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LISA LONG COTTEN SELECTED TO BECOME RILEY DIVERSITY FELLOW

 

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!


KellyGram – Guess Who’s Back?

 

I am proud to officially announce that attorney Stephen Vicari will be re-joining the Mike Kelly Law Group next week!

Stephen was originally employed at MKLG as a law clerk and, after passing the bar, was hired on as an associate in our Myrtle Beach office. After he served in that role for over a year, Stephen was bitten by the “love bug,” and he became engaged to his beautiful bride-to-be, Jessica. When the two decided to relocate to their hometown of Lexington, the firm’s Columbia office unfortunately had no openings for a litigation attorney and we reluctantly parted ways with Stephen.

Since then, MKLG has grown and, in an effort to better serve our clients, we decided to bring on another attorney in the Columbia office. And guess who will be filling that role? You got it—the one and only Stephen Vicari! Stephen is the natural fit for this opening, and we are thrilled to announce his return.

Since his departure, Stephen has continued to work in the legal field, further developing and refining his talents. Though he will primarily perform litigation services under our litigation director, Brad Hewett, Stephen will also work in the areas of workers’ compensation and social security disability at all three MKLG offices.

For those of you who have not had the pleasure of meeting Stephen, he is a South Carolina native who grew up in Lexington. He graduated from College of Charleston and, before attending law school, served in the United States Navy, with deployments to the Mediterranean Sea, Indian Ocean, and Persian Gulf in support of Operation Enduring Freedom and the Global War on Terrorism. He subsequently graduated from USC School of Law, and has grown to be a talented attorney who aggressively pursues his clients’ rights and interests.

Simply put, we are delighted to welcome Stephen Vicari back to the Mike Kelly Law Group!

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KellyGram – Gamecock Basketball 2018

 

I am still brimming with excitement from the Gamecocks men’s basketball victory over Kentucky on Tuesday night at Colonial Life Arena. Not wanting to be out too late—the game started at 9pm—I gave up my tickets to my eldest son, Patrick. As it turns out, I should have gone with him to the arena! According to Patrick, Colonial Life was rocking, and there is no doubt that the home crowd played a significant role in upsetting the Kentucky Wildcats. Likewise, I watched every play from home, and was so keyed up by the end of the game that I had difficulty falling asleep!

Gamecock head coach Frank Martin, like his counterpart Dawn Staley, is an outstanding leader who stresses teamwork over individual accomplishment, and he puts a premium on defense and intensity. Though the team does not have as much talent as last year, under the tutelage of their future hall-of-fame coach, the Gamecock players have an excellent team dynamic and are an inspiration to their fans, myself included, during this cold winter season. Go Cocks!

(And for the rest of you…Go Tigers!)

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KellyGram – Fairfield County Nuclear Let-Down

 

One of our service areas, Fairfield County, continues to suffer from the decisions of SCANA and Santee Cooper to terminate the construction of two nuclear reactors within the county. In my opinion, at least one of the facilities is necessary to accommodate South Carolina’s rapidly increasing electrical needs. But of more immediate concern is impact of the failed project on Fairfield County’s struggling economy.

Fairfield County and the two electrical companies had negotiated a deal where the county would receive a fee from the companies in lieu of property taxes on the nuclear sites. The deal was expected to bring substantial income to the Fairfield County government, which it planned to use in part to expand water and sewer access to rural areas of the county where, currently, the utilities are virtually non-existent. The build-out and development of the county would have created jobs and brought wealth to the community; instead, hundreds of residents are left looking for work due to the massive lay-offs following project’s halt. Meanwhile, rate-payers (myself included) have taken a bath in increased utility costs stemming from the expensive, albeit failed, construction. It would be an understatement to say that the mishandling of the project by SCANA and Santee Cooper is a shame—it was, and continues to be, a catastrophe for the citizens and leadership of Fairfield County.

Here’s hoping that Fairfield County and its citizens can find relief from this economic nightmare. My heart goes out to you, my friends!

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The One Bite Rule? Not So Fast My Friend.

Brad Hewett

 

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


KellyGram – Out With The Old, In With The Cold

 

It’s officially 2018, and the (not-so) sunny state of South Carolina rang in the New Year with freezing temperatures! Our clients in Myrtle Beach and the Pee Dee got a heavy dose of arctic weather on Wednesday with ice and snow, and even “Famously Hot” Columbia saw brief flurries. Maybe it’s just me, but it seems that the older I get, the harsher the cold weather is on my body, and this year I feel it more than ever. So, as much as I love South Carolina, lately I would rather be on a sunny beach in the Caribbean!

