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BAR ASSOCIATION Charleston County Bar by jennyyingdi


									Charleston County Bar Association
P.O. Box 21136                        PRE SORTED      CHARLESTON COUNTY
                                                                                     BAR ASSOCIATION
Charleston, SC 29413                US POSTAGE PAID
                                     PERMIT NO.536

                                                      ISSUE #13                                 Website:                               SPRING 2011
                                                      PRESIDENT                                      PRESIDENT-ELECT                         EDITOR
                                                      John A. Massalon                               Robert A. Bernstein                     Mia Lauren Maness
                                                      P.O. Box 859                                   PO Box 20519                            241-243 East Bay Street
                                                      Charleston, SC 29401                           Charleston, SC 29413-0519               Charleston, SC 29401
                                                      727-1144                                       529-1111                                577-5100

                                                      FROM THE PRESIDENT
                                                                               Dear Colleagues:                        which real professional relationships are hard to build and
                                                                                                                       maintain. This Association still offers a place for its members
                                                                               I am both honored and humbled           to form substantial and lasting relationships. Those relation-
                                                                               by the opportunity to serve as          ships benefit our members and ultimately benefit our clients
                                                                               President this year. President-Elect    and the legal system we serve. This year we hope to build
                                                                               Bobby Bernstein and I have as-          on the work of past administrations by continuing to devel-
                                                                               sembled a talented and energet-         op the mentoring relationships between new lawyers and
                                                                               ic Executive Committee to help          not so new lawyers. Also, we plan to implement programs
                                                                               guide the Association in 2011. I        to foster relationships with our colleagues in the Berkeley
                                                                               am grateful for their willingness       County Bar. Other plans are in process to continue the rich
                                                                               to serve. Also, we are fortunate        tradition of honoring our senior members and to develop
                                                                               to have Past-President Randell          better bench-bar communications.
                                                      Stoney to lend us his wisdom and insight for another year.
                                                      Randell is to be commended for his commitment to the             The year ahead will present challenges that we do not
                                                      Center for Heirs Property Preservation and his vision of forg-   know and cannot foresee. As we face those challenges
                                                      ing a meaningful relationship between that organization          we will uphold the standards and traditions of our profes-
                                                      and our Association. His legacy will be those people and         sion and this venerable Association. In closing, I am always
                                                      communities in Charleston County who benefit from the            available to discuss any concerns or ideas about how we
                                                      important work of the Center for Heirs Property.                 can improve this Association.

                                                       Turning from the past to the future, we have some excit-
                                                      ing initiatives planned. Like many of you, I am a member         With kindest regards, I remain
                                                      of other professional organizations. However, my member-
                                                      ship in the Charleston County Bar Association is unique. We      John A. Massalon
                                                      now live and work in a world that never sleeps and one in

                                                      JUDICIAL NOTICE
                                                      Senior U.S. District Judge P. Michael Duffy                      care. “I love it,” he said. “Being a grandparent is the only
                                                      By: Wes Allison, Charleston School of Law, class of 2012         job that isn’t overrated.”

                                                      Even a year into it, the Honorable Patrick Michael Duffy’s       Born: April 8, 1943, Charleston, S.C.
                                                      status as a “senior judge” — and the lighter caseload that’s     Nominated: October 1995 by President William J. Clinton.
                                                      supposed to come with it — hasn’t sunk in yet: he still man-     Education: J.D., University of South Carolina School of Law,
                                                      ages a crowded docket that keeps him in chambers five            1968; B.A., The Citadel, 1965.
                                                      days most weeks. Despite this, he finds time for interests       Career: Staff attorney, Neighborhood Legal Assistance
                                                      outside the law — preparing for a summer trip to Ireland,        Office, 1968-1969; U.S. Army, military police, 1969-1972;
                                                      a favorite destination; enjoying an extended visit from his      private practice, Charleston, S.C., 1972-1995; U.S. District
                                                      daughter, a career Foreign Service Officer who is between        Judge, 1995-present (assumed senior status on December
                                                      postings in Brazil and Botswana; and playing with his seven      27, 2009).
