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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.


KellyGram – My Thoughts on the Las Vegas Tragedy

 

It seems in the last several years, we have encountered a mass shooting more often than ever before in this great nation of ours. Even with that being said, there still has never been one of the magnitude of the shooting in Las Vegas this week. My thoughts are with the victims and families of this tragedy. The people of the Mike Kelly Law Group share the deep and abiding concerns for the sanctity of human life and we, like all of you, are still trying to come to grips with the weight of this horrible event.

It is outside the scope of the KellyGram for me to promote political solutions to this problem. As for me, I will pray for the American people and its leaders to come up with a solution to minimize the loss of life and the domestic terrorism that we are now facing. I will pray early and often, and encourage all other believers to do the same.

May God Bless the United States of America.

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KellyGram – 21st Annual Rock Around The Clock Festival

 

Everyone in South Carolina knows that we have the coolest festivals in our small towns and communities. My personal favorite is the Rock Around the Clock Festival in Winnsboro, SC. Winnsboro happens to be my adopted hometown, and our office is right there next to the town clock. The people in Fairfield County have been through a lot with recent happenings at the V.C. Summer Nuclear Power Plant, but they love to celebrate and have a good time. This festival will take place next Friday through Saturday, October 6th & 7th. The festival kicks off on Friday night at 7pm with the Carolina Country Dancers followed by the annual street dance from 8pm to 11pm. Saturday will feature a multitude of activities including one of the Southeast’s largest and best antique car and truck shows, an expanded children’s area, local craft and food vendors and continuous main stage entertainment. The Mike Kelly Law Group will be out in full force under our tent distributing goodies along with legal advice, and sharing lots of laughs. Come by and see me, the Mike Kelly Law Group team, and enjoy the festival!

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It’s Football Season!

Kayla Culver

Like anyone else, football season gives me a unique sense of excitement and hopefulness for what will become of my favorite college football team. Swarms of fans gather at tailgates, sports bars, or host parties to support their teams on game days, whether it be college football or NFL. But in doing so, many fans become so caught up in the football frenzy that they lose sight of what is going on around them. Although the main focus of the football season should be on having a good time, gathering with friends and family, and escaping the daily stresses of life, tailgaters need to remain mindful that laws are still enforced on game days in order to avoid a party foul with legal consequences. These laws are three-fold: state laws, local laws, and if you attend the game, stadium or university laws. Think of these laws as a pyramid that you carry with you on game day. For instance, when attending a University of South Carolina Gamecocks game at Williams-Brice Stadium, these are the laws that apply to you:

Starting from the bottom, state of South Carolina laws; then the middle, local Columbia ordinances; and if you’re attending the game at Williams-Brice Stadium, University of South Carolina rules at the top of the pyramid. These laws are important to be aware of when you are out-and-about tailgating and attending the football games.

A sample of state laws that may interfere with your enjoyment of the football games on Saturdays are public disorderly conduct and driving under the influence (DUI). According to South Carolina law, a person who is found to be extremely intoxicated in a public place, usually acting rowdy or unruly, can be charged with public disorderly conduct and could ultimately be fined up to $100 or receive up to 30 days of jail-time. Also, like other states, South Carolina prohibits a person from driving a vehicle while under the influence of alcohol or drugs. A first offense DUI comes with jail-time up to 30 days, a fine up to $1,000 depending on how intoxicated you are, and suspension of your driver’s license for 6 months. So, this may go without saying, but on game days, especially if you are entering the game, it is best to be aware of your conduct, your surroundings, and the amount you are drinking. The priority, alongside having a great time, should be your safety and the safety of others around you.

Moving up the pyramid to local laws, Columbia city ordinances prohibit walking around with alcoholic drinks on public property, and Columbia has its own laws that deal with disorderly conduct and public drunkenness. So, when you are enjoying that ice cold beer on game day, be sure that you are drinking where you are allowed to do so; otherwise you may end up with a buzzkill in the form of a $500 fine and/or 30 days of jail-time. Likewise, control your alcohol intake, as a charge of public drunkenness carries the same penalty.

