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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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