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23 Transcript S.C. B. 1 (1979)

handle is hein.barjournals/tscb0023 and id is 1 raw text is: OF THE
SOUTH
CAROLINA
BAR

Volume 23, No. I                                                                                            January, 1979

Lawyers Caring About Lawyers
Judge Robert Hemphill
Assumes Chairmanship
rain camne from J. 1). 'rodd,Jr.,
President of the    South
Carolina tiar. Todd comment-
ingon the program said: I had
sevcral fricnds of the liar -
dear friendswho had beautiful
'1           careers ruined because of
their inability to cope with a1
-r  +situation. 1I added that the
pressure, tension and frustra-
tion of tile Ig al profession
I  .,.--          drove many to rink and abuse
-  'drugs.
The new chairman of the
committee, Judge Iemphill,
has had a distinguished
Htemphill           career.
United States DistrictJudge  A native of Chester, he at-
Robert Iemphill has assumed  tended the University of South
the positionoficrirmanor the  Carolina where he received
Lawyers    Caring   about   his All and LLB Degrees.
Lawyers Committee.            Admitted to practice in
The program was activated  1938, te was a member of the
lastmonthtohelplawyerswho  firm of lilmphill and Hem-
have alcohol and drug prob-  phlil from  1938-64. From
lems.                       1947-48 he represented Ches.
IHemphill said lie agreed to ter County in the South
become chairman of the com.  Carolina Legislature. For five
mittee because lar members  years he served as Solicitor of
are my brothers and sisters  the Sixth South Carolina Judi.
and I have acute feelings for  cial Circuit, and as a member
them.                      o~f the U. S. House of Rep.
The program has no funds,  rerentatIves from the Fifth
no grants, no glory. Nothing  Cori'ressional District from
but professional love of one  1957-4.
lawyer to another, the fed-  It. 19'4 he was appointed
eral judge said.             United S&ates District Judge
Lawyers needing help will  for the District of South
be given absolute confiden-  Carolina.
tiality, lemphill said, urging  Active in the American Leg-
those who need help not to feel  ion, he has served as a post
they will be punished in any  member and commander. lie
way. Volunteers from each   is a former recipient of the
county or judicial circuit will  Distinguished Public Service
be on call to help attorneys  Award from the American
with problems.              Legion, the Algernon Sidney
Htemphill recalls spending  Award from the University of
nine hours with a colleague  South Carolina, and the Judi-
who was threatening to com-  clod Award of Merit from the
mit suicide. After talking with  American Trial Lawyers As-
and listening to his friend, the  sociation.
crisis passed ard Iemphill   Married to the former
said I realize what a man can  Isabelle Anderson of Asher-
do with the comradeship of   ton, Texas, the Ilemphills are
one human being to another.  the parents of two daughters
The initial idea for the prog-  and one son.
Mid-Year Meeting
Attracts Over 550
The South Carolina Bar's   state's consumer protection
recently concluded 1978-79  code and rejected a third
Mid-Year Meeting was a huge  proposal that would prohhit
success as over 550 people  sellers from excluding or
were iii attendance.        ntmdifying warranties on new
The session opened with a  cu,sumer goods.
Board of Governors meeting    Also approved was a mess.
on Thursday, followed by a  ure requiring state agencies
Ilouse of Delegates meeting  which regulate trades or pro-
on Friday.                  fessions to assist consumers
While meetingl the House of  with complaints against pen.
Delegates touched on many   pie or businesses under the
important items, including a  ngency's jurisdiction. Addi.
rejectioaofo proposal for free  lionally, a provision to fine a
legal aid for the poor in couo-  creditorwho failed to give the
tie-s where no such assistance  required notification to con-
is offered (see story else-  sumers in default matterswas
where iu The Tran1script).  approved.
In other business the House  On Friday afternoon, an As.
-of Delegates approved two  sembly attracted a number of
proposals to strengthen the  See Mid-Year, cont'd. on p. 12