                                                      grandchildren, all but one of whom are five or younger.          Family: Katherine Duffy, his wife of almost 45 years; three
                                                      He jokes that some days the Duffy house resembles a day-         children: Katherine (Katie) Duffy Dueholm, a U.S. Foreign

                                                                                                                                      JUDICIAL NOTICE • Continued on page 9
ANNOUNCEMENTS                                                                                                                      JUDICIAL NOTICE • continued from page 1
Francie Daniel Austin has joined the City of North                Elizabeth Luzuriaga and Kevin Mims announce the                  Service Officer; Patrick Duffy, a clinical psychologist in        right now and apologize to this man, and to the jury.” He
Charleston as Staff Attorney. Her contact information             formation of the law firm of Luzuriaga Mims, LLP, with           Charleston, S.C.; and Brian Duffy, a partner in the Charles-      then told the attorney: “I was offended by what you did,
is Post Office Box 190016, North Charleston, SC 29419.            offices located at 50 Immigration Street, Suite 200,             ton, S.C. law firm of Duffy & Young, LLC.                         and don’t ever do that again in my courtroom.” “And he
Tel. (843) 740-5830; Fax (843) 745-1082; Email faustin@           Charleston, SC 29403. Tel. (843) 410-4713. Caroline                                                                                never has.”                                               McIntosh and Brian McElreath have joined the firm                Hobbies: Golf; film; traveling abroad; reading; painting and
                                                                  as associates. The firm’s areas of practice will include         drawing.                                                          Most valuable experience: As an attorney in private prac-
                                                                                                                                                                                                     tice, taking cases for people who couldn’t necessarily
John (“Jay”) G. Brown, II and Robert Bratton Varna-               the defense of South Carolina’s Workers’ Compensa-
                                                                                                                                   On your nightstand: James L. Petigru: Southern Conserva-          pay, but whom he was able to help. He specifically recalls
do announce the formation of Brown & Varnado LLC                  tion Act claims, Longshore and Harbor Workers’ Act               tive, Southern Dissenter, by William H. Pease and Jane H.         representing a boy in a criminal trial whose mother had to
located at 103 Church Street, Mount Pleasant, SC                  claims, construction defect litigation, and general              Pease; Conversations with Myself, by Nelson Mandela.              leave early to catch the one bus back to Adams Run to
29464. Tel. (843) 737-7300; Fax (843) 654-5109. Mail              civil litigation.                                                                                                                  feed her other children, and she asked him for a dollar for
should be directed to P.O. 1127, Mount Pleasant, SC                                                                                Best part about being a judge: “From the personal point of        bus fare. The boy was acquitted. Two months later, Judge
29465. Timothy Cooper Dargan has joined as an as-                 Daniel O. Myers announces that, as of January 1,                 view of someone who tried cases all his life, the best part       Duffy received a crumpled $1 bill and a note: “Dear Mr.
sociate of the firm.                                              2011, he is no longer a Member of Richardson, Pat-               about being a judge is the ability to control your own time       Duffy, Thank you very much. Here is your dollar. How do
                                                                  rick, Westbrook & Brickman. He will continue to be               and control your own docket. I didn’t appreciate how              you like my note.” He knows the words by heart. With cas-
Kernodle, Root & Coleman is pleased to announce                   “of Counsel” the firm on specific cases and projects,            much pressure trial lawyers are under until I stopped doing       es like that, “no one knows but you and them, and there’s
that Krista M. McGuire has joined the firm. The firm is           but is also starting the Law Offices of Daniel O. My-            it.”                                                              no great financial reward, but you know full well you have
located at 914 Folly Road, Suite 2, James Island, SC.             ers, located at 1127 Queensborough Boulevard, Suite                                                                                made a difference.”
Tel. (843) 795-7800; Fax (843) 795-3032; E-mail:                  105, Mount Pleasant, SC 29464. Tel. (843) 654-7440;              Most difficult part about being a judge: Sentencing people.
