: An Analysis of Racially Disparate Bar Performance, 23 Fla. St. U. L. Rev. 721 (1996) . https://ir.law.fsu.edu/lr/vol23/iss3/4 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW GUESTS IN ANOTHER'S HOUSE: AN ANALYSIS OF RACIALLY DISPARATE BAR PERFORMANCE Cecil J. Hunt, II VOLUME 23 WINTER 1996 NUMBER 3 Recommended citation: Cecil J. Hunt, II, Guests in Another's House: An Analysis of Racially Disparate Bar Performance, 23 FLA. ST. U. L. REV. 721 (1996). GUESTS IN ANOTHER’S HOUSE: AN ANALYSIS OF RACIALLY DISPARATE BAR PERFORMANCE CECIL J. HUNT, II* I. INTRODUCTION ......................................................................... 722 II. THE ABSENCE OF DATA............................................................... 726 A. State Practices .................................................................. 726 B. State Studies ..................................................................... 728 C. Law School Admission Council Bar Study.................................. 729 III. JUDICIAL CHALLENGES TO THE BAR EXAMINATION ON THE BASIS OF UNLAWFUL RACIAL DISCRIMINATION.............................................. 734 A. The Judicial Record ............................................................ 734 1. Tyler v. Vickery ........................................................ 734 2. Parrish v. Board of Commissioners of the Alabama State Bar ....... 744 3. Richardson v. McFadden .............................................
    [Show full text]
  • Out of Town Job Search Guide
    TABLE OF CONTENTS I. INTRODUCTION 3 II. CDO RESOURCES 3 III. RECIPROCITY 5 IV. NETWORKING 5 V. INFORMATIONAL INTERVIEWING 6 VI. OUT-OF-TOWN JOB SEARCH TIMELINES 8 VII. JOB FAIRS 21 VIII. OUT-OF-TOWN JOB SEARCH ONLINE RESOURCES 25 I. INTRODUCTION Every year, many students conduct job searches outside of South Florida. Conducting a job search outside your current geographical area requires you to plan ahead to make the most of your time away from Miami. This Guide provides specific information on how to conduct such a search, and provides useful resources available from the Career Development Office (“CDO”). Regardless of where you want to start your legal career, the CDO is available to help you. We look forward to working with you. II. CDO RESOURCES The CDO offers a number of resources useful when conducting an out-of-town job search. A. JOB POSTINGS 1. Symplicity Job Posting Database (law-miami-csm.symplicity.com/students) The CDO maintains a job posting database on Symplicity which lists summer and school year positions, as well as post-graduate attorney postings. All University of Miami School of Law (“UM Law”) students and graduates have access to the Symplicity site, which is password protected. To obtain your username and password, please email the CDO at [email protected] with your full name, graduation month/year, C-number or Cane ID number and preferred email address. 2. Intercollegiate Job Bank (https://www.law2.byu.edu/Career_Services/jobbank/) The Intercollegiate Job Bank, maintained by Brigham Young University Law School, contains job postings from law schools around the country.
    [Show full text]
  • ABA Model Rule 8.4(G) Would Violate an Attorney’S Free Speech, Free Association, and Free Exercise Rights Under the First Amendment to the U.S
    To: Jodi Nafzger From: Steve Smith Re: Idaho State Bar Professionalism and Ethics Section Subcommittee on the Proposed Idaho Rules of Professional Conduct, Rule 8.4(g) Date: May 26, 2017 Thank you, and thanks to Brad Andrews, for the invitation to provide a dissenting opinion about the proposed Rule 8.4(g) (the “subsection”) that was approved on May 8, 2017 for discussion at the CLE on June 6, 2017. Also, I wanted to express my appreciation to all the subcommittee members for all of the time, energy and good discussion invested by them. The reasons that the rule should not be amended include the following: 1. The proposed subsection is a “solution” in search of a problem. Albert Einstein, who was a pretty good problem solver, was quoted as saying, “The framing of a problem is often more essential than its solution.” I don’t recall any evidence being presented in the Subcommittee’s deliberations that demonstrated an actual need in Idaho for the subsection, especially in light of the fact that provisions already exist in the rules to address the concerns that were raised. 2. The amendment would undermine the U. S. Constitution and threaten our liberties. Thomas Jefferson wrote the following to James Madison in 1787: "A bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse…." Abraham Lincoln echoed that belief when he said, “Don’t interfere with anything in the Constitution. That must be maintained for it is the only safeguard of our liberties.” Attached is an analysis of the Rule provided by a constitutional lawyer who has reviewed the ABA Model Rule and various state rules.