Board Certifies
House Nominees
Circuit delegate nominees
from even-iumbered circuits
to ',e leuse of Delegates of
tire South Carolina liar have
been certified by the Boardof
Governors.
TIhe frollowing were de-
clared nominated following
receipt of nominating peti-
tious.
2nd Judicial Circuit -Walter
Bedingfield,    Barnwell;
Charles E. Simons, I11, Aiken.
4th Judicial Circuit - D.
Kenneth Baker, Darlingtol
John I. Rogers, Ill, Ben-
nettsville.
6th Judicial Circuit - Wil-
liam C. Tindal, Lancaster.
8thJudicial Circuit - Watson
L. Dorn, Greenwood; Thomas
A. Iabb, Laurens.
10th Judicial Circuit - Wil-
lian N. Epps, Jr., Anderson;
Karl Kenyon, Anderson.
12th Judicial Circlut - flugh
L. Willcox, Jr., Florence;
Charles E. Godwin, Lake City;
.D. Laurence McIntosh, Flor-
ence.
14th Judicial Circlut - Peden
B. McLeod, Walterboro; II.
Michael Bowers, Beaufort;
Colden   R. Battey, Jr.,
Beaufort; F. Mikell Hlarper,
Benifort.
16th Judicial Circiut - W.
Clarkson McDow, Rock Iill;
John M. Spratt, Jr., York.
* The term of each circlut de-
legate Is two years and begins
with the adjournment of the
1979 Annual Meeting and ends
with the adjournment of the
1981 Annual Meeting.
In addition to the Circiut De-
legates, the House of Dele.
gates is composed of the
Board of Governors, former
presidents, one delegate from
each section, the Dean of the
USC Law School, and all state
bar delegates to ABA from
S.C.
Seminar Set On
Probate Practice
Tie Coatinuing Legal Edo-
cation Division of the South
Carolina Bar In cooperation
with the University or South
Carolina Law School will co-
sponsor a seminar on South
Carolina Probate Practice
March 16 at the University of
South Carolina Law School au-
ditorium.
Part of the topics to be co-
vered include: preliminary
probate proceedings ard sys.
temization, probating an es-
late, probate complications
arid an administration, estate
tax returns (state and federal),
and estate income taxes and
distributions.
The faculty includes Albert
Todd, IlI, and Albert Moses,
bolth of Columbia, Judge E. C.
Burnelt, Spartanhurg, Stanley
Applebaum, Columbia, David
Massey, aind Peter Curcio,
both of Greenville.
For further Information
contact, the South Carolina
Bar -   CLE Division at
799-7080.
Advanced registration is
encouraged to insure availa-
bility of course material.

ABA Head Urges Bar
To Safeguard Image

Shep Tate (left), ABA President, Is shown at the recent Mid.
Year Meeting with J.D. Todd, Jr., President of the South
Carolina Bar.
By HOLLY GATLING
Staff Writer
The State
CHARLESTON - Lawyers and judges have a duty to speak
out against half truths and misinformation about the legal pro-
fession, according to the president of the American liar Associ-
ation.
In remarks prepared for delivery to tie annual mid-year
South Carolina Bar meeting, ABA President S. Shepherd Tale
said, We must safeguard the image of the profession by reas-
suring the American public that we are working in their in-
terest.
Sharply critical of a November U. S. News and World Report
editorial entitled Our Ilungry Lawyers, Tate said the article
is a typical example of distortions and half truths about the
legal profession.
pecifically he said the magazine's editorial took out of col-
text aquote from U. S. ChiefJustice Warren Ilerger to support
its views ihat lawyers are responsible foroverloading tire courts
with suits and frivolous litigation.
Such misinformation should not go unanswered, Tate said.
The offending quote that We may well be on our way to a
society overrun by hordes of lawyers, hungry as Io,:usts was
not decrying tie number of lawyers needed now or in the future
but was a call by the chief justice to develop ways to resolve
minor disputes other than with litigation, Tate said.
lie said the entire remark which Berger made at an AiA
conference on minor disputes resolutions was, Unless we de-
vise substitutes for the courtroom processes, we otay well be on
our way to a society overrun by hordes of lawyers, hurgry as
locusts.
The danger, said Tate, is not that there will be too many
lawyers, but rather the natural inclinations Americans have to
sue each other will generate more litigation than our coor-
troom process can manage.
lie said an ABA surveyof legal needsindicated that thereare
segments of our society which need the services of more, not
less lawyers.
What one person views as frivolous may not be perceived as
such by the parties involved in the action. What is frivolous
often lies In the eye of the beholder, Tate said, adding that the
See ABA, cont'd, on p. 2
Family Law Section
Makes Nominations
The Family Law Section of the South Carlina Bar has miade
its nominations for various Sectionoffices to Ie filled at the 1979
Annual Meetingof the Bar at Myrtle leach May 31-June 2. They
are as follows:
Family Law Section
Chairman-Elect  ............................. F. Glenn  Smith,
Columbia
Vice-Chairman  ......................... Carrington  S. [taker,
Floreice
Secretary  ................................ A. M illing  llalock,
Clinton
Section  Delegate  .......................... Joseph  McElveei,
Suoliter
Council Members  ........................... H arvey Golden,
Columbia
......................................... lrthy Manigault,
(reenville
See Family Law, Cont'd on p. 2

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