                                                                                                                                   “Any time you have to take someone’s liberty, it’s difficult      Is there a legal figure you particularly admire? The late U.S.                                          Fax (843) 654-7441. Mr. Myers will focus on financial,
                                                                                                                                   even if they have richly earned it. And the really difficult      District Judge Falcon Black Hawkins Jr., with whom Judge
                                                                  foreclosure and finance litigation, and fair debt col-           thing is that you’re sentencing the person’s family, too.”        Duffy practiced before Judge Hawkins took the bench in
                                                                  lection practices on behalf of consumers and bor-                                                                                  1979. “He was one of the most compassionate, understand-
                                                                  rowers.                                                          Most surprising part about being a judge: “I thought judges       ing men I’ve ever known. He was extremely bright, but he
                                                                                                                                   would have more time to be contemplative, or studious             masked it with a down-home, country way of speaking . . .
                                                                                                                                   and scholarly, if you will. But you do not. You find yourself     He was extremely effective as a lawyer and as a judge, be-
                                                                                                                                   reacting to the pressures of time and a heavy docket.”            cause he had a kind heart.” (Judge Hawkins died in 2005
                                                                                                                                                                                                     at age 78, still on the bench).
                                                                                                                                   What the Bar might be surprised to learn about you: “At
                                                                                                                                   one time I was a milkman in Columbia, because it was the          What advice would you offer trial attorneys practicing to-
                                                                                                                                   highest-paying job I could find . . . when I was working my       day? Know your facts. “Rarely does the law win the case,
                                                                                                                                   way through law school.”                                          and the same thing on appeal — know the record. If you
                                                                                                                                                                                                     do that, you’ll be the most prepared person in the court-
                                                                                                                                   Priceless moments in your courtroom: It was supposed to           room.”
                                ONLINE MEMBER DIRECTORY                                                                            be a routine check-up at the dermatologist; instead, the
                                                                                                                                   doctor excised a skin cancer and sent him back to the             What would you change about the American judicial sys-
 Please help us have a more complete online member directory. If you go to the Lawyer Director on http://www.charlestonbar.
 com and see that any of your contact information and/or headshot is missing, or outdated, please e-mail the information and       courthouse with an enormous white bandage on his nose             tem? The trend toward media dramatization of court cas-
   photo (in jpeg format) We will add the new information to the website as quickly as possible. This is   — just in time for a motions hearing with attorneys from out-     es, and the attempts by many lawyers to use the media to
                                           especially important for new admittees.                                                 of-town. Judge Duffy had only been on the bench a cou-            make their case. “I’d much prefer they try the case first,
                                                                                                                                   ple of years. “I said to my law clerk, ‘I wish I had something    then comment on it later.”
                                                                                                                                   to cover up this bandage with.’” The clerk rummaged
                                                                                                                                   through his desk and emerged with a Groucho Marx-style
                                                                                                                                   plastic nose and glasses set. “I put them on and walked
                                                                                                                                   out to the hearing, I kept a straight face, and I welcomed
                                                                                                                                   the two law firms to the District Court of South Carolina.
  The Charleston County Bar newsletter is now accepting classified ads for just $1 per word. For information on placing            You should have seen the looks on their faces.”
  your ad in our next newsletter, please contact Julie Holzel at (843) 881-6666 /
                                                                                                                                   In your courtroom, Do: Be brief. “It is the most difficult                    Summerville Professional
                                                                                                                                   thing for the lawyer, to brief and to let the judge or the jury
                                                                                                                                   fill in the blanks. You don’t have to tell them everything.                      Office Building
                                                                                                                                   Watch a concise cross-examination done well, it is a thing
                                                                                                                                   of beauty.”                                                                        Available March 1, 2011
                                                                                                                                                                                                             $12.00 per square foot. First Month Free
                                                                                                                                   In your courtroom, Don’t: Forget your manners — being
  The Charleston Law Review has agreed to assist the Charleston County Bar Association in production of this and fu-               civil is more effective, and “it doesn’t cost you anything.”