    [Show full text]
  • To View Our Firm Resume
    SPEED & SETA, LLC was formed in 2001 by Wallace Speed and Lesli Seta. The firm has expanded to become SPEED, SETA, MARTIN, TRIVETT & STUBLEY, LLC , a regional firm serving all of the Southeast, with offices in Alabama, Florida, Georgia, M ississippi, North Carolina, South Carolina, and Tennessee. The attorneys practicing at the firm dedicate their practice to the defense of businesses in civil litigation, including workers’ compensation, subrogation, general liability, and federal Longsho r e & Harbor Workers' Compensation. The firm proudly represents some of the largest insurance companies, employers, and third - party administrators in the country, in addition to local boards of education, local governments, and self - insured employers in our c ommunities. Martindale - Hubble rates the firm as an AV firm, the highest possible rating under the Martindale - Hubbell law firm rating system, and the firm's attorneys have been named to Super Lawyers and Best Lawyers in America. B IOGRAPHICAL S KETCHES P ARTNERS W ALLACE S PEED (1941 - 202 0 ) graduated from the United States Military Academy at West Point where he earned a Bachelor of Science degree, and he subsequently served seven years on active duty in the Army (Infantry) prior to entering law school. He graduated f ro m the Emory University School of Law and then spent several years as a Senior Assistant District Attorney in Atlanta. There he prosecuted numerous major felony cases, including the “ Atlanta Missing and Murdered Children ” case which attracted i nternationa l attention. While at the DA's office he attended Georgia State University at night and obtained a Master’s degree in Public Administration.
    [Show full text]
  • Introduction
    INTRODUCTION Nationally, approximately 40% of new attorneys work at firms consisting of more than 50 lawyers. Therefore, a large percentage of practicing attorneys work for small firms (fewer than 50 attorneys). Small firms generally do not have formalized recruiting procedures or a set “hiring season” when they recruit summer law clerks, school-year law clerks, or entry-level attorneys. Instead, these firms hire on an as-needed basis, and they hire year round. To secure employment with a small firm, students and lawyers alike need to be proactive in getting their name and interests out in the community. Applicants should not only apply directly to these firms, but they should connect via law school, community, and bar association activities. In this directory, you will find state-by-state hyperlinks to regional directories, bar associations, newspapers, and job banks that can be used to jump-start a small firm search. ALABAMA State/Regional Bar Associations Alabama Bar Association: http://www.alabar.org Birmingham Bar Association: http://www.birminghambar.org Mobile Bar Association: http://www.mobilebar.org Specialty Bar Associations Alabama Defense Lawyers Association: http://www.adla.org Alabama Trial Lawyers Association: http://www.alabamajustice.org Major Newspapers Birmingham News: http://www.al.com/birmingham Mobile Register: http://www.al.com/mobile Legal & Non-Legal Resources & Publications State Lawyers.com: http://alabama.statelawyers.com EINNEWS: http://www.einnews.com/alabama Birmingham Business Journal: http://birmingham.bizjournals.com
    [Show full text]
  • Multijurisdictional Practice of Law Under the Revised South Carolina Rules of Professional Conduct
    South Carolina Law Review Volume 57 Issue 3 ANNUAL SURVEY OF SOUTH CAROLINA Article 9 LAW Spring 2006 Multijurisdictional Practice of Law under the Revised South Carolina Rules of Professional Conduct Jane Hawthorne Merrill Follow this and additional works at: https://scholarcommons.sc.edu/sclr Part of the Law Commons Recommended Citation Merrill, Jane Hawthorne (2006) "Multijurisdictional Practice of Law under the Revised South Carolina Rules of Professional Conduct," South Carolina Law Review: Vol. 57 : Iss. 3 , Article 9. Available at: https://scholarcommons.sc.edu/sclr/vol57/iss3/9 This Article is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Law Review by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Merrill: Multijurisdictional Practice of Law under the Revised South Carol MULTIURISDICTIONAL PRACTICE OF LAW UNDER THE REVISED SOUTH CAROLINA RULES OF PROFESSIONAL CONDUCT I. INTRODUCTION In the 1998 case, Birbrower,Montalbano, Condon & Frank,P.C. v. Superior