This abnormally cold climate does not only cause us to reach for an extra jacket or two, though. The wintery precipitation and freezing temperatures create hazardous driving conditions that many South Carolinians are unused to. On Wednesday, Charleston, Myrtle Beach, and Florence experienced an astronomical spike in automobile accidents. There are warmer days to come, but until then, I urge you to stay wary of icy roadways and other drivers, and consider traveling with a fully charged phone and blankets in case of a roadside emergency. I wish safe passage to you all as we traverse this arctic episode, and offer my help to those who may need assistance along the way.

We’re here for the people of South Carolina.

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KellyGram – 2018

 

Happy 2018!

Wow, can you believe it? The New Year is approaching rapidly! I look forward to what 2018 has in store—to conquering the hills and valleys that are invariably around the corner and, more importantly, to serving friends I’ve not yet met and making new memories with old ones.

It seems as though 2017 passed in the blink of an eye, but as we all prepare to welcome in the New Year, it is important to take the time to reflect on the challenges, triumphs, and priceless moments that 2017 presented. Understanding our past successes and mistakes will help each of us to make the most of the fresh start that 2018 will offer. It is a blessing to be here to celebrate the year to come, and I will strive to treat every day as a gift and an opportunity.

On behalf of the Mike Kelly Law Group, I am wishing you and yours the best year yet!

Cheers!

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KellyGram – What Christmas Means To Me.

 

As I shared last week, I have come to appreciate all that the Christmas Season brings – family and friends, the hustle and bustle, and the break from the normal routine as things wind down for the year. Over the years I have made great progress in embracing these aspects of the holidays. Even so, as a cradle Episcopalian and follower of Jesus Christ, to me Christmas has always been, above all else, about my Christian faith. My Christmas Eve and Christmas Day primarily center around worship at my beloved home church, St. Martin’s-in-the-Fields Episcopal Church. Located in Forest Acres, we have services on Christmas Eve at 10:30pm and on Christmas Day at 10:30am and 5:00pm. The service I look forward to most is our Christmas Eve Mass at 10:30pm. We Episcopalians kick this service up a notch as we commemorate and welcome the birth of our lord and savior, Jesus Christ. This beautiful and incredibly joyous service is filled with lots of brass instruments, hymns, and all of the wonderful traditions I experienced growing up. To me, this is always a great way to celebrate the true meaning of Christmas.

If you don’t have a church home or just want to visit St. Martin’s, our doors are always open, and you can be sure to find me at the Christmas Eve Service at 10:30pm this Sunday.

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KellyGram – I’m in the Holiday Spirit

 

As I write this week’s KellyGram I cannot help but think about the way I used to feel about the holidays. I have to admit that time and wisdom have taken a toll on my inner “Grinch”, and what used to be my least favorite time of the year now sparks a sense of holiday spirt in me. Reflecting on the past, I liked and was used to a set routine; so the holidays just felt like an inconvenient disruption to me, especially the time between Thanksgiving and Christmas. All of the social activities, holiday parties and family gatherings just seemed to get in the way of my work (which happens to be one of my favorite things to do), and my frustrations would only escalate as things slowed down so dramatically. That was then, though. Now, with all of my life experiences and lessons, I have come to terms with the holidays and have found myself getting more into the holiday spirit over the last few years. I now appreciate and enjoy almost everything about the holidays, especially the warmth and joy of spending time with loved ones.

My family, friends, and coworkers at the Mike Kelly Law Group can no longer say that Mike Kelly is a “Grinch” – this year I even put up a tree! Ultimately, I have come to learn that it is better to enjoy every minute of every day while I can, and this is especially true during the special times of the holidays.

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KellyGram – A Legal Giant

 

It is with great sadness that I share the passing of Judge Ernest Finney last Sunday, December 3, 2017. He grew up in my neck of the woods of Smithfield Virginia, before moving to South Carolina at an early age. He became a lawyer, a legislator, a Circuit Court judge, a Supreme Court judge, and ultimately the Chief Justice of the South Carolina Supreme Court. This was a remarkable accomplishment for someone who grew up humbly in the pre-civil rights era. He became a civil rights pioneer, being involved in many legal challenges to segregation and ‘whites only’ accommodations. He has a wonderful family, and is survived by his wife, Frances, his daughter Nikky, who is an accomplished poet and English professor, and two sons, both of whom are lawyers – Ernest “Chip” Finney III, who serves as the Solicitor for the Third Judicial Circuit, and Jerry, who I had the pleasure of working alongside many moons ago, and is now an accomplished attorney and CEO of his own firm.

In addition to his civil rights accomplishments, Chief Justice Finney is known for being a pioneer in the legal field. He served as a jurist with fairness, respect and kindness, and truly believed in his favorite verse, Micah 6:8 – “And what does the Lord require of you? To act justly, to love mercy, and to walk humbly with your God.” I was blessed to have known such an amazing man, and he will truly be missed.

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