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22 Transcript S.C. B. 1 (1978)

handle is hein.barjournals/tscb0022 and id is 1 raw text is: SOU I1H CA ROLI NA HTRAN CRIPTCAROBAR Volume 22 No. 1 January, 1978 Mid-IrIntI r Mleing AIIraet, Over 550 The Ilonornhle Woodrow Lewls, Chief Justice of the S.C. Sup- retne Court. addressed members of thie S.C. Bar at Saturday noraitng's session of the Bar's Mid-Winter Meeting. 'file South Catlina liar re- centy coincluded one of its most successful Mid-Winter Met eilgs ever vith over 50 people ill attendance at the tna 1t 1 21 session. Del,.gtes were able to take sd vntage of a wide variety of Icc-ttings, seinhlars, and social activities, i%-itll lite Iuard of Giveritrs aid I oise of Dce- gtles tacklihg a iuimbrer or is- Coositlerable discussion was irelltered OIt tile question (if Iivver mlIvertising ating the IInaue ofr trletates. After ruch deltie tie Ilouse adopted giiielines allowing only newspaper advertising. In passing guidelines, ap- proved n:d Aittiust by the Board of (;overnors, the dele- gates rejected a more com- prehensie proposal try the Stb-eonititee on Profes- sional Standards that would have permitted radio, televi. sion and print-media advertis- trig. As the recommended guidelines now stand, an ad. vertisement mst be reaspn- able in si7c and dignified in no- tare. It may contain a lawyer's nalne and the nameof his or her firm; the business address, telephone number and rffice hours; aird a state- teat of rtot ine legal services offered and fees charged. Spelled out as being prohi- biled are: - Aiy information that is false, tiecetltiseormisleadiig. . Any offer to provide specific nn-routine legal ser- vices. - Arty claim that is not veri- flinble, or thait Is intended to create false, unjustifinlrle ex- pectations oi favorable re- suits. - Any statement as tn the quality or services offered or laudatory statenlats about a lawyer or grorlpi of lawyers. - Any offer to provide a service that is illegal or in- leads lIt prornlote or eticonrage law suits. - Any artistic or photo. graphic representalion-i. The guidelines will be srb- iitted to tire Supremre Court with n recommedalion that they lie adopted. In other action the Iouse approved the creation of a Family Law Section and a Crininal L.aw Section. A con- stitli onal anenldment to allow state-wide vote by mail it contested elections for rep- resentatives to the Board of Governorswas also adopted. A board was also created by the House to deal with attorney- client relatirnships iw the area of fee disputes. Because or a lack of a qnorur late in tie afternoon n proposal Io provide free legal service to low Income persons needing representation, primarily in family court, was not acted upon. The plan calls for cooperation with the De- partment of Social Services and woltd assign volunteer lawyers to indigents with civil legal problems. The volunteer lawyer would be compensated at a rate of $25 for in-court work and $20an hour forout of court. The plan has been en- dorsed by the Board of Gover- nors. Seminars of the Sections of Employment Law, Isurance, Negligence and Workmen's Compensation, Real Estate Practices, Corporation, Bank- Ing and Tax Law, and Family Law highlighted Friday's morning session with each at- tracling consiterale interest. That afternoon vanlious conl- mittees of the Bar met. Geierat ing considerable In- terest during the Young Lawyers Luncheon on Friday was an address by U. S. Dis- trict Judge Robert Chapman. Foscasing on the Arrogance of the Bureaucracy, lie ternied tire power atid arrog. aice ot iany federal rureaucrats as 'frightening. The yong lawyers group gave Chapinan n standing ovation after a speech laced with cans- See 'Meetling', p. 12 (:ttirl Aceplts (;ngoitieM itesignintl The South Car, ilna Sip. reme Court has accepted forler Marinalt Coullt y Senator.). Ralph Gasque's res- Ignation from the practice of law, slating that his nale shall be irrevocably stricken front the roll of attorneys in S.C. The nct lon preclts (;asle, convicted of conspiracy and misuseof federal unuey, frot practicing law it tils state. In a letter dated Novenber 27 to Chiief.lustice J. Woodrow Lewis, Gasqne relinquish,d his license to tile Court for health reasons. lie is cur- rently serving a sentence oflup to five years in a federal in- stlittion ll Lexlington, Ken- tncky. (;asque, at one