Finally, if you are attending the game at Williams-Brice Stadium, the University has clear rules that prohibit things like alcoholic beverages, containers of any kind, inflatables (like beach balls), umbrellas, artificial noisemakers, concealed weapons, personal seatbacks with armrests, and bags larger than a clutch purse. The University is also a tobacco-free campus which includes a ban on electronic cigarettes. Football is about supporting your team; it is difficult to do that if you’re kicked out of the stadium for smuggling in contraband! But, while there are many things you cannot bring into the stadium, there are a few exceptions: you can bring 1 sealed water bottle per person and you can bring in a clear plastic bag or one-gallon Ziploc bag. So, take advantage and bring a water bottle to stay hydrated while jumping around to Sandstorm.

While some of these laws may seem like common-sense, having an awareness of the rules and regulations around you helps keep you and those you care about out of trouble, and it makes the city safer for everyone. There are laws similar to these in most states, localities, and universities or stadiums. While these laws are specifically about South Carolina, Columbia, and the University of South Carolina, it is important to be aware of the laws wherever you go.

Overall, the goals of football season are to have a great time, enjoy friends and family, and of course, to see your team succeed. So, take with you this knowledge of the law to have a great football season! And of course—GO GAMECOCKS!

For more information on South Carolina’s laws referenced above, please visit http://www.scstatehouse.gov/code/t16c017.php. For more information on the City of Columbia’s local laws, visit https://library.municode.com/sc/columbia/codes/code_of_ordinances. For more information on University of South Carolina rules on gamedays for all athletics, visit http://www.gamecocksonline.com/ot/game-day-information.html.


KellyGram – Recent Trends in Workers’ Compensation Cases

 

I have been handling on the job injury cases for injured workers of all types (professional, blue collar workers, medical personnel, educators, etc.) for forty years. It has become much more difficult in recent years for the injured worker to receive fair compensation under the terms of the Workers’ Compensation Act. For starters, workers’ compensation provides three forms of relief:

a. A weekly check for each week they are off of work, based on two-thirds of their average weekly wage.

b. One hundred percent payment of all medical care with no co-pays, deductibles or out of pocket expenses being absorbed by the injured worker.

c. A lump sum if the injured worker suffers a permanent disability to any part of their body.

In recent years, the insurance company for the employer will not accept the claim or put the injured worker on the weekly check, nor be responsible for their medical bills. This leaves the injured worker in a tremendous bind, and unless they have health insurance, they may not receive anything resembling adequate medical care. The next move of the insurance company is to offer an inadequate amount of cash to the injured worker and their lawyer in order to entice them to accept a smaller and inadequate settlement.

It is definitely more important than ever for injured workers who have sustained moderate to severe injuries to hire legal counsel. There are many other options available, but have you considered the Mike Kelly Law Group? We assure you that we’ll do our best and provide prompt and expert service.

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KellyGram – University of South Carolina School of Law: Building Dedication

 

Yesterday, the day finally arrived! Over twelve years ago, the then-president of the University of South Carolina, John Palms, and the law school dean, John Montgomery, took me to the faculty house on the Horseshoe for lunch and asked me if I would be interested in chairing the USC Law School Building Fund Campaign. With my legal career meaning as much as it does to me and my family, I could not say no. I happily accepted the position, yet little did I know that it would take us such a long time to raise the money. There were numerous challenges and arguments against building a new law school, but it was clear to me that the existing building was inadequate to provide the proper learning environment. Throughout the time of the building’s construction, we have had two new presidents after Dr. Palms, and the university wisely added Steve Hamm as my co-chair. Steve is one of my favorite people, along with being one of the best lawyers, fathers, and husbands on the planet. Together, along with other volunteers and university development staff, we finally raised close to $20 million, with the State Legislature graciously giving us the remaining $65 million.

