South Carolina Bar House of Delegates information

The next meeting of the SC Bar House of Delegates will take place Jan 18, during the State Bar Convention at Kiawah Island

Please take a few minutes to review the summaries of key agenda items.  There are several items that are guaranteed to affect your practice, such as:

  • Electronic service
  • Increased license fees
  • Increased CLE hours.

If you would like more detail, you’ll find the complete agenda packet and its supporting documents at the link below.

If you have any questions or concerns about an agenda item, please contact me by Jan. 17. It is important to me to make sure your voices are heard during this decision-making process that impacts all attorneys. In order to achieve that goal, I need your input.

Please do not hesitate to call or email me at any time if you have questions or concerns.

Sincerely,

m-smith1-web_mugMichael B. Smith
Partner
Morton & Gettys
803.366.3426
michael.smith@mortongettys.com

Representing the attorneys of York and Union Counties in the SC Bar House of Delegates

Read our summary of key agenda items below.

You can download the full agenda here, along with supporting reports and documentation.

President’s report: Page 29 of agenda packet

Report from South Carolina Bar Foundation, Inc.

Request from Professional Responsibility Committee to amend Rule 1.10 of the Rules of Professional Conduct:  Proposes that consent no longer be required from former clients when a lawyer joins a new firm that represents clients who might have adverse interests to the former clients . Page 40 of agenda packet

Request from Professional Responsibility Committee to amend Rule 1.0, 1.1 and 1.6 of the Rules of Professional Conduct:  Proposes that lawyers be permitted to hire technology professionals who are not lawyers to assist with safeguarding client information. Also would make it clear that lawyers who make reasonable efforts to prevent unauthorized disclosure of information are not in violation of the rules if there is an accidental data disclosure.  Page 47 of agenda packet

Request from Professional Responsibility Committee to amend Rule 1.6 of the Rules of Professional Conduct:  Proposes a rule clarifying there is no rule exception for disclosing, without consent, client information already in public records. Lawyers would, however, be permitted to disclose without consent citations of published opinions from cases in which the lawyer was involved.  Page 55 of agenda packet

Request from the Practice and Procedure Committee to amend Rule 33, SCRCP:  The proposal would allow Family Court litigants to serve more than the standard interrogatories and engage in formal discovery without first seeking an order. Page 60 of agenda packet

Request from the Practice and Procedure Committee to amend Rule 5(b)(1), SCRCP:  The proposal would allow, but not require, service of legal documents via email if the recipient has consented. Page 69 of agenda packet

Consideration of a proposal to increase license fees:  A $15 increase in license fees for all categories of membership is proposed. Page 68 of agenda packet; Solo & Small Firm Section addendum

Nomination of members of Commission on Continuing Legal Education and Specialization. Page 78, agenda packet

Request from Lawyers Helping Lawyers Commission and Wellness Committee to amend Rule 408, SCACR. The change would require one hour of substance abuse instruction every two years rather than every three years. Page 91, agenda packet

Request from Trial and Appellate Advocacy Section to support funding for courtroom improvements Asks the House to support a resolution requesting the General Assembly and local governments pay to install audio induction equipment in courthouses across the state. Page 120, agenda packet; Trial & Appellate Advocacy Section addendum

Request from Probate, Estate Planning and Trust Section, Elder Law Committee and Children’s Law Committee to adopt Uniform Transfer to Minors Act. Proposes changes that would bring South Carolina law in line with minor changes in place in all other states. Page 123, agenda packet