NEWS/BLOG

Welcome to Our Blog

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 – Congratulations to Shawn Elliott!

 

Congratulations to Shawn Elliott, the new head coach of the Georgia State Panthers. I am proud to call Shawn and his wife, Summer, friends of mine, and I am very happy to see Shawn take the next step up the ladder of success! Growing up in Camden, South Carolina, Shawn sold refreshments in what is now Williams-Brice Stadium while his dad, a South Carolina Highway Patrolman, directed traffic outside. A lifelong Gamecock fan, Shawn played football and coached at Appalachian State University for quite a few years, and when the opportunity came to return to his beloved Gamecocks, he took the job under the HBC as Offensive Line Coach. He was later promoted to Running Game Coordinator, and after Steve Spurrier stepped down in the middle of the 2015 season, Shawn was tapped to be the Interim Head Coach. As always, Shawn performed admirably in the interim role under difficult circumstances with his usual class and positive demeanor. The Georgia State position is the next logical step in the progression for a career which will no doubt earn him a spot in the South Carolina Athletic Hall of Fame one day. Good luck to Shawn, Summer and family! Go Panthers!

Have a great weekend!!

 

Mike Kelly

Facebook
Facebook

 

Twitter
Twitter

 

Website
Website

 

 

 

 

 

This email was sent to *|EMAIL|*why did I get this? unsubscribe from this list update subscription preferences*|LIST:ADDRESSLINE|**|REWARDS|*

 


KellyGram – Women of Distinction

 

The Midlands lost two outstanding leaders recently, Judith Monastra Davis and Cathy Novinger. It is especially noteworthy because both of these individuals were pioneers in Women’s Rights and women holding key positions in our neck of the woods. Both of them became high-level executives in two of the largest corporations in South Carolina, SCANA and Blue Cross, and both gave generously of their time, talent and treasure to the betterment of our community.

Judy and her husband, Jerry, became personal friends of mine, and she served with me on several boards, including the Cultural Councils of Richland and Lexington counties, and the Central Carolina Community Foundation. She was also a part of United Way of the Midlands, the South Carolina Campaign to Prevent Teen Pregnancy, Trinity Housing Cooperation, and many more organizations.

Cathy Novinger was equally accomplished, and served in numerous organizations, including Palmetto Agribusiness Council, Midlands Business Leadership Group, the State Board of Technical and Comprehensive Education, and many more.

I believe that both of these women, if they were with us today, would support my newest effort, WREN, which I have featured in a previous KellyGram. Both Judy and Cathy were awesome examples of women in leadership and philanthropy. They will be sorely missed.

Judith Monastra Davis

Judith Monastra Davis

Cathy Novinger

Have a great weekend!

 

Mike Kelly

Facebook
Facebook

 

Twitter
Twitter

 

Website
Website

 

 

 

 

 

This email was sent to *|EMAIL|*why did I get this? unsubscribe from this list update subscription preferences*|LIST:ADDRESSLINE|**|REWARDS|*

 


Keeping Litigation Civil: The Lawyer’s Duty to the Legal Profession

Jamie Smith

Upon learning that I am a litigation attorney, many of my peers react in a similar manner—some variation on the theme of “…but you’re too nice to be a lawyer.” During my first months of practice, I chalked this reaction up to the various misconceptions and damning stereotypes cast on the legal profession and its members. After all, South Carolina attorneys are bound to the Lawyer’s Oath, under which each of this State’s lawyer’s pledged, to opposing parties and their counsel, “fairness, integrity and civility . . . not only in court, but also in all written and oral communications.” And so, standing firmly by the oath I’d so freshly and solemnly sworn to, I brushed off the comments of my peers and advised them with conviction that I am not too nice to be a lawyer; in fact, being nice is a necessary part of the job.

Today, after just three years of practice, experience has revealed that my vision of what that Civility Oath means to our profession is nothing short of idealistic. While most attorneys I have worked with thus far have been cordial throughout the litigation process, I have encountered my share of unpleasant, and even vicious, interactions with opposing counsel that blatantly violate the Lawyer’s Oath. There are, unfortunately, members of our bar who do not fully grasp the meaning or importance of the Oath so far as civility is concerned.

And So I Find Myself Revisiting the Question: What Is Civility?

Though the language offered by the South Carolina Supreme Court is somewhat vague, recent decisions provide ample guidance to delineate what behavior is expected from attorneys in their communications with opposing counsel, opposing parties, and the court. The South Carolina Supreme Court advises that “[a]ttorneys’ obedience to ethical precepts may require abstention from what in other circumstances might be constitutionally protected speech.”1 The Civility Oath prohibits attorneys from “attacking” one another, requires that we “behave in a civilized and professional manner” while advocating for our clients,2 and mandates that we “temper [our] criticisms in accordance with the professional standards of conduct.”3 In other words, the Lawyer’s Oath serves to ensure that our State’s attorneys abide by the golden rule—treat others as you wish to be treated. And so, while the civility requirement does not necessarily require attorneys to be nice, we are obligated to treat one another with respect and professionalism.