                                                                                                                                                                                                                1 to 5 year lease. Excellent location.
  ture Charleston County Bar Association newsletters. Yearly subscriptions to the Charleston Law Review (four issues)              He tells the story of a lawyer who ended a cross-examina-                Suites: 600 Square Feet to 2,300 square feet.
  may be purchased for $50.00. Checks should be sent to Charleston Law Review, Attention: Mary Christine Chap-                     tion by remarking flippantly, “I don’t have any more use for                      Call Bud Barton 834-1214
  man Ormand, 81 Mary Street, Charleston, SC 29403. Your support is greatly appreciated.                                           this man.” Judge Duffy told him that “he could stand up

 2                                                                                                                                                                                                                                                         9
                                                                                                                                                        COURT SCHEDULES
                                                                                                                                                        (Court schedules are changing constantly; please verify current information through S.C. Court Administration or by checking the South Carolina Judi-
COMPUTERS NEEDED                                                                                                                                        cial Department website at
                                                                                                                                                        CIRCUIT COURT - NINTH JUDICIAL CIRCUIT
SCORE is in need of (4) computers. If your Firm is re-
                                                                                                 DSS Appointments
                                                                                                                                                        April 4                       April 11                      April 18                       April 25
placing their old computers and they have at least a                                                                                                    9th AW - Harrington           Chas CP - Jefferson           9th CPNJ/ - Nicholson          9th CPNJ - Jefferson
2 GB Ram, Intel Processor, a large hard drive loaded                                      Brian T. Warden will handle your                              Chas CP - Dennis              Chas CP - Hughston            Chas CP - Dennis               Chas CP - Harrington
with Vista or Windows 7, and a flat screen monitor                                      DSS Appointments for a reasonable fee.                          Chas GS - Nicholson           9th CPNJ - Dennis             Chas CP - Harrington           Chas GS - Hughston
please donate them to us. You will get a tax deduc-                                    Email                              Chas GS - Jefferson           Berk CP - Harrington          Chas GS - Hughston             Chas GS - Young
tion and help future generation entrepreneurs. If you                                            or call 843-388-1188                                                                 Berk GS - Young               Chas GS - Young                Berk GS - Dennis
would like to make a monetary contribution we would                                                                                                                                                                 Berk GS - Watson               Berk CP - Harrington
appreciate that as well. Please contact SCORE 285
                                                                                                                                                        May 2                         May 9                         May 16                         May 23                        May 30
at (843) 727-4778.
                                                                                                                                                        Chas GS - Nicholson           9th CPNJ - Hughston           9th CPNJ - Young               9th CPNJ. - Jefferson         Chas GS/ - Harrington
                                                                                                                                                                                      Chas CP - Dennis              9th CPNJ - Nicholson               PCR                       Chas GS - Young
                                                                                                                                                                                      Chas CP - Harrington          Chas CP - Harrington           Chas CP - Nicholson
                                                                                                                                                                                      Chas GS - Young               Chas GS - Hughston             Berk CP - Harrington
MARCH OF DIMES MARCH FOR BABIES                                                                                                                                                       Chas GS - Jefferson           Chas GS - Jefferson            Berk GS - Watson
                                                                                                                                                                                                                    Berk GS - Dennis
The March of Dimes March for Babies is a three mile
walking event to help raise funds in the fight against                                                                                                  June 6                        June 13                       June 20                        June 27
                                                                                                                                                        Chas CP - Hughston            9th CPNJ - Dennis             9th CPNJ - Young               9th CPNJ. - Nicholson
premature birth, birth defects and infant mortality.
                                                                                                                                                        Chas CP - Dennis              Chas CP - Jefferson           9th CPNJ - Nicholson           Chas CP - Hughston
The walk is April 30, 2011 at Cannon Park in downtown                                                                                                   Chas GS - Young               Chas CP - Hughston            Chas CP - Jefferson            Chas CP - Harrington
Charleston. Registration is at 8 a.m. The walk starts at                                                                                                Chas GS - Jefferson           Berk CP - Harrington          Chas CP - Harrington           Chas GS - Young
9 a.m. To sign-up to walk, please register onlinewww.                                                                                                                                 Berk GS - Young               Chas GS - Dennis               Chas GS - Jefferson or call the office at (843) 571-                                                                                                                                                                 Chas GS - Hughston             Berk GS - Dennis
1776. In South Carolina 1 in 6 babies are born too                                                                                                                                                                  Berk GS - Watson
soon - we need your help today!                                                 LARGEST INVENTORY OF RECONDITIONED
                                                                                   OFFICE FURNITURE IN THE STATE                                        CIRCUIT COURT - FIRST JUDICIAL CIRCUIT
                                                                                                                                                        April 4                       April 11                      April 18                       April 25
                                                                                                                                                        Dor GS - Dickson              Dor GS - Goodstein
                                                                                           843-725-6082                                                 May 2                         May 9
                                                                                                                                                                                      Dor GS - Cothran
                                                                                                                                                                                                                    May 16
                                                                                                                                                                                                                    1st CPNJ - Goodstein
                                                                                                                                                                                                                                                   May 23                        May 30
                                                                                                                                                                                                                                                                                 Dor CP - Goodstein
You can view this issue and back issues of the newslet-                                                                                                                                                             Dor GS - Dickson
ter on the Charleston County Bar Association website?