Court,1 the California Supreme Court shocked the national legal community when it held New York attorneys engaged in the unauthorized practice of law by representing California clients in a proposed arbitration matter that settled.2 The case spurred the American Bar Association (ABA) to revise and broaden the Model Rules of Professional Conduct to serve attorneys practicing in multiple jurisdictions.3 After the ABA adopted the revised rules, the South Carolina Supreme Court followed the trend of many other states by studying the revised model rules and adopting similar rules.4 The new South Carolina rules became effective on October 1, 2005.' This Comment provides an overview of revised Rule 5.5 and argues it broadens the opportunities for out-of-state attorneys to practice law in South Carolina.
    [Show full text]
  • DOCUMENT RESUME ED 364 487 SO 023 626 TITLE State and Local
    DOCUMENT RESUME ED 364 487 SO 023 626 TITLE State and Local Bar Associations Law-Related Education Activities. INSTITUTION American Bar Association, Chicago, Ill. Special Committee on Youth Education for Citizenship. PUB DATE [93] NOTE 26p.; For related items, see SO 023 625-628. AVAILABLE FROMAmerican Bar Association, Special Committee on Youth Education for Citizenship, 541 N. Fairbanks Court, Chicago, IL 60611-3314. PUB TYPE Reference Materials - Directories/Catalogs (132) EDRS PRICE MF01/PCO2 Plus Postage. DESCRIPTORS Alcohol Education; Drug Education; Elementary Secondary Education; *Law Related Education; Lawyers; *Learning Activities; Professional Associations; School Community Relationship; Social Studies; *Youth Programs IDENTIFIERS American Bar Association; Law Day ABSTRACT This document is a listing of the law-related education activities of state and local bar associations grouped by state. Under each state, the state association and often one or more local association are listed. Information on each association includes committees relating to law related education, a listing of law related education activities, funding sources, and the name, address, and phone number of the appropriate contact person. Some association listings also include volunteer recruitment strategies and resources. Listed activities include Law Day, mediation, Lawyer in the Classroom, teen court, mock trials, court docent, bicentennial, teacher education, programs f,31- at-risk youth, and drug prevention projects. The most common funding sources include general operating budgets, bar foundation grants, senior bar funding, Young Lawyers Section activity budgets, and organization dues. Volunteers are recruited by personal appeals, contacts for specific projects, publicity of projects, volunteer sign up sheets in dues packets, special invitations, and articles in organization newsletters.
    [Show full text]
  • Ethics Informational Packet Ancillary & Other Business Arrangements
    Ethics Informational Packet Ancillary & Other Business Arrangements Courtesy of The Florida Bar Ethics Department TABLE OF CONTENTS FLORIDA ETHICS OPINION Page # (Ctrl + Click to link) Ethics Alert: Business Arrangements with Nonlawyers ................................................................. 3 OPINION 02-8 ................................................................................................................................ 6 OPINION 98-1 ................................................................................................................................ 9 OPINION 97-3 .............................................................................................................................. 13 OPINION 95-2 .............................................................................................................................. 16 OPINION 95-1 .............................................................................................................................. 18 OPINION 94-6 .............................................................................................................................. 20 OPINION 92-3 .............................................................................................................................. 22 OPINION 88-15 ............................................................................................................................ 24 OPINION 79-3 .............................................................................................................................
