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25 Transcript S.C. B. 1 (1981)

handle is hein.barjournals/tscb0025 and id is 1 raw text is: T                        OF TTHE
IjTANSCKU'              BAR

Volume 25, No. I

Jlauary, 191

Feb. 13
Irving Younger To
Conduct Trial Techniques

Nationally known aftr-
ney Irving Younger will
present a continuing legal
education course on Trial
Techniques on February 13
at the University of South
Carolina  School of Law
Co-sponsared by tile
National Pructice Institute.
S. C. liar and tie University
or suth Carolina Schosl of
Iaw, Younger will explore
the craft if advocacy from
.Jury Selection through
Succmcation. Ilis presenta-
tiola will involve the
mecctlocclclgy and psycho.
Icigy essential to effective
adviccy icc cricinal and
civil case..
A former Assistant United
States  Attorney, trial
ittcrney, and Samuel S.
I A-ilciivitlZ Pntessor of Trial
'richniques at Cornell ta4w
Siolltd. Younger is now a
partner in the   firm  of
Williams ind Connelly in
Washington. I). C.
In 1978 and 1979, lie was a
visiting professor of law at
Ilarvard I.uw Schcol, and
;iciw serves cit ia adjunct
poitescir of law at George-
tcwn University. lie was
frierly Chairman of tile
Committee on tie Teaching
cf Trial Advocacy, ABA

litigation Section, ard the
Trial  Advocacy   Section,
American   Association  of
Law Schools.
Younger is no strantlee t
S. C. liar seminars. In 1979
he  conducted  the  same
program for the S. C. Bar's
Conthiuing Legal Education
Iivision. Part of tile
members' comments attend-
ing that seminar include(]:
The most itcstrctie anti
practical fund of inforca.
lion o trial techniques that I
hae heard ia micy I0 years of
l''al practice.
Extreniely helpful,
practicil aid eitirtainiig.
Younger has the rare
ability to be both scinating
anid extremely instructivc.
I trav'i'ed Stil mis to
atted aid it cas itcll worth
the trip .. the only lecturer
I'le cncountered who call
hl  hi audience for the
cltire program. 
The registration fee for the
seminar includes admission
to all sessions. and outlines
of tile topic.
Since advanced registra-
tion is encouraged to ensure
availability of course
material, you should contact
the CI.F livision at 771.0333
for further Information or
telephone registration.

Some Practical Ethics Hints
From Ethics Advisory Comte.
The Ethics Advisory Committee of the South Carolina liar
exists to render advisory opinions to members of the Bir on
Iheir own prospective practice as it may be nffected icy the
Cdile cit Professional Responsibility. (See Ethics Opinions
column heading elsewhere in Ihis issue).
As a further service, from time to time, excerpts from ile
Code of Professional Iesponsibility will be printed in The
Trusisertti sic tht lawyers may have a working familicrity
with the requirements cif tie Code.
The Cde of Professional Respocsibility as it applies ii?
South Carolina Is found in Rule32 oflheSupremeCourt Rules
of Practice. These Bules are published In the South Carolina
Court Register. the Code of L.aws of South Carolina, 1976
(Volume 22), and The L.awyers' D)esk Book.
Additionally, the American Bar Association's Model Code
of irufessianal Responsibility is found in publications such
as Martindale-flubbell or in an annotated pamphlet
distributed by the American Bar Association. Care should be
exercised icc referring to the ABA Model Code as the South
Curolina version differs slightly and, of course, our Rule 32
would be controlling.
L.istled under tlce various Canons, there are Ethical
Considerations which are precepts of aspiratilnal behavior
and Disciplinary Rules which are in the nature of minimal
slandards or prohibitions.
Tile topic for consideration this ronth Is Canon 7.
particularly Iisciplinary Rule 7-107, concerning trial
)iscillinary 4ules 7-107 (A) and (B) limit the public
stltents a lawyer may make concerning the prosecution of
ii criminal matter and Disciplinary Rule 7-107 (G) relates tle
sane to civil matters. Inasmuch us the rules under Canon 7
are lengthy and detailed, a review thereof is recommended.

Bar's House Of
Delegates Favors
Appellate Court
Ilh South Carolina Bar's
House of Delegates on
Iccember 11, 1980 adopted a
resolution calling for tile
creation of an intermediate
appellate court.
The resolution resulted
from earlier recommendai.
lions for an internmediate
appellate court by the Board
of Governors, the Judicial
Modernization  Committee
chaired by Emmet Walsh of
Spartanburg, and the
Subcommit tee on Court
Organization, chaired  by
Jia Iell of Columbia.
The resolution. which was
adopted at the recent Mid-
Year Meeting, calls for a
court with jurisdiction over
civil und criminal cases.
Aa adopted, tie resolution
WIIEIREAS. the volunle
ot appeals to the Supreme
Court of South Carolina has
increase(] tremendously,
resulting in ai backlog of
pending cases, ani
WIIEREAS, under Article
V of the Constitution of
South Carolina the General
Assembly his authority to
establish by statute courts of
general jurisdiction.
IT RESOI.VED Iy the IHouse
See llouse cont'd. p. 5
Nominees Sought
For DuRant Award
A deadline of March I hus
been  set for receipt of
nominations for the S.C. Bar
Foundatio's second annual
Charlton  I)uRant l)istin-
guished Public Service
Award to be presected at the
1981 Annual Meeting in May
cit Savannah. fleorgia.
Nmiinees should be
mnenbers if the S.C. Bar not
currently serving in elective
office or a a ijudge. l1cist
service in such capacities
will Ice considered, however.
The purpose of the award
Is to eniplcnsize unselfish
services rendered to others
by the legal professian ly
recignizing one whose
record  exemplifies pulic
No   particular fo nn  is
required fur a noinaticn. A
complete listing of positions,
achievements. services,
awards, reccignitions and
anything else idicative of
public service shoul bIe
submitted as a guide for
judges to follow.
Coluinia attorney, Iavid
W. Robinson, was lost year's
recipient cit tie First award.