                                                                                         3255 Fortune Drive                                             June 6                        June 13                       June 20                        June 27
Newsletters.asp                                                                       N. Charleston, SC 29418                                           1st CPNJ/ - Dickson           Dor GS - Dickson              Dor GS - Goodstein             Dor CP - Dickson
                                                                                                                                                        Dor GS - Goodstein
                                                                                                                                                        FAMILY COURT - NINTH JUDICIAL CIRCUIT
                                                                                                                                                        April 4                       April 11                      April 18                      April 25
                                                                                                                                                        Chas - Garfinkel              Chas - McMahon                Chas - McMahon                Chas - Garfinkel
                                                                                                                                                        Chas - Cate                   Chas - Garfinkel              Chas - Cate                   Chas - Landis
                                                                                                                                                        Chas - Jenkinson              Chas - Cate                   Chas - Garfinkel              Chas - Long
                                                                                                                                                        Chas - McMahon                Chas - Kinlaw                                               Chas - Cate
                                                                                                                                                        Berk - Creech                 Berk - Landis                                               Berk - McMahon
                                                                                                                                                        Berk - Landis                 Berk - Creech                                               Berk - Creech
                                                            ADVERTISE WITH US!
 The Charleston County Bar newsletter is a quarterly must-read for over 1700 of the area’s legal professionals. Can you think of a better advertising
 venue for your business? For information on placing your ad in our next newsletter, please contact Julie Kemp                                          May 2                         May 9                         May 16                        May 23                         May 30
 at (843) 881-6666 /                                                                                                                Chas - McMahon                Chas - McMahon                Chas - McMahon                Chas - McMahon
                                            2007-2008 Advertising Rates            SIZE                         COST
                                                                                                                                                        Chas - Garfinkel              Chas - Garfinkel              Chas - Garfinkel              Chas - Creech
                                                                                   Business Card                $100 per issue
                                                                                   1/4 Page                     $200 per issue                          Chas - Landis                 Chas - Cate                   Chas - Cate                   Chas - Garfinkel
                                                                                   1/2 Page                     $400 per issue                          Chas - Cate                   Chas - Holt                   Chas - Jenkinson              Chas - Cate
 Please note that the Bar newsletter accepts ads from businesses serving the legal community but not from law firms or practicing attorneys.            Berk - Creech                 Berk - Landis                 Chas - Neese                  Berk - Jenkinson
                                                                                                                                                        Berk - Landis                 Berk - Creech                 Berk - Creech                 Berk - Landis
                                                                                                                                                                                                                    Berk - Landis

  8                                                                                                                                                     COURT SCHEDULES • Continued on page 4                                                                                                       3
COURT SCHEDULES • Ninth Judicial Circuit continued from page 3                                                                    JURY VERDICTS - STATE
FAMILY COURT - NINTH JUDICIAL CIRCUIT                                                                                             CHARLESTON COUNTY COMMON PLEAS
                                                                                                                                  (Information supplied by Clerk of Court’s Office)                 09-CP-10-6864 Quaponda Larae Green vs. Anna Dais, Dai-
June 6                   June 13                   June 20                    June 27
                                                                                                                                                                                                    sy Wright and Cecile Major, individually and d/b/a Gladys’
Chas - McMahon           Chas - McMahon            Chas - McMahon             Chas - Creech
                                                                                                                                                                                                    Kitchen, Samuel Moultrie, individually and d/b/a Gladys’
Chas - Garfinkel         Chas - Garfinkel          Chas -Morehead             Chas - Cate
                                                                                                                                  07-CP-10-4028 Paul and Joan Quam vs. D. R. Horton, Inc.           Kitchen and Sherry Jefferson, individually and d/b/a Gladys’
Chas - Cate              Chas - Landis             Chas - Garfinkel           Chas - Garfinkel
Chas - Vinson            Chas - Jenkinson          Chas - Cate                Chas - Kinlaw
Berk - Creech            Berk - Creech             Chas - Jenkinson           Berk - McMahon                                      Attorneys:
                                                                                                                                  Plaintiffs:     Jay S. Masty                                      Attorneys:
Berk - Landis            Berk - Cate               Berk - Creech              Berk - Landis
                                                                                                                                  Defendant:      W. Kyle Dillard                                   Plaintiff:      Gary A. Ling
                                                                                                                                                                                                    Defendants:     Daniel E. Martin, Jr.