    [Show full text]
  • Parameters of “Practice” for Law Students and Not Yet Licensed Law School Graduates
    Parameters of “Practice” for Law Students and Not Yet Licensed Law School Graduates Ethics Opinions RHODE ISLAND Opinion 2016-05 (5/19/16) Business activities; Nonlawyers; Division of fees with nonlawyers; Audits; Independent professional judgment. A lawyer is considering collaborating with a law school graduate who is not licensed to practice law to provide compliance services to governmental entities. The lawyer may not form a partnership with the nonlawyer and may not form a corporation in which the lawyer practices law and the nonlawyer participates in ownership or management. If the lawyer arranges for the nonlawyer to provide nonlegal services to a client, the lawyer may not pay the nonlawyer a fee that is tied to the lawyer's fee and must ensure that the nonlawyer's conduct is consistent with the Rules of Professional Conduct and that the clients are notified he is not a lawyer. R.I. Sup. Ct. Rules Art. II, R. 10; Provisional Order No. 18; Rules 5.3, 5.4. STATE BAR OF TEXAS Opinion 550 (5/04) Advertising and solicitation; Letterhead; Academic degrees. A lawyer who is a graduate of an accredited law school with a Juris Doctor or Doctor of Jurisprudence degree may use the titles “Dr.,” “Doctor,” “Doctor of Jurisprudence,” or “J.D.” in social and professional communications provided such use is not false or misleading in the particular circumstances. Opinions 198, 291, 306, 331, 344; Rule 7.01. SOUTH CAROLINA BAR Opinion 90-25 (10/90) Non-lawyers; Law school graduates. A law school graduate who works for a firm but has not yet received his bar examination results may handle law firm correspondence provided that his name does not appear on the letterhead, the letters do not violate the advertising rules, the graduate's work is reviewed by a supervisory attorney who takes responsibility for the work-product, and the graduate makes no false or misleading statements to clients or others regarding his status at the firm.
    [Show full text]
  • Animal Law Resources
    SC BAR ANIMAL LAW COMMITTEE A RESOURCE GUIDE TO ANIMALS AND ANIMAL LAW IN SOUTH CAROLINA This guide will assist in researching issues in Animal Law, Animal Rights and Animal Welfare. Animal Law topics include domestic and farm animals, marine mammals, wildlife, animal experimentation and endangered species. ~BOOKS~ Animal Law: Cases and Materials (2006). This academic casebook has chapters on property law, contract law, tort law, constitutional law and other legal topics as they relate to the law of animals. Authors, Sonia Waisman, Bruce A Wagman and Pamela D Frasch Animal Law: Welfare, Interests and Rights (2008). Written primarily as a textbook, this publication focuses on the issues surrounding animal law such as ownership, sales, divorce, recovery of damages for harm to animals and providing for animals in wills. This publication contains historical legislation and case law in the area of animal welfare. Author, David S Favre Animals and the Law: A Sourcebook (2001). This book is a survey of the most pertinent federal and state laws, regulations and court cases concerning animals. Chapters focus on companion animals, animal agriculture, animal entertainment, wild animals and laboratory animals. Author, Jordan Curnutt, PhD Animals, Property, and The Law (1995). This treatise consists of three main sections focusing on the status of animals as property. The anticruelty statutes and the regulation of animal experimentation. Author, Gary L Francione Encyclopedia of Animal Rights and Animal Welfare (1998). Brief articles on over 125 issues relating to the topic of animal rights and welfare. Almost all academic disciplines are represented from law to sociology to ethnology to veterinary medicine.