I must say that the new law school is not about me, although Steven, myself, and many others worked very hard to get us here. I am so proud to have been a part of this effort, and the new building is a stunning addition to the university. It is state of the art, designed by the best law school architects; it has everything in terms of class, dignity, and the “wow-factor” that the old building lacked. In addition, I am very proud to say that the university named rooms after both Steve and I, naming my dedicated room the Mike Kelly Courtroom/Seminar Room.

It has been an honor to serve this cause, and I feel great pride in the achievement of our goal. I am delighted that my name will be on an endearing plaque on the wall of probably the newest and nicest law school in the country. After the Building Fund Dedication Ceremony yesterday morning, we had the pleasure of attending the Black Tie Gala to celebrate this wonderful new addition to the University of South Carolina, the City of Columbia, and the administration of justice in South Carolina.

Go Gamecocks!

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KellyGram – Hurricane Season

 

The Mike Kelly Law Group has two offices in the midlands, Columbia and Winnsboro, and one office on the coast at Myrtle Beach, two blocks from the ocean. With the news of Hurricane Irma, we are all watching and waiting to see if we are going to be impacted by this possible category 5 hurricane. I have experienced many hurricanes, some mild, some moderate, and some severe, and they are never any fun. While some people may marvel at the awesome display of the power of nature, hurricanes are too dangerous and destructive to wish for.

The one that I most vividly remember is 1989’s Hurricane Hugo. I had four very large pine trees blown down in my yard, barely missing my residence, and no power for five days. It took a while to recover, just as the thousand year flood that affected Columbia in 2015.

We are all about safety, and the prevention of the loss of human life or property, at the Mike Kelly Law Group, so PLEASE pay attention to what the weather forecasters are saying, and take appropriate precautions.

http://www.nhc.noaa.gov/prepare/ready.php

https://www.ready.gov/hurricanes

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Why We Do This

Paul Swearingen

I grew up in a rural area in a time before cable television and satellite dishes were options for such areas. The three national networks were the only channels we had to choose from when watching television. On most days, when the weather was good, we had one more independent channel that would come in clearly enough to watch. This channel would show nothing but re-runs of old shows. This is where I was introduced to the “Perry Mason” show.

Perry Mason was a character created in books written by Earl Stanley Gardner in the 1930’s, brought to life on a television series that aired in the late 1950’s- early 1960’s. Perry was a criminal defense attorney, and every episode featured Perry representing a client that everyone believed was guilty of a crime, usually murder. Perry would fight for his client, investigate every angle, and by the end of the episode, uncover the truth and prove his client innocent. This show came on every weekday at lunch time. After a summer morning of playing ball outside with brothers and friends, I would take a break and watch Perry Mason win yet another case while eating my lunch.

I always loved a good mystery. I loved trying to solve the case along with Perry Mason, trying to figure out who really committed the crime before the big reveal at the end of the episode. Perry was brilliant in the courtroom, and after watching this show all summer and reading the novels, I was hooked on the idea of being a lawyer. I remember our English teacher the next school year asking us to write a paper on what we wanted to be when we finished school, and I wrote about being a lawyer. From that point on, law was the only profession I even considered.

As we often find out when growing from childhood to adulthood, reality does not always meet the expectations we set based on what we see on television. I must confess that during my first year of law school, the reality of the legal profession set in, and I began to question if I really wanted to be a lawyer. The more I studied, and the more I saw of the profession from working as a law clerk, the less it looked like the world of Perry Mason. Innocent criminal clients come along much less often than portrayed on television. The practice of law involves much more behind the scenes work and paperwork than it does courtroom drama. Despite popular belief, becoming a lawyer does not automatically come with a big paycheck. It is definitely not as glamourous as what you see on television.

Almost by accident, I ended up practicing real estate and probate law. I did not have those areas of practice in mind when I went to law school, or even when I graduated law school. An opportunity arose to practice law in those areas as I passed the bar exam, so I decided to give it a try. Almost 19 years later, I am still practicing the same types of law. I often hear about how in divorce cases, no client is entirely happy with the outcome. In criminal cases, unless you get a not guilty, the client is usually not entirely happy with the outcome. But I have found that in my practice, I am able to help people with their problems and, more often than not, I have a happy client leaving my office.