                                                                                                                                  Cause of Action: Contract - Construction
FAMILY COURT - FIRST JUDICIAL CIRCUIT                                                                                                                                                               Cause of Action: Premises Liability
April 4                   April 11                 April 18                   April 25                                            Verdict: For the Plaintiffs in the amount of $160,000.00 actual
Dor - McLin               Dor - McLin                                         Dor - McLin                                         damages.                                                          Verdict: For the Defendants.
Dor - Wylie

May 2                    May 9                     May 16                     May 23                    May 30
Dor - Wylie              Dor - Wylie               Dor - McLin                Dor - McLin                                         08-CP-10-3392 Town of Mt. Pleasant, South Carolina vs.            09-CP-10-6901 Ricky Rawls vs. Heydi Nicole Helmueller and
Dor - McLin              Dor - McLin               Dor - Wylie                                                                    Patrick E. Talbott, Landowner, and Howell and Associates,         Arthurine B. Johnson
                                                                                                                                  LLC, Estate of Ronald Boals, and East Cooper Investments
June 6                   June 13                   June 20                    June 27
Dor - Wylie              Dor - McLin               Dor - McLin                Dor - McLin
                                                                                                                                  Attorneys:                                                        Plaintiff:      Samuel B. Cooper, Jr.
Dor - McLin                                        Dor - Wylie                Dor - Wylie
                                                                                                                                  Plaintiff:      Malcolm M. Crosland, Jr.                          Defendants:     Trevor A. Cangelosi and Jackson H. Daniel, III
                                                                                                                                  Defendants:     Ellison D. Smith, IV
                                                                                                                                                                                                    Cause of Action: Motor Vehicle Accident
BERKLEY COUNTY COURT IN THE 1950s and 1960s                                                                                       Cause of Action: Condemnation
                                                                                                                                                                                                    Verdict: For the Plaintiff in the amount of $981.82 actual dam-
                                                                                                                                  Verdict: For the Defendant Patrick E. Talbott in the amount of    ages.
By: Ruth W. Cupp                                                 Soon all the white people in the courtroom, including the        $1,150,000.00 just compensation.
                                                                 judge and some jurors, were in line on the courthouse lawn
Charleston County lawyers have always practiced law              to buy a fish sandwich. This outdoor restaurant was open
in Berkeley County since they built their first courthouse in    for business until the late 1960s. Berkeley County Clerks of                                                                       09-CP-10-7085 Althea E. McGee vs. Gerald Delton Pickett
1896. The floor in that courtroom had been laid with green       Court, “Buster” Williams and Calvin N. Clark, kept a tin tub     08-CP-10-3970 Nadine Parks vs. Folly Beach, Dorchester
lumber, and as it dried out, gaps appeared in the floor. By      of ice and free soft drinks in the clerk’s office for the law-   County and Scott Werre                                            Attorneys:
the 1950s folks in the courtroom could watch through those       yers and the judge. Vending machines were to come in a                                                                             Plaintiff:      J. Kevin Holmes
cracks and see what went on in the sheriff’s office below.       future age.                                                                                                                        Defendant:      Alan Ross Belcher, Jr.