Why Is Civility Necessary in an Adversarial Profession?

A pervasive argument proffered by critics and violators of the civility requirement is that an attorney’s duty to zealously advocate for his clients may require the use of tactics that could amount to incivility; the two duties cannot always be carried out in harmony.4 However, the lawyer’s duty to zealously advocate and his duty to behave civilly can and must be simultaneously accomplished. Our Supreme Court has deemed the requirement that attorneys act with civility the “corresponding obligation” to zealous representation of clients,5 and the South Carolina Rules of Professional Conduct provide that a lawyer’s obligation to zealously advocate must be discharged “while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.”6

That the lawyer’s obligation to pursue a client’s interest effectively and with zeal does not extend beyond the civility requirement sheds light on the incredible importance our courts place on its prescribed standard of attorney conduct. Our Supreme Court reasons that the Civility Oath is necessary to protect the integrity of lawyer-client relationships, to prevent attorneys from engaging in conduct that compromises the integrity of the judicial process, and to promote objective representation.7

Perhaps most importantly, though, the civility requirement protects the attorneys themselves. The legal profession, particularly litigation, is by its very nature adversarial. The constant opposition attorneys face creates stressors unique to this field, resulting in alarming consequences. A recent study funded by the American Bar Association and the Hazelden Betty Ford Foundation shows that lawyers are far more at risk for psychological ailments than non-lawyers. One in five lawyers suffers from a substance abuse problem. Twenty-eight percent of attorneys nationwide suffer from depression, and 19% report symptoms of anxiety.8 Bar members suffer from depression, alcohol and substance abuse, and—in South Carolina—suicide, more so than any other profession in the United States. A recent ABA published survey revealed that practicing as an associate in a law firm is the most miserable job in America.9

The civility requirement is a necessary means to relieve some of the hostility that inevitably exists in the legal profession and to ensure that attorneys treat opposing counsel and parties with respect and professionalism. Removing the disparaging remarks, offensive tactics, and personal attacks from the already stressful conditions inherent to this profession is a step toward bettering these frightening statistics and developing more cordial relationships with the attorneys across the table.

How Can the Civility Oath Better the Legal Profession?

Despite South Carolina’s 2004 introduction of the Civility Oath, the problem of incivility persists, and the 2015–2016 Annual Report of Lawyer Discipline in South Carolina reports that complaints of incivility accounted for 1.62% of reported misconduct.10 Though a seemingly innocuous percentage, personal experience and conversations with other legal practitioners suggest that many instances of incivility go unreported. The concept of turning in a fellow attorney to the Office of Disciplinary Counsel is an uncomfortable one; filing a grievance may give rise to additional conflict, retaliation, or bad blood with an attorney with whom you may work future cases. Moreover, most lawyers already carry a tremendous workload—reporting misconduct and assisting in a subsequent investigation simply lengthens an already overwhelming to-do list. Often, the easiest way to handle incivility may be to ignore it, to shake it off, or to behave in like kind—none of which address the root of the problem.

The Civility Oath provides attorneys with a key to bettering the legal profession, but we must shed the reluctance to use it. Whatever the excuse may be to let incivility slide, failure to take action when attorneys demonstrate egregious or pervasive acts of incivility renders the Civility Oath ineffective. What purpose does the requirement serve if we do not enforce it? As attorneys, we fight to protect the rights of our clients every day; we need expand upon that advocacy to promote the well-being of ourselves and colleagues. If communications with opposing counsel begin to cross the civility threshold, we should remind our counterpart of the civility oath rather than acquiescing or reciprocating with hostility. If a firm reminder that unacceptable behavior carries disciplinary consequences fails to resolve an instance of misconduct, then follow through on enforcing those consequences. To practice law is a privilege, not a right, and in order to maintain that privilege attorneys must behave with dignity and professionalism. Failure to hold our fellow lawyers accountable to that standard constitutes a disservice to legal profession and members of this Bar.