We often take for granted how much a kind word or a compliment can brighten someone’s day. I can’t tell you how much it means for a client to tell me how grateful that they are for my help, or how happy they are to have chosen me to be their attorney. We all want to feel like we are needed, like we are doing something meaningful in this world. An expression of sincere gratitude from a client is worth much more than any fee collected ever could be. I recently got the most thoughtful and sincere expression of thanks that I have ever received from a client, which I want to share here:

This letter from Diane made my day. This is why we practice law. This is why we endure the bad days, the bad lawyer jokes, the misperceptions, the days of wading through mountains of paperwork and the days where you feel like you’ve read so much that your eyesight has gone blurry. Being able to help clients like Diane and hear how we have made a difference in their lives is why we come to work every morning. It may not be the glamourous and adventurous life I envisioned while watching “Perry Mason” re-runs, but knowing that I make a positive impact on people’s lives makes it worth all the effort.


KellyGram – Labor Day – Football Season’s Finally Here!

 

It’s Labor Day Weekend, and I’m sure you have big plans for the days ahead. While there are many fun and exciting activities to choose from, there is one I am most excited about… it’s finally football season!

I must confess, I love every season of the year. Now that I am north of sixty, I’m more appreciative of the privilege that God gives me to wake up every morning and enjoy each day to the fullest! With that being said, I am especially excited during football season!!! I love all kinds of football: Canadian, high school, middle school, college, and professional, but my first love is most definitely college football. It’s no secret that I am a Gamecock fan, and I will be travelling Saturday to Charlotte to watch them take on a very tough opening team, the NC State Wolfpack. Thursday night, in the same stadium, will be the final Panthers exhibition game, and I think it’s fair to say that I am going to be enjoying football season this year like never before. Go Gamecocks! And for those other fans… Go Tigers!


Enjoy your Labor Day weekend!

 

Mike Kelly

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KellyGram – The Eclipse

 

I hope everyone receiving this KellyGram had the opportunity to witness the eclipse. I talked about eclipse safety last week, but now that this historical event is over, I have two major thoughts that I would like to share about Monday’s event of a lifetime.

First, I have to touch on the event as a whole. The entire experience was absolutely spectacular, and exceeded my expectations a million times over. It was phenomenal! Although I try not to preach religion in my KellyGram, I don’t think anyone could witness what I saw during totality and not know in their heart that there is a God responsible for this planet’s existence. The view from the MKLG parking lot was majestic, and a very special memory that I will carry with me for the rest of my life. I was privileged to watch the eclipse unfold with two of my employees, Jamie Smith and Kimberly Smith, plus Jamie’s dog Moby! Secondly, I have to commend how well organized and problem-free things were on both sides of the river, thanks to excellent planning by the authorities. Everything went very smoothly, and I am certain that the out of town visitors got an extremely favorable impression of our city and region. I hope everyone enjoyed the view of this spectacular event.


Have a great weekend!

 

Mike Kelly

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KellyGram – Eclipse Safety

 

I am excited about the international attention that our state’s capital is receiving, as Columbia buzzes with the anticipation of the upcoming eclipse. South Carolina is projected to have an influx of hundreds of thousands of visitors, eager to witness the total solar eclipse, one of nature’s rarest spectacles. While I am personally very excited about experiencing not just the eclipse, but also all of the affiliated activities going on in Columbia on Monday, it is important to remember that safety comes first. This includes not only safely viewing the eclipse, but also coping with traffic, which is expected to be ten times more than a Carolina vs Clemson home game! One of the missions of the Mike Kelly Law Group is to make South Carolina a safer place to live, work and play. Please take extra caution on the road over the next few days, and be vigilant of your surroundings. Most importantly, be prepared. Below are some helpful links for advice on viewing the eclipse safely. Enjoy the eclipse, but please be safe!

https://eclipse2017.nasa.gov/safety


Have a blessed weekend!

 

Mike Kelly

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