little one of the state's most powerful legislators, was admitted to the liar in 19.11. Ilis conviction last June re- stilted from his using federal nmoney It, pay privale help in his Marion law office. Gnsqne's letter to ChiefJts- lice Lewis said in part: The doctors at the Medical College and my present doctors have agreed that I not return to tie practice of law. I have not practiced since June of 1976 and I do not plan to return to practice. New Sections Are Ioriid Tie House of Delegates of tile S.C. Bar approved the formation or Sections on Crim- li Law and Family Law at its recently concluded Mid- Winter Mecting In Columbia. Formerly committees, both Sections had experienced tremendous growth with its members feeling that Section status would allow further de- velopment and participation among Its netmbers. As a re- stilt written by-laws were submitted to tle tlouse and approved. Both comnittees more than qualified for Section statts as recent license fee notices ask- ing attorneys which Sectliot they desired to join saw 195 attorneys requesting mem- bership on the Family Law Section with 223 attorneys re- questing meinbership status on the Crininal Law Section. To qualify forSection status, a section must e comprised of at least 100 tmembers. Serving as Chairman of the Criminal Law Section is Itep. ltirert Knecce of Colmbia. Joe McEIvcenof Sumter Is tile chairman of tlre Family Law Section. See 'Sections', p. 12 Delay Said To Be Nurnler One Gri)e Oil Iawye'rs Procrastination by nttor- neys Is the iniiber-ome coat. plaint the S.C. Supreme Court's Comission oi Grie- vamices and Discipline consid- ers, according to tile comnlis- stll chairman. Addressing it seliniar on Professional Responsibility in Practice, Charleston attorneiy William Youngihlood said most attorneys cttld avoid gric- vance matters If they would routinely keep clients il- foriied of whet's going on in their case. Of the 200-plus complaints the commission considers at any given time, two-thirds re- late to procrastination, Yonghlood said. The seminar, part of the Bar's recent hid-Winter meeting at the Carolina Inn, dealt primarily with ethics questions, including fee dis- pites between attorneys and clients; withholding services Ballot Invalid For Tie F~ifth Circuit Through error three nanes were recently omitted from the Fifth Judicial Circuit bi- lot to tue Iouse of Delegates for 1978.0). This ballot, dated January 9, has been declared invalid. A new ballot containing three additional names lis been mailed to cacti Bar member within this respective circuit. The new ballot Includes the. addition of attorneg's Elliott D. Thompson, Richard M. Unger, and John It. Lester. To be counted ballots must be received by the S. C. Barno later tian February 10. The S. C. Bar regrets this errorand any Inconvenience it may have caused. until fees are paid; refnsint a clieit's attemlpt to disch:l I e his attorney; creating grett expectations ill a cliett's niilld for ulwining the case; tonflicls of interest; financial irhil - nlent with clients anti Cliii niitn gling fonds. The 16.niiiiiler cinilliS- shin, aponltled iy tihe S.'. Suprene (onlrt, iavesligales comla~ints ortaiiisl llolnrcys acclised of niisciondct, il1 the suprelme conrt allle ill- poises disciplinary aclion. AtI rneys alle dil the selmilnlar were advied to e- duce to writing fee at ranige ments witl clienls. Withholing service until a fee is paid is clearty I a iihical, aid attorleys nny rlolt I'tflise Io be discharged by clieits, the panel said Editors Note: The above story is rel tinled frlnt a Ie. cent lien' iaccotnat in Thcsit,- newspaper. l'if. .'I'lhIhrv- Ih'I'II(IFI I The Conti'-intg Legal Ed.it cation Dii:. on or tle South Carolina liar In coopeatiiion with tie Greenville Bar will loud a seminar ettitled 'inte Management for Attorneys February tiat Greenville TEC. First offered in Coltimbia this past December, it nwas well received at that liiiie with over 75 participants taking part. As a result, at the urging of Greenville liar mnetbers who were fit attendance, the semrinar Is now being riffered In their area. Dick Feralid, fntnder, the Center for 'ersonal levelop- ment, Columbia, will speak oni ways to combine personal and organizational goals lit order to increase prodclivity id solve problems. lie will also See 'Seminnr' p. 12

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