The Midlands Region of SCWLA welcomed in the New Year with a large turnout at its luncheon in Columbia on Thursday, January 5, 2012 at the Summit Club. Barbara Seymour, Deputy Disciplinary Counsel with the Supreme Court of South Carolina, presented a two-hour annual ethics update that is always one of the most-popular programs at the Midlands luncheons. Barbara covered three areas, which included (1) highlighting the Annual Report of Lawyer Discipline in South Carolina, (2) summarizing some of the significant 2011 disciplinary opinions, and (3) discussing recent rule changes and proposals by the Supreme Court.
The Annual Report contained some interesting statistics, such as the fact that less than 1% of complaints in the last year were filed anonymously, and nearly 63% were filed by the clients themselves or by the clients’ family members or friends. The bulk of the complaints were filed against attorneys who are sole practitioners (38.8%) or in law firms (35.17%), with corporate counsel and mediators/arbitrators comprising the least complained about practice types, at less than 1% each.
Several disciplinary cases were notable for the criminal violations involved, ranging from the unfortunately all-too-common (hiding of assets), to the bizarre (indecent exposure), to the unbelievable (lawyers trying to kill other lawyers). Apparently negotiation and problem-solving skills are not as universally possessed or practiced as one would hope. Many cases involved substance abuse as a contributing factor, and the South Carolina Bar is a great source of assistance for lawyers needing help.
Lastly, on the topic of recent rule revisions and proposals, Barbara noted that in August 2011, the South Carolina Supreme Court revised Rule 7.1 to permit, in limited circumstances, the use of testimonials in lawyer advertising. The Court has also begun the first phase of implementing electronic filing in South Carolina courts by creating the Attorney Information System (“AIS”), an electronic database with contact information for attorneys licensed in South Carolina. All Bar members were required to register with AIS online prior to renewing their dues for 2012.
As always, Barbara provided a wealth of information and much-appreciated ethics credits as a benefit to our SCWLA members. For those who missed this wonderful opportunity and would like more information on the matters mentioned above or who have any questions on the disciplinary process, please contact Barbara Seymour at the Office of Disciplinary Counsel, (803) 734-1419.
-Karen Huelson, S.C. Supreme Court
