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21 Transcript S.C. B. 1 (1977)

handle is hein.barjournals/tscb0021 and id is 1 raw text is: OF THE
soulI
CAROLINA
BAR

Volhime 21, No. I

Mid-Winter Bar Meeting Held

'I lie Souith Carlinai liar cullU
cluded its lid-year neeilg
ilt li i Ilad Island ,laniir y
15th with a penetrating look at
silie t i  i i .i' ilubers. Also  in-
cluded ir tire agenda was a
ils 'id hilts outline of tile
proucediral pl'ricesses ill tire
Uniled States Tax Ciiurt, fili
riolhlk ft. labor and ILir re-
lated issues. i lrrirg'ss report
fil  Its fiur e  Cionitinuing legal
educ a til  plalns, Il criirulitlee
ieetings find I section meet-
The final session fof the
Iree day imeet was a niick
trial, Tie Siate vs. Jhun Q.
Ilayers. The prireedings
wee carried rult with tongues
securely li cheeks, tot there
were knowm ig signs of recog-
nilin when tire accused was
charged with a long series of
offenses ranging from fail-
Ing Iii aniswer the telephone
calls (if othier attoreys, to not
keeping clinels properly in-
frirmeid of progress in matters
af fecting them, nnd failure to
stay aireast (if developments
ani laws.
Tire defense for accused
counsel contended that he was
troo busy find that tie trams-
gressions were grossly ex-
aggeriled. The jury, all
lawyers or lawyer wives were
charged at the conclusion to
take everything said Into ac-
count and after deliberatlon to
render their verdicts unto
thenmselves. The audience at
the mock trial was given the
same charge by the presiding
judge.
The exercise Is one which
bar officials hoped would
serve the same purpor. as
sales meetings serve for
salesmen - that is to remind

On Novemrer 17, 1976,
Ralph C. McCullough, It sub-
miltted his resignalion as Ex-
ecutive Director of Continu-
ing legal Education tn tIsula P.
Howell, P'resident of tine S.C.
liir. Mc('ullugh's resigna-
tion, which will become effec-
tive on August 30, 1977, will
mark tie end of seven years of
directing the C.LE. prograin
of first tire S.C. liar Assocha-
tin and later the S.C. liar fol-
lowing merger.
During those seven years,
over 70C.I.E. programs, rang-
Iint fron two hour E.T.V.
programs to courses of 20to 30
hnurs were conducted. At the
same time, the S.C. liar C.I.E.
program ediled and published
some    seven   volumes,
treatises, and form hnks,

lawyers of lihits they nlreaty
know and once practiced but
becu rse  if hu ai n  firaililies
need ti reacquire.
lieorirre 'fannienwald, ,tr., a
judge of the US Tax Court ini
Washingtrn gave a nuts aiid
bilts outline of the proce-
dures follwed in the US Tax
Court which is Iased ii
Washington but holds sessions
throughout the country. Judge
Tannenwald said, ve forget
that somue lawyers never get
into the tax court and tri many
of them a mystique exists
ai out the court. There is really
none. It is in most respects like
ither courts.
The court was established in
1926 tut has undergone very
little change. It had 16 jurists
originally and has changed
only ti the extent that there
are now 7 trial judges for
small tax calims. This is in
marked contrast to the many
times the numbers of tax-
payers and tax cases have
doubled and redoubled in the
51 years since the founding of
tire tax court. The courts hear
700 to 900 cases annually, but
there are many times this
number of cases which are
settled rut of court.
William Kilberg, the sol-
icitorfir general counselroft re
US Department of Laboir gave
the attorneys his views ailn

with another four presently in
production.
In  Iris letter of resignation,
McCullough stated that it was
his conviction that the C.l.E.
program had grown in the
point that a full-time director
was needed to continue and
expand the program.
McCullough, who has taught
at tile U.S.C. Iaw Scihool since
1968, and was assistant Dean
fronm   Decentiser.  1971
through July, 1974, served as
Execntive Director of the
South Carolina liar Associa.
tion from 1972 through 1974,
and in 1975 was electi.d Sec-
retary of tine S.C. Bar. tie is
presently the Secretary -
Treasurer of tire South East-
ern Chapter, AALS, and is
Chairman Elect oftiat organi-
zation for 1977-78.

what tire significant develop-
Irents affecting labor might
lie li the first rif the Carter
vears. Kilberg is expected ti
Iyave the departuent shortly
after tIre 21th if Jatuary.
Ile said tha ii I his judge-
Ient, transitions within tire
AIL-CI) woul include tire
stepping dliwn oirf Gemorge
Neany as ieau if tlie priw-erfir
laror federalion. There Is iI
possibility in the nit ti distant
furure according to tie labor
department liwyer that tile
United Auto Wrrkers uni)[)
might rejin tile AFl.-CIO,
fronn which it seceded during
tire incumbency of the late
Walter Reuthner.
Kilberg also expects labur
firces tii push for repeal of the
right to work laws, but
doubts if there is strength
enough to repeal 14 1. tie also
doubts whether any meaning-
ful nutional health Insurance
legislation will be enacted in
the next twit years. It appears
in his judgement that this
legislation will be ecirnomi-
cally impossible for the in-
comilntg administration.
The organized bar has been
woking o a plan for the in-
stitnidon of a mandatary con-
tinuing legal education prog-
ram almost since the time of
its re-oirganizatirn or merger
two years ago. Recently the
Chief Justice   of  Sout I
Carolina indicated that the
Court will insist on a plan for
CLE which the Court will ap-
prove implement, and control,
Tine Chief ,ustice did invite
the bar to prrvide recommen-
dations for such a program
and Columbia lawyer C. Alvin
See MEETING page 8
Flitily (bo11'1
Judi(geshipis
Pursuant to Act 690 of 1976.
cnnmonly referred to as tire
Jidicial Reform Act, the
General Assenibly will elect
thriry-eight family court
idges if) take office July I.
1977. Tire Joint Legislative
Screening Committee is now
accepting nuitices from candi-
dales seeking tIre oiffice. A
candidate desiring tio offer for
election to one of tile thirty-
eight judgeships should file
is notice rif intentiin ti seek
lie office with Senaror C. Ai-
rhony Itarris, Chairnan, Joint
Legislative Screening Coin.
iiittee. I.O. [li 142, State
Iloise, Coluimrnbia, Siutth
Carrlina, 29202. If rine should
have further questions con-
cerning his candidacy, he
See JUIGESItlPS page 9