That being said, we as lawyers must also hold ourselves accountable for our own behavior. We must endeavor to uphold the Civility Oath and serve as examples to our colleagues. One can easily lose his temper or lash out when litigation becomes heated. However, when we find our blood beginning to boil, that is the not the time to react; it is the time to step away and regain composure and objectivity. It is imperative that we remain conscientious of the golden rule, and before sending a stinging email or making an angry phone call, take the time to consider whether, if the tables were turned, one could objectively and honestly label the intended communication as professional and civilized. We must remind ourselves that, behind the buffer of letters and emails, the opposition is not faceless—he is a person. Let us stay mindful of the fact that a person has vulnerable days—that a person could be battling a chronic illness, mourning the loss of a loved one, or experiencing marital difficulties. A person might fall within the 28% of attorneys struggling with depression or be at risk of surrendering to substance abuse. Incivility toward an opposing attorney may have more harmful consequences than one might think. Before launching a personal attack or undignified retort, we must consider the troubling statistics that plague the legal profession and acknowledge the importance of upholding the Civility Oath—the necessity of respect and cordiality—in combating the disquieting reality that lawyers, as people, face.

At risk of sounding cliché, attorneys should strive to be the change. In doing so, we must continually and honestly ask ourselves: do my actions fuel the problem or promote the solution? And, above all else, we must recognize that there is only one acceptable answer to that question.
______________________________________________________
1In re Anonymous Member of S.C. Bar, 392 S.C. 328, 709 S.E.2d 633 (2011).
2Id.
3In re White, 391 S.C. 581, 707 S.E.2d 411, reinstatement granted, 393 S.C. 227, 712 S.E.2d 436 (2011).
4Id; David A. Grenardo, Enforcing Civility: Holding Attorneys to a Higher Standard of Conduct, http://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/
39th_conf_session14_enforcing_civility_holding_attorneys_to_a_higher_standard_of_conduct.authcheckdam.pdf , (last visited Nov. 14, 2016).
5In re White at 589, 707 S.E.2d at 415.
6S.C. RULES OF PROF’L CONDUCT r. 407.
7In re Anonymous Member of the S.C. Bar, 392 S.C. at 337, 709 S.E.2d at 638.
8Alexia Elejalde-Ruiz, High rates of alcohol abuse, depression among U.S. attorneys, study says, THE CHI. TRIB. (Feb. 3, 2016, 4:51 PM), http://www.chicagotribune.com/business/ct-lawyers-problem-drinkers-0204-biz-20160203-story.html.
9Mike Etheridge, Lawyers in Search of Soul: A Journey Towards Wholeness, THE A.B.A., http://www.americanbar.org/content/dam/aba/administrative/young_lawyers/ meetings/2015/midyear_meeting/lawyers_journey_toward_wholeness.authcheckdam.pdf (last visited Nov. 13, 2016)
10Annual Report of Lawyer Discipline in South Carolina 2015-2016, http://www.judicial.state.sc.us/disccounsel/CLC2016.pdf (last visited November 14, 2016),


KellyGram – Thanks Be To God

 

The expression “Thanks be to God!” is said every Sunday at the conclusion of our 10:30 am service at St. Martin’s in the Fields Episcopal Church. It is so true all the time, but especially this week. Our tradition in the United States for centuries has been to set aside a national holiday to join family and friends in celebration of all of our blessings. I, for one, have been fortunate to have blessings too numerous to count for these many years. My “Thank You” list is so long that I cannot begin to imagine how life would be without my blessings. While everyone has troubles, some more than others, we can all take a moment, not just on Thanksgiving, but every single day, to thank the good Lord for all the wonderful things He has done for us. So thanks be to God!

Enjoy your holiday!

 

Mike Kelly

Facebook
Facebook

 

Twitter
Twitter

 

Website
Website

 

 

 

 

 

This email was sent to *|EMAIL|*why did I get this? unsubscribe from this list update subscription preferences*|LIST:ADDRESSLINE|**|REWARDS|*

 


KellyGram – Priorities

 

In the last three weeks, two members of the Mike Kelly Law Group family have lost loved ones near and dear to them. Having lost both parents and my wife in the last 8 years, I feel their pain as they grieve over the loss of their family members. My experience has taught me, though, that with tragedy comes opportunity for personal growth. I believe the lessons to be learned are that life is fragile, that our existence on the earth is fleeting, and that we never know when the time will come for us, and those around us, to embark on the next journey. I hope that all of us will remember to refrain from taking life for granted and reach out to our loved ones with a telephone call, visit, handwritten note, or whatever may be special to you, to show them that we care. I encourage you to take the time today to remind someone special just how much they mean to you.

20161110_142101

I wish everyone a safe and enjoyable weekend.

 

Mike Kelly

Facebook
Facebook

 

Twitter
Twitter

 

Website
Website

 

 

 

 

 

This email was sent to *|EMAIL|*why did I get this? unsubscribe from this list update subscription preferences*|LIST:ADDRESSLINE|**|REWARDS|*

 


KellyGram – Veteran’s Day

 

Now that the most divisive presidential election in history has come and gone, it is time to get American citizens united behind our country. One area that both sides can agree on is honoring veterans. Today we have the opportunity to honor those who have used their talents, service and even sacrificed their own lives to preserve and protect our freedom. Our Marketing Coordinator, Hannah Gresham, spent yesterday at the Wm. Jennings Bryan Dorn VA Medical Center thanking our local veterans for their sacrifices and service. The veterans were very thankful for the small gesture. As you go through your day, please take some time to thank and honor any veterans you see.