    [Show full text]
  • US Guide to Bar Admission Requirements, 2016
    Comprehensive Guide to Bar Admission Requirements 2016 NATIONAL CONFERENCE OF BAR EXAMINERS AND AMERICAN BAR ASSOCIATION SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR National Conference of Bar Examiners Comprehensive Guide to Bar Admission Requirements 2016 NATIONAL CONFERENCE OF BAR EXAMINERS AND AMERICAN BAR ASSOCIATION SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR National Conference of Bar Examiners EDITORS ERICA MOESER CLAIRE J. GUBACK This publication represents the joint work product of the National Conference of Bar Examiners and the ABA Section of Legal Education and Admissions to the Bar. The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association, nor has such approval been sought. Accordingly, these materials should not be construed as representing the policy of the American Bar Association. National Conference of Bar Examiners 302 South Bedford Street, Madison, WI 53703-3622 608-280-8550 • TDD 608-661-1275 • Fax 608-280-8552 www.ncbex.org Chair: Hon. Thomas J. Bice, Fort Dodge, IA President: Erica Moeser, Madison, WI Immediate Past Chair: Bryan R. Williams, New York, NY Chair-Elect: Robert A. Chong, Honolulu, HI Secretary: Hon. Rebecca White Berch, Phoenix, AZ Board of Trustees: Hulett H. Askew, Atlanta, GA Patrick R. Dixon, Newport Beach, CA Michele A. Gavagni, Tallahassee, FL Gordon J. MacDonald, Manchester, NH Hon. Cynthia L. Martin, Kansas City, MO Suzanne K. Richards, Columbus, OH Hon. Phyllis D. Thompson, Washington, DC Timothy Y. Wong, St. Paul, MN ABA House of Delegates Representative: Hulett H. Askew, Atlanta, GA American Bar Association Section of Legal Education and Admissions to the Bar 321 North Clark Street, Chicago, IL 60654-7598 312-988-6738 • Fax 312-988-5681 www.americanbar.org/legaled Chair: Hon.
    [Show full text]
  • THE STATE of SOUTH CAROLINA in the Supreme Court
    THE STATE OF SOUTH CAROLINA In The Supreme Court State of South Carolina, . Appellant-Respondent, v. Buyers Service Company, Inc., . Respondent-Appellant Appeal from Richland County George M. Stuckey, Special Circuit Judge Opinion No. 22730 Heard January 20, 1987 - Filed June 1, 1987 AFFIRMED TN PART; REVERSED IN PART. Attorney General T. Travis Medlock and Senior Assistant Attorney General Richard B. Kale, 3r.t both of Columbia, for Appellant-Respondent. Ray L. Derrick, of Funde-rburk and Derrick, of Columbia, for Respondent-Appellant. Edward G. Menzie, of Nexsen, Pruet, Jacobs and Pollard, of Columbia, Amicus Curiae for the South Carolina Bar. PER CURIAM: In this action the circuit court issued a declaratory judgment that Buyers Service Company, Inc. (Buyers Service) has illegally engaged in the ~ractice of law. Additionally, Buyers Service was enjoined from performing future acts deemed to constitute the practice of law. We affirm in part and reverse in part. FACTS Buyers Service is a commercial title company whicli also assi.sts homeowners in purchasing residential' real e-state. Its principal place of business is Hilton Read Island. The State brought this action alleging Buyers Service has engaged in the unauthorized practice of law by: (1) providing reports, opinions or certificates as to the status of titles to real estate and mortgage liens; (2) preparing documents affecting title to real property; (3) handling STATE OF S.C. V. BUYERS SERVICE CO., INC. real estate closings; (4) recording legal documents at the courthouse; and (5) advertising to the public that it may handle conveyancing and real estate closings. Buyers Service's clients are usually prospective home purchasers referred by local real estate agents.
    [Show full text]