                                                                                                                                  Plaintiff:      J. Seth Whipper
In Berkeley County a week of General Sessions was held ev-       The jury room in Berkeley had such thin walls that the                                                                             Cause of Action: Motor Vehicle Accident
                                                                                                                                  Defendants:     Robin L. Jackson
ery spring and every fall. Because of Jim Crow laws, those       lawyers and the judge could listen to their deliberations.
African Americans who came for that term of court had            “Sometimes they would get in a right spirited discussion,”                                                                         Verdict: For the Plaintiff in the amount of $4,019.39 actual
                                                                                                                                  Cause of Action: Personal Injury
no cafe where they could eat lunch. Some smart African           said attorney Bill Shipley.                                                                                                        damages.
Americans set up a portable eating establishment on the                                                                           Verdict: For the Defendants.
courthouse lawn. They cooked rice and fish. They sold fish       There were two spectator seating sections in the court-
sandwiches, and from coolers they peddled milk, orange           room. One side of the courtroom was reserved for African
juice, and soft drinks.                                          Americans and the other was for whites. On the side for                                                                             JURY VERDICTS - FEDERAL
                                                                 African American seating there were hand fans advertis-
                                                                                                                                  09-CP-10-4975 Rebecca M. Eidson vs. Lorraine A. Anderson          (There were no Federal Court jury verdicts last quarter.)
Cooks began frying fish by 10:30 in the morning on their         ing black funeral homes, and on the other side, there were
cast-iron wood-burning stove. The old stove had a chim-          hand fans advertising white funeral homes.
ney pipe, but the smell pervaded the courthouse where all
                                                                 Once an African American entered the back of the court-          Plaintiff:      David W. Whittington
the windows open. Once, when Oxford educated Judge
                                                                 room and sat in the white spectator section. Soon he was         Defendant:      David C. Cleveland and Benjamin B. Davis
James L. Spruill was presiding in Berkeley, he called Solici-
tor Arthur Howe up to the Bench and asked, “What is that         surrounded by black bailiffs who began trying to make him
smell in the courtroom?” When Judge Spruill was going to         move. Judge Clarence Singletary was presiding, and he            Cause of Action: Personal Injury
preside in a rural county he would say, “I’m going out in        noticed what was going on in the spectator section. He
the provinces to hold court.”                                    stopped the trial and told the bailiffs that the gentleman       Verdict: For the Defendant.
                                                                 could sit wherever he wanted to.
Justice C. Bruce Littlejohn, who had held Circuit Court all
over this state, remarked, “cooking and serving lunch on
the courthouse lawn was unique to Berkeley County.”

 4                                                                                                                                                                                                                                                         7
By: Marvin H. Feingold
Director/Legal Counsel
                                                                    PBLS continues to serve as a fertile training ground for law                                                SAVE THE DATES
                                                                    students and new attorneys seeking to learn the practical
Pro Bono Legal Services                                             skills of practicing law, even as their participation furthers                  FREE FOR MEMBERS OF CHARLESTON COUNTY BAR ASSOCIATION
                                                                    the cause of pro bono service. Last year many in the CSOL                                                   CLE – JUNE 3, 2011
Pro Bono Legal Services, Inc. (PBLS) has undergone a sig-           graduating class performed all or part of their required pro
nificant change in its funding structure. Beginning in 2011         bono hours at PBLS. New attorneys have increasingly been                                      8:30 A.M. – 4:45 P.M. (With a break for lunch)
we no longer receive federal funding (a one-time Legal              partnering with experienced attorneys in handling pro                                               “How to Handle Your First ______”
Services Corporation grant). While our budget for 2011 is           bono cases. Such cooperative efforts provide an opportu-
                                                                    nity for mentoring by skilled attorneys, as well as a valuable
                                                                                                                                                                               6 HOURS CLE CREDIT
secured by reserves and present commitments, we are
gearing up for the major challenge of 2012 and beyond.              learning experience for fledgling lawyers.                                                               JURY ASSEMBLY ROOM
We are presently funded by a combination of public enti-                                                                                                                For attorneys licensed for three years or less.
ties - Charleston County and City of Charleston, and we             With summer just around the corner, we have begun in-               There will be speakers (and checklists and go-by’s) for first trials, custody cases, DSS cases, Rules to Show
are still hoping for IOLTA funding through the South Carolina       terviewing applicants for the Ackerman Summer Law Fel-                                          Cause, Motions to Compel, and taking depositions.