20161110_142101

May God continue to bless America!

 

Mike Kelly

Facebook
Facebook

 

Twitter
Twitter

 

Website
Website

 

 

 

 

 

This email was sent to *|EMAIL|*why did I get this? unsubscribe from this list update subscription preferences*|LIST:ADDRESSLINE|**|REWARDS|*

 


KellyGram – Reduce the Use!

 

Today, I want to give a shout out to the Brighton Tower HOA (disclaimer – I am board chair). It may be a little self-serving, but it is time for us on the HOA board to toot our own horn. The Brighton Tower is a 21-story high-rise, which features two hundred individually-owned ocean front condominiums with common maintenance and storage areas. The Brighton HOA entered into a partnership with our energy provider, Santee Cooper, to become the flagship for energy efficiency on the South Carolina coast.

By installing energy efficient pumps, LED lighting, and other cost saving measures, we saved $64,000 in energy costs alone in 2015. Santee Cooper and other energy providers in South Carolina have similar programs, and if you are a business or home owner, I urge you take a look at reducing your power bill. Sounds like a plan, doesn’t it! Attached is Santee Cooper’s monograph, featuring their partnership with Brighton Tower.

page-2

Have a great weekend!

 

Mike Kelly

Facebook
Facebook

 

Twitter
Twitter

 

Website
Website

 

 

 

 

 

This email was sent to *|EMAIL|*why did I get this? unsubscribe from this list update subscription preferences*|LIST:ADDRESSLINE|**|REWARDS|*

 


KellyGram – The Ravages of Hurricane Matthew

 

I just spent several days in Myrtle Beach, where we have an office, and while we sustained some damage here in Columbia, it was thankfully very minor. Certain areas on the coast and in the PeeDee were hit very hard, especially the town of Nichols. Large areas of the PeeDee have downed trees and isolated power outages, and the reconstruction process will take some time to get them back on their feet. Dry goods and other items are needed by the victims of Hurricane Matthew. The Mike Kelly Law Group, in conjunction with Gardner Law Firm, are designated drop-off points for any cans and dry goods you wish to donate. Our locations are as follows:

Mike Kelly Law Group – Columbia
500 Taylor Street, Suite 400
Columbia, SC 29201

Mike Kelly Law Group – Myrtle Beach
816 Broadway Street
Myrtle Beach, SC 29577

Gardner Law Firm
2184 W Evans St
Florence, SC 29501

Or you can make a contribution through the American Red Cross.

Together we can make a difference!

 

Mike Kelly

Facebook
Facebook

 

Twitter
Twitter

 

Website
Website

 

 

 

 

 

This email was sent to *|EMAIL|*why did I get this? unsubscribe from this list

KellyGram – It’s Fall, Y’all!

 

Being an AARP card carrying member, I have learned over time that every day and every season of my life are my favorites. I especially love fall in the Carolinas. From the beaches to the mountains, there is something magical in the air. Whether it’s attending a college football game, hanging out at Soda City Farmer’s Market, a round of golf, or a walk on Columbia’s Riverfront parks, it is simply a delightful time to be alive. Please take an opportunity this weekend to enjoy all that Columbia and the Midlands have to offer.

Have a great weekend!

 

Mike Kelly

Facebook
Facebook

 

Twitter
Twitter

 

Website
Website

 

 

 

 

 

This email was sent to *|EMAIL|*why did I get this? unsubscribe from this list

KellyGram – In Gratitude

 

Another October in South Carolina, and yet another catastrophic weather event occurs. Hurricane Matthew blew in Friday night and caused much destruction in our state, as well as in our neighboring states. Fortunately, there was minimal loss of life, at least in South Carolina. Every life is precious, and every life is valued.

My neighborhood was without power for two and a half days, and as I remarked last night to my good friend and neighbor, Dr. Mark Salley, ‘When you lose things you take for granted, such as electricity, you doubly appreciate it when you get it back.” My heartfelt thanks to police officers, first responders, electrical company linemen, EMTs, and all those who made the best of a bad situation here in our state.

A special thanks to Governor Nikki Haley and her staff for a well-planned disaster response!

Have a good weekend!

 

Mike Kelly

Facebook
Facebook

 

Twitter
Twitter

 

Website
Website

 

 

 

 

 

This email was sent to *|EMAIL|*why did I get this? unsubscribe from this list update subscription preferences*|LIST:ADDRESSLINE|**|REWARDS|*

 


Page 40 of 50
1 38 39 40 41 42 50