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Please use the links to the right to check out firm news and more information relating to these specific areas of law. Happy reading and please contact us if you have any questions that we can help answer.
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There is no denying the fact that we now live in a digital world. Many of us are old enough to remember when telephones were attached to a cord in the wall, and we could only make and receive calls when inside our homes. Today, not only are our telephones completely portable and able to go with us wherever we go, but we can access the internet and perform just about any task with the help of a smart phone. In fact, today’s smart phones are over 120 million times more powerful than the NASA computers that sent the first astronauts to the moon and back in 1969.*
Think about all the advances that have occurred in our lifetime. Documents that had to be typed with carbon paper to make copies and mailed to its recipient can now be uploaded and emailed in a matter of seconds. Groceries can now be ordered through an app on your phone and delivered directly to your home. Kids in school are learning on electronic tablets instead of text books. In the not-so-distant future, our children or grandchildren will not know anything about a landline telephone, a record album or a world where you cannot access anyone immediately and get an immediate response.
It is highly likely that if you are reading this, then you have some type of social media account. Facebook, LinkedIn, YouTube, Snapchat and Instagram are some of the most popular services available on the internet. Many people have accounts with online photo hosting services to upload the photos from their phone or computer in order to save them or order printed copies. Internet shopping has become so popular that millions of people have online accounts with merchants for shopping online. Banks offer internet access to your bank account for online banking. Whether you realize it or not, you have an online digital presence, and that presence needs to be protected during your lifetime, and after you are gone.
We have all heard the warnings about using passwords that are hard to crack, and to protect our passwords from being obtained by thieves. Those are valid warnings, and I would urge you to protect yourselves from having your passwords hacked or stolen. You have an online identity, and you do not want that identity to be stolen. But what happens to that identity when you are gone? What happens to your Facebook page, or your photos that you have stored online, or the documents that you saved in a cloud based service? Those things do not just disappear when you die.
Do you want your Facebook page taken down when you are gone? Do you want it to continue on as a memorial to your life? Do you want those priceless photos or important documents to be available to your loved ones? These are questions for the digital age, and questions that many of us have not had to think about prior to this point in our lives. They are also issues that can be resolved as part of your estate plan. You can leave instructions as to how you want your online accounts to be handled. You can leave a list of your accounts and passwords in a safe place along with your Last Will and Testament, along with instructions for how you want the things you have protected during your lifetime to be dealt with upon your death.
We live in a digital world, and with that comes more information than ever before to be protected during our lifetime and distributed or disposed of when we are gone. Unless you plan ahead, your loved ones may not know where all of your information is stored, and may not be able to access or close accounts that contain your information or data. It is time to start treating our digital presence and digital possessions the same as we would our tangible possessions when planning for the future.
*For an interesting read on the technology that sent man to the moon as compared to today’s technology, check out this article:
https://www.zmescience.com/research/technology/smartphone-power-compared-to-apollo-432/
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Lisa Long Cotten of The Mike Kelly Law Group is one of 41 leaders from across the Midlands and surrounding area selected to participate in the Riley Institute at Furman’s Diversity Leaders Initiative (DLI) this spring.
“Though we are a diverse population, discovering ways in which differences can be a strength in our organizations is of utmost importance as we seek to grow and support a thriving economy and rich culture,” said Dr. Donald Gordon, executive director of the Riley Institute.
DLI class members are identified through a rigorous process including a nomination, application and interview. Individuals are selected to join the class based on their capacity to impact their organizations and communities.
Over the course of five months, Lisa will learn about diversity and inclusion “blind spots” and how to suspend assumptions. Lisa will also work in small, cross-sector groups to respond to real issues and opportunities in the community through a service project. The DLI classes are expertly facilitated by Juan Johnson, an independent consultant and former Coca-Cola vice president.
“DLI is unique among South Carolina’s leadership programs. In addition to the opportunity to develop new relationships and take part in positive action in their communities, participants gain deep knowledge of how to effectively manage and lead diverse workers, clients and constituents,” said Johnson.