Proposals  tir   create
statewide public defenders ir-
fices, to establish local screen-
ilg  committees to handle
grievances against lawyers
rind to revise criminal code
procedures were adopted
Thursday by tire Ilouse of )e-
legates of tile S.C. liar. lhe
first day  of tile  S.C. liar's
three-day winter irreeting at
Ililton |lead evoked this ic-
,lon .
According to Terrell Glenn,
a unemberofthe Comnmittee on
Procedural and 'irw Reform
rind co-chairman of its sub-
cnmmittee rn revision of
criminal procedure, abolish-
ment rf existing county public
defenders offices would occur
in lieu of development of a
statewide public defenders orf-
fice. Says Glenn, of tile prop-
osal, it just provides the
mechanics on a statewide sys-
tem, as defendants currently
have the right to counsel in
criminal cases. These defen-
ders would be appointed try
tire governor through recom-
mendation of the State Sup-
reme Court.
Establishing local commit-
tees to screen complaints
against lawyers would not re-
place the current statewide
grievance screening commit-
tee but would rather stand as
the first step in the grievance
process, informed Sen. hey-
ward McDonald, D.Richland.
McDonald is a member of the
House of Delegates, the bar's
Board of Governors, and is
chairmanof the Committeeron
Grievance Rules and Proce-
dures.

The foliwlrig excerpfromn ,
painel report uris provided iio
Tire Transcript by tie Ilard of
Conmimissioners on Grievance
und Discipline.
ADVERTISING
Advertising'        and
solicitatiln' have traditionally
been prohibited activities for
members of the liar.
A great nunber of proceed-
ings and opinions have dealt
with the subject of advertising
iy lawyers. All forms of ad-
vertising iscrmniended. It has
been held unethical for a
lawyer to mail announcements
to persons with whom lie had
had no previous dealings.'
Newspaper articles are
prohibited' as well as signs,'
ermbleoms url automrobiles, I and
liar insignia.'
Gifts are dealt with In the
C(de orf Prlfessional Itespon-
sibility in various sections:
, .  A lawyer should nut
compensate another person
frr recommending him, for in-
flnencing a prospective client

Creating similar coimit-
tees riri tile irO tly and judicial
circuit level iw ld lighten tile
Iliad trecause Mtcl)nld said
complaints have been a  tl--
Intlldiros  Irrd  on  tire
16-nerulter  turnd ;if (Ior lC iis
stoners (i (l rievance-s and
Discipline. tie uttde(t that
inllry  niilo r CoIrplainits Cruld
tue deall wilh oun tie local level.
The  prop sal will ie  itri'n-
duced It tile Slate Siprelue
Cort. McDonald said.
Thie pritposal tro rearrange
criinal code prircedures,
stated Glenili, was tire r esult [if
three years invest igal Ihn by
tile Conmillee on Prricedural
ant I,1,,w tlefi ireo and deals
with proicoll startig wit tihe
teginnrring of the cruinal pro.
cedure through the appeals
court.
fire trial and discvery
motions are arong ttre prlop-
used revisiorns. Appellate re-
view if certain types if sen.
tences tras also been sug-
gested, said Glenn. This would
require the development if
review panels for these cases
on the appellate level.
A mandate requiringspeety
trials, within 150 days of ar-
rest, is also includid in the
proposed action, Gle n1 in-
frrmed. At tile present tire no
stated length of time may
elapse between that of arrest
and trial in tire state of South
Carolina.
Also reconmuended in the
proposal Is that criminal (loc-
kets be placed tinder tie juris-
diction of tire court. Cirrently
they are controlled hy the sol-
icitors' offices.

to enrploy him, or to enicolrauce
fur nre recrnlne ndat ions.
1C2.8.
A lawyer shall not compen-
sate or give anythiog of value
to representatives of tile
press, radio, television or
other comunUication mediunt
in anticipation of or in return
for professional publicity iii a
news item. Dr2-l (c).
The impartiality ora pub ie
servant in our legal system
may he impaired by the re-
ceipt of gifts or loans. A
lawyer, therefore, is never
justified in making a girt or a
lun to a judge, a hearing if-
ficer, oir an official or emp-
iryce of a tribunal. EC7-341.
A lawyer shall not give or
lend anything orf value tIo a
judge, official, or emtployee ir
a tribunal. D117.10.
It is lirpr oper for judges to
accept Christmas presents
frrm lawyers practicing [ie-
fore them. Inforrnlrr  Opinion
No. 926, dated April 26, 1966,
See WORD page 9

,Jntary 1977

A Word 'i'o The' Wise

I

Dehypthes Ap/.prr
New' Crimninr PI'ro'du'e

McCulloll dh Resigns
As Bur CLE Dir'ech.

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