Bar Foundation; and private foundations - Sisters of Mercy,         lowship Program. For the fifth year running, we will employ                         To Register: E-mail Natalie Bluestein at
and the Ackerman and Yaschik Foundations. Major con-                three CSOL students and three students from regional law
tributions have also been received from the Charleston              schools. The Ackerman fellows, in addition to participating
County Bar Association (CCBA) and individual Charleston
attorneys and firms.
                                                                    in all aspects of law office practice, will organize two semi-
                                                                    nars for all summer law interns in Charleston. Presenters will
                                                                                                                                                                  IMPORTANT ANNOUNCEMENT
                                                                    include experienced practitioners who will give guidance
                                                                    in those aspects of legal practice not often taught in law                              Effective April 1, the contact information for Julianne Holzel,
We are gratified by the response of bar members to our
year-end appeal and hope you will keep us in your giv-              school.                                                                     Executive Secretary for the Charleston County Bar Association will change as follows:
ing plans in 2011. We are planning a fund raising event at
the end of 2011 and hope for your support in that effort as         In resolving to support PBLS’s efforts to receive IOLTA fund-                                         Telephone number: (843) 881-6666
well.                                                               ing through the South Carolina Bar Foundation, the CCBA                                                  E-Mail:
                                                                    Executive Committee has recognized through a Resolution                                              Mailing address will remain the same:
Student organizations at the Charleston School of Law               that “Charleston Pro Bono Legal Services, Inc. has effec-
                                                                    tively served the CCBA in facilitating pro bono legal servic-
                                                                                                                                                                                     PO Box 21136
(CSOL) have really stepped up to the plate. In February
                                                                    es by its membership since the year 2005, receiving more                                                     Charleston, SC 29413
both the Student Division of the CCBA and the Phi Delta Phi
law fraternity held fundraisers for PBLS. Phi Delta Phi put on a    than 3500 eligible intakes and accumulating a list of over
Chili Cook-Off. The CCBA Student Division held a wonder-            300 volunteer attorneys.”                                        Ms. Holzel will not be at Young Clement Rivers after March 31 due to her retirement but will continue to serve
ful CLE on the law of managing a law office. We are most                                                                             as Executive Secretary of the Charleston County Bar Association. All phone calls and e-mails should be sent
grateful to Professors Zisk, Finkel and Spitz for volunteering                                                                        as noted above after March 31, 2011. Please change your contact information effective as of that date.
their talents as presenters at the CLE and to all those who
participated in both events.

                                                                                                                                                              2011-2012 CHARLESTON COUNTY
                                                                                                                                                            BAR ASSOCIATION EXECUTIVE BOARD
            CHARLESTON PRO BONO                                                 LEGAL SERVICES, INC.
                                                                                                                                                                          John Massalon – President
                                                                                                                                                                      Robert Bernstein – President-Elect
                                                                                                                                                                  Randell Stoney – Immediate Past President
LAWYER or Firm Name:                                                                                                                                                          Natalie Bluestein
                                                                                                                                                                                 Brian Duffy
Contact:                                            Address:                                                                                                                 Andrew Gowdown
                                                                                                                                                                               Ladson Howell
                                                                                                                                                                              Matthew Hubbell
                                                                                                                                                                                James Myrick
                                                                                                                                                                                 Eli Poliakoff
Enclosed is our gift of $             .    $25.00       $50.00        $100.00       $200.00         $500.00         $1000.00
                                                                                                                                                                                 Lori Proctor
Please cut out and return to Charleston Pro Bono Legal Services, Inc., Post Office Box 1116, Charleston, SC 29402                                                             Nosizi Ralephata
Your donation is tax deductible as provided by law.                                                                                                                            Abby Saunders
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