DLI graduates become Riley Fellows, members of a powerful, cross-sector, statewide leadership network that includes CEOs of corporations, mayors, city and county council members, legislators, school superintendents, pastors and rabbis, non-profit heads, chamber of commerce directors, and community leaders. In addition to the Midlands, DLI classes are selected annually in the Upstate and Lowcountry.
“We now have more than 1900 Riley Fellows statewide. Each new class further extends the reach and impact of leaders willing to work together to make South Carolina a better place to live and work for all its residents,” said Gordon.
Congratulations Lisa!
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Like many of you, we are dog lovers here at the Mike Kelly Law Group. For my family, and especially before we had children, that meant taking our dogs with us pretty much wherever we went, whether that was the park, the lake, out to eat, and everywhere else short of court and church.
While Americans in general are dog crazy (yes my wife dresses our dog up for holidays and yes we may have watched a few episodes of the Cesar the dog whisperer), many South Carolinians may not be aware of their responsibility and potential liability associated with their canine.
The South Carolina Code of Laws provides that “[i]f a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place…the dog owner or person having the dog in the person’s care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. S.C. Code Ann. § 47-3-110. See, Harris v. Anderson County Sheriff’s Office, 381 S.C. 357 (S.C. 2009).
In short, if your dog harms another person, you are responsible for the damages as long as that individual was not trespassing onto your property, or provoking your dog. If your dog injures an individual, you will likely be on the wrong end of a claim or lawsuit, with virtually no defense for the actions of your dog absent a trespass or provocation. Contrary to popular belief, there is no “one bite rule” in South Carolina, meaning that you are responsible for damages caused by your dog even if it had not previously displayed any aggressive tendencies or been involved in a prior incident.
How can you minimize the risk of your liability? Below are 4 suggestions to keep in mind:
1. Keep your dog on a leash while in public, and exercise caution when allowing contact with strangers. My dog is a combination of German Shepherd and Golden Retriever (we think) and has protective tendencies. In turn, when I walk my dog in public I do not allow people that he does not know to approach and attempt to pet him. You may want to also consider using a muzzle if your dog is going to be around strangers.
2. Install a fence or invisible fence to prevent your dog from venturing off your property. It seems like common sense, but canines do not always appreciate boundaries. Often times, a person’s natural reaction is to run when a strange dog is approaching, even in a playful manner, which can also lead to injury should that person sustain injury while attempting to flee.
3. You can be liable for injuries caused by your dog even if the incident occurs inside your house or on your property, as long as the guest is lawfully on the premises. Unless your dog is familiar with the guests, it is worth considering whether the dog should be placed in an area removed from contact with the guests. While such a suggestion may seem awkward to those of us that consider our dog a member of the family, since South Carolina law creates no fault liability for the dog owner in the event of damages, it is simply a measures to reduce the chance of an incident.
4. Contact your insurance agent to determine whether you have insurance that would provide coverage should your dog inflict damage. While many homeowners’ policies provide such coverage, there may be exclusions depending upon the breed of the dog. It is worth securing coverage to protect your family should such an unfortunate incident occur, and I would recommend carefully reviewing the policy to ensure that an exclusion does not apply based upon the breed of your dog.
The Mike Kelly Law Group has assisted numerous victims of dog attacks over the years, some sustaining catastrophic injuries. I recently represented the family of a young girl left with permanent scarring after being attacked by the dog of a neighbor who was allowed to wander freely throughout the area. Dogs are truly man’s best friend and reward us in many different ways. However, accidents can happen that leave your family responsible for the consequences. Much of this article is just good common sense, but do not hesitate to contact me at 803.726.0123 or bhewett@mklawgroup.com if you care to discuss this topic further.
For now, a few words of canine wisdom:
“Everyone thinks they have the best dog. And none of them are wrong.” – W.R. Purche
“The average dog is a nicer person than the average person.” – Andrew A. Rooney
“The more I learn about people, the more I like my dog.” – Mark Twain
“Dogs’ lives are too short. Their only fault, really.” – Agnes Slight Turnbull