Archive for the ‘Advocate’s Journal’ Category
Advocate's Journal
The Catch-All Disciplinary Provision of the Nurse Practice Act
As discussed in a previous post, there are thirty-eight separate grounds for discipline applicable to nurses: twenty-six that apply specifically to nurses and twelve that apply to all licensed professionals. The single-most common ground for which nurses are disciplined is S.C. Code Ann. § 30-33-110(A)(3): [T]he board may cancel, fine, suspend, revoke, issue a public […]
Advocate's Journal
The South Carolina Board of Nursing Complaint Process and Nurses’ Right to Defend
The disciplinary process before the S.C. Board of Nursing can be very stressful. Your license represents your livelihood and your reputation, and it is worth defending. South Carolina law protects the right of nurses to defend their licenses, and the Board of Nursing provides an opportunity for the nurse to present his or her side […]
Advocate's Journal
Recent Developments in Disciplinary Matters Before LLR Boards
There have been two recent and significant developments that relate to licensure disciplinary matters before boards at the South Carolina Department of Labor, Licensing, and Regulation (LLR) (discussed more here). The first is an order issued by the South Carolina Administrative Law Court in November 2017 remanding a decision issued by the State Board of […]
Advocate's Journal
Have You Amended Your LLC’s Operating Agreement? Here’s Why You Should.
The auditing requirements for partnerships and limited liability companies taxed as partnerships have changed. If your LLC is taxed as a partnership, not updating your LLC’s Operating Agreement could end up costing you power over the actions of your LLC and money. In 2015, Congress enacted the Bipartisan Budget Agreement of 2015, or the BBA. […]
Advocate's Journal
Join the Bigg Doggs
Join Alexis Lindsay as she relaunches “Bigg Doggs” with the Richland County Bar Association! The first lunch in this series will be held on March 16 at Nelson Mullins and will feature University of South Carolina School of Law Professor Colin Miller. Professor Miller is the creator and blog editor of EvidenceProf Blog and has […]
Advocate's Journal
Sowell Gray’s Appellate Advocacy Group Devotes Significant Time to Pro Bono Appellate Matters
By Beth Burke Richardson Seven members of Sowell Gray’s appellate advocacy group devoted more than 870 hours (or approximately 22 forty-hour work weeks) to pro bono appellate work in the last two years. Through both service on the South Carolina Appellate Practice Project and appointment by the Discretionary Panel of the United States Court of […]
Advocate's Journal
Personal Identifying Information is Exempt from FOIA
The South Carolina Court of Appeals reversed a trial court decision that ordered the City of Columbia to disclose the home addresses, personal telephone numbers, and personal email addresses for applicants who applied for the position of city manager. Plaintiff sent the City a Freedom of Information Act request for all materials relating to the […]
Advocate's Journal
An Email Constitutes Written Notice For Purposes of Rule 203(b)(1), SCACR
In Wells Fargo Bank, N.A. v. Fallon Properties South Carolina, LLC, No. 2015-000157 (S.C. App. Aug. 26, 2015) (Shearouse Adv. Sh. No. 33), the South Carolina Court of Appeals found that an email from a court with the order on appeal as an attachment constitutes written notice of entry of the order under Rule 203(b)(1) […]
Advocate's Journal
Legal Malpractice Claims Cannot Be Assigned Between Adversaries in Litigation
The South Carolina Supreme Court certified the following question from the United States District Court: “Can a legal malpractice claim be assigned between adversaries in litigation in which the alleged legal malpractice arose?” The Court answered the question in the negative, following the majority of other jurisdictions that have addressed the issue and finding that […]
Advocate's Journal
Freedom of Information Act requires Government Bodies to Announce with specificity why it is going into Executive Session
The South Carolina Supreme Court affirmed a trial court decision that upheld the validity of an ordinance of the City of North Augusta, but the court reversed the trial court order by holding that the City of North Augusta violated the Freedom of Information Act. Plaintiff sued the City of North Augusta, Mayor, and City […]