Collier On Bankruptcy
Editors Headline Seminar

L.awrence King
Professor  Iawrenc.  Ii.
King, 'ditcr in Chief it
Collier ccc Bankruptey. ant
larvey    It. Miller, a
contributing    elittr o
Collier. will lie two of tlce
feitured ispeakers cit an
upcoinlg Soulh Cacrolina
Ihar Continuing     legal
Edcl'tion Seminaccr in
lusines Reirganizliis
under the Binkrulitcy
Reforn Act it 11178 ti Ice
held   inl   Colunibi  on
Felbruary 2ill the Universi.
ty of Soutlh Caroliha Icw
Schnil Aulitlcricn.
King, the ChicrlesSeligson
Professor of Nlcw at New
York University Schol cit
L.aw, is the Iteporter fur the
Advisory   Committee on
Ilcnkruptcy Rules fr the
Judicial Conference cf thce
Unted Stites cind was ian
associite reporter for tiat
committee frin 196t{8 to 11170
Profeissor King is also
counsel to the New York lIcy
firm  cif Wchltell, L.iplo,
IRisen and Kaiz.
Miller is it partner in the
New York lcw firm lit Weil,
Gctshal and Miages end ian
adjunct prlesoir of lw cit
New York University Scmol
of Icw. lie is it contributing
editor (if Collier      an
lan krptecy ani co-athilor of
A  Practic.l Gide to tc
Bintckrupltcy  Ilefirnc  ,tlet.
published icy Ilcrcourt,
truce, and is ic coautimr of
tile Collier Forll  c Manual.
The seminar will foeus ccn
btsiness reorgainizition
coies under Chiptiers I I aid
l3ofthe l ainikruplcy Act cnd
tfie problemns acid optiont s
cocnfronting  dilhhrs  find
creditors in such ecases.
In  addition    to  the
Iresentations iy individual
speakers, there will bie two I-
hour segments devilled ti
lionel discussion of prectical
hyptlhetical problem
Joining  Professor King
and   Mr. Miller on    the
progrin will lit! c distill.
guistied ficulty of lankrupt.
ey judges, low prifessors,
paiil Irti'stes and prctir.
Ilg attorneys.

Hanrvey Millher
Judget ,). Btrattonl Davis,
IBlkruoitcy ,ludge f   tr (his
IDistrict, lIrofiesh,,r Phil I tii y
-f tile 11.S(:. Iuw Sthocl
.li  I rec-l cf the North
(,Carolina firnict oVimble,
Cirlyle, SandIridge and lice
cinid Keenan Stehleison, it
Chapter 1:1 standing trute,
will address; tih' sutjclt cf
Clhapter 13 ci'hes.
Professor King. Mr. Miller,
Professor Bulph     Me~tul.
l   igc. it puel trustc' il this
District. and    'rofess.r
IhtIvert  Focster  will trc.t
(Chapter I I eases.
Sherwood Cleveland has
served ias crliictor cfi this
program  and will act os
nioderair cit till- cetniar.
Hearings On
Specialties Set
Tiose attorneys initeresthd
in the developmcnent of lite
speeialization program   fir
ctive mnenbers cif Ilie Solth
Carolina liar tire recnitIt
that the    Commissioln onc
Ciintinuing I.awyer Cmilnlie.
lenre wcill hld specialization
hearings    ili tile  South
Carolina iar I hdl of lellic s
Room,    1:121  Itul  Striet,
Columnbia, on      -riday,
Feiruary 20, cit 10:00 ca.in.
Skticduled for (liscousioi
are the ilefinitions for the
specialty fields of Crinminal
Icaw, Famiily and Matrini.
nicl Lc Ta''xation iiw and
Eistcte  Planning    and
Plobate  Iiv. tentatively
designated by tice ('C01a11ci
sin ilc )ecemnber.
Two cessios tire plainiicd:
ii lorniig session aict 11111
a cc. with the Criminal Li,,
Spcialty EIirld first In I
dIiseussed, foillowed l the
field   if F'aitiity sand
Matrimnial Lawu'; and acn
afternoon sessioi leg ilg
tit 20) pln. with Ili, fit Id cf
Ta.ition Lost first. flli ccd
by   Etate  l'hcing a. ...iI
Probate Law.
'lice (,,,imitjsssioc vordialliy
inivites aid encolraglf-
ilacyer poetciiitilicicn ill II

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