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24 Transcript S.C. B. 1 (1980)

handle is hein.barjournals/tscb0024 and id is 1 raw text is: OF THE SOUTH CAROLINA BAR January, 1080 ,)lunic 24, No. I S.C. Bar License Praised By President Fees Are Low Client Security Fund Becomes Operative Program ly Thomas S. Tisdale. Jr. S. C. Bar Treasurer Lawyers in only three ,tes pay less to their state tar urganization than riwyerd in South Carolina, id two if those stoles have Srilqsited increases that are .ending. In an effort to see where - stand, the South 'arlina lar has tarined tfirmatioa as to payments oide by lawyers practising t ther stales. Tlsdale Acurale comparison is made difficult by the great variety ,, functions, bervices and charges by state bar organizations. F.r examle, some states have mandatry payments tThe .utpreona Court, a Board of lar Oversetr or othir ,,rganizationa in addition tastate bar dues. Threestates have two irganizatiaons which together are the equivalent of the SA.uth Carolina liar; therefore, dues to ith organizations have livsm comimntd. While Suth Carolina lawyers pay $65 annual license fees, lie iniidium paid throughout the United States is $12.5. The results of the survey indicated the following payments by lawyers in other states: Current Dues of State liar Associations The State Bar of South Dakota Alaska Bar Association New Hampshire Bar Association Ilawali State Bar Assocatialn 1 Dues Supreme CL Fees Iregon State Bar iaho State liar State Bar Association of North Dakota The Slate liar of California Massachusetts Bar Association Dues $100 Board of Bar Overseers $ 50 State Bar of Nevada State liar of Michigan Stale liar of Arizona Vet Virginia Tie West Virginia Slate Bar $100 West Virginia liar Association $ 50 Wastington State Bar Association Kansas lar Association l)ues $100 Supreme Ct. Fees $ 30 'lie Florida liar I iah Stile liar Wymoing State liar Asuociution Nurtht Caroliiia The North Curalinua Stle liar Assn. $ 75* N,,rih Carolina liar Association $ 50 Virginia Virginia Stile Bar $ 75 The Virginia liar Association $ 50 'i lorada liar Association Dues License Fees Pennsylvania Bar Association Dues Supreme Ct. Disciplinary Assessment Minnesota State liar Association l)ues License Fees Special Assessment Ohio State Bar Association tile Missouri liar $200 $180 $175 $ 75 $ 98 $173 $158.0 $150 $150 $150 $60 $60 $ 75 $ 40 $ 37.50 $ 45.0( $ 30.01 .$1O $150 $150 $150 $1.10 $130 $125 $125 $125 $125 $125 $120 $115 $112.0 $110 $105 See License Fees cont'd. p. 2 In South Carolina, it has been very rare when a client was financially wronged by a dishonest lawyer. When it did happen before there was no remedy. If it now happens, the client will have recourse. A hope which originated voluntarily from within the ranks of the Bar, becomes reality this month as the Client Security Fund becomes operational. Financed through annual financial participation by practicing lawyers. the fund was established to reinburse clients in cases in which lawyers betray trusts and mishandle client funds. The order of the South (7arolina Supreme Court which adds force to the plan states: Attorneys at law in this state, as officers of the Court, have the professional responsibility to prestrve and protect the honor and integrity of the profession and have evidenced accep- tance of this responsibility by recommending to the Court through the South Carolina Bar the establish. ment of a Clients' Security Fund of the South Carolina Bar. William C. Boyd, Ill, Columbia attorney, will chair a committee given the responsibility to disburse funds and oversee the program. Committee mem. bers, each representing a congressional district, Include: William M. Morri- son of Charleston, Ilerliert W. I.oautilan of Columlia, Milly S. Dufour of Aiken. William C. Lyles of Spartanburg, C. W. F. Spencer, Jr,. of hack Ilill and David W. Keller, Jr., of Florence. The Committee is now prepared to receive and consider applications for reimbursement for lasses which occurred after April 17, 1978. Losses are limited to those caused by the dishonest conduct of a South Carolina Bar member who acts as a lawyer or in a fiduciary capacity. According to the order the lawyer involved must have died, been adjudicated a bankrupt, have been adjudicated mentally incompetent, have been disbarred or suspended from the practice of law, have 1~9(ir ;L'- ) Morris lnsen William lloyd, Ill voluntarily resigned from certified to the Conmnittee, the practice of law, or have by the Ioard of Conimis- left time jurisdiction if this sinners on Grievances and state or cannot be found. or Discipline of the Supreme has become a judgement Court or the Board of debtoroftheapplicantbased Governors of the South upon lis dishonest cnduct Carolina Bar as an asalawyer;orprovidedthat appropriate case for the application has been consideration because the See Program cont'd. p. 3 Rosen Comments On Client Security Fund I think It is time we took just a moment to praise the lawyers who practice in South Carolina. These were the wirds of Morris Rosen of Charleston, President of the South Carolina liar. Rosen's comments came during the preparation to make public details on the new Client Security Fund. The iar's louse of Dele- gates, which reflects the views of the legal profession in the state, recommended the establishment of the fund to the South Carolina Supreme Court. The Court in tieex erciseof its exclusive imwcrs issued the rule which adopled the Client Security Fun. Accomlnlishments (of tins Bur in the last four years have been great anti the emplusis, I am proud to say. has consistently been on helping the public and the public's problems with the acquisition of legal ser- vices, Rosen said. The legal leader pointed to the mountains of work since 1975 which made the client protection a reality and which also made other innovations possible. All South Carolina lawyers can beproudofwhat the unified lIar has been able to do, Rosen added. Since the unification of the lar in 1975, according to Rosen. the new services unit efforts added include a Lawyer Referral Service, Consumer Law Refiirms, a Resolution of Fee Disputes mechanism, excellent Continuing Legal Education for all lawyers, some of which is required, and the opportunity on an optional basis for lawyers to become specialized and tiereby mre proficient. Also there has been a propised new South Care lina Probate Code, the Maodernization of Practices fiii Procedures, the oicat. Ilg iil an elective basis it( high schol seniors uon tie lusia of l'gal nitihri and a proposed new Code of Criminal Procedures. In my opinion, Rose.m added, I agree with son, observers that the tiitt Security Fund Is on' f the most important If not the most important slep we have taken. in addition to the innovations nid imderniza tions listed, the liar continues its efforts in Penal Modernization, Uniform Simplified Jury Charges, Services to Indigents anit PrePaid Legal Services.

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