Constant Legal Education – My Take on South Carolina’s Continuing Legal Education (CLE) Requirements

Law is a constantly evolving field.  A case may be published by the South Carolina Court of Appeals, South Carolina Supreme Court, or other such court, that can have a huge and immediate impact on how a particular law, theory, or other such matter is interpreted by lower South Carolina Courts. In my opinion, an attorney can also gain enormous knowledge and potential legal and/or case theories that can be applied in current cases by paying attention to theories that other lawyers may have tried/argued.

The South Carolina Supreme Court requires that lawyers continue their education beyond law school and the Bar Examination (a three-day ordeal at the time I took it), by attending and/or participating in a certain amount of annual Continuing Legal Education.

I invest a significant amount of time trying to stay as current as possible in the areas of law that I practice in, and I also occasionally “jump” outside of these areas when I feel that an area of law or seminar may simply interest me or give me more insight into an area that I practice in. My goal is to learn at least one (1) new thing at each CLE (Continuing Legal Education) that I can apply to my practice, with the hope that it will make me a better advocate and counselor for my current and future clients.

CLE requirements are generally completed in a reporting period that the Supreme Court has designated.  In the 2011 reporting period (since March 1, 2011), as of today (January 22, 2012), I have attended and/or participated in the following CLEs:

-Training for Attorneys Subject to Appointments in Abuse and Neglect Cases – 14th Circuit;

-2011 Ethics Update/Trust Accounting and Financial Record Keeping in South Carolina;

-Social Security Disability;

-What Family Court Judges Want You to Know (one of the speakers at this event was Judge Peter Fuge, a Family Court Judge from Beaufort County in the 14th Judicial Circuit);

-Litigating the Uninsured and Underinsured Motorist Claim;

-Plaintiff’s Guide to Dog Bite Litigation;

-Effective Discovery Motions and Tactics 101;

-SSI v. SSDI: Benefits and Eligibility;

-Bankruptcy in Divorce;

-Hospital/Medical Liens in Injury Settlements;

-Substance Abuse and Other Addictions in the Legal Profession.

Added together (the CLEs are not all “worth” the same credit-wise), these credits were more than double what is required by the South Carolina Supreme Court for the current reporting period.  I am also currently enrolled to participate on January 27, 2012, in a live six (6) hour Guardian ad Litem update in Columbia, South Carolina, so that I may continue to act as a Guardian ad Litem for minor children in South Carolina Family Courts for another year without waiver from a Family Court Judge.

While these CLEs are often expensive and time-consuming, I truly believe in the process, and I believe that it is important to my clients to know that I make the investment in a constant education.

This article was written by Dustin Lee, Esquire, a South Carolina licensed attorney.

If you would like to speak with an attorney from our firm concerning your legal matter, please call us at (843) 474-0614 or toll free at (800) 996-0683. We would be honored to speak with you.

Lee Law Firm, LLC is a South Carolina based law firm that advocates for and counsels clients throughout South Carolina and its Low Country, primarily in Beaufort and Jasper counties (including Hilton Head Island, Bluffton, Daufuskie Island, Ridgeland, Callawassie Island, Okatie, Hardeeville, and Beaufort).

What are the Grounds for Divorce in South Carolina? A brief examination of S.C. Code Ann. Section 20-3-10.

Family law has traditionally been governed almost entirely by individual state law (as opposed to federal law).  For purposes of this entry, this means that one state may “allow” a certain ground for divorce, but another, such as South Carolina, may not allow one to file for divorce utilizing that ground, and vice a versa.

South Carolina law sets forth via statute (a law that the South Carolina legislature has created that can actually be found “on the books”) that there are five (5) distinct grounds for seeking divorce in South Carolina.

South Carolina Code Ann. Section 20-3-10 is entitled “Grounds for Divorce” and is written as follows (as of January 7, 2012):

“No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit:

  1. Adultery;

  2. Desertion for a period of one year;

  3. Physical cruelty;

  4. Habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or

  5. On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year.  A plea of res judicata or of recrimination with respect to any provision of this section shall not be a bar to either party obtaining a divorce on this ground.”

Numbers one (1) through four (4), respectively, are generally considered fault-based grounds for divorce in South Carolina, while number five (5) is generally considered a no-fault ground for divorce in South Carolina.  While the statute setting forth grounds for divorce may seems simple enough upon first glance, there is a plethora (quite a bit) of “Judge made” case-law discussing what each ground means and what is needed to actually prove each and every one of these grounds, including the burden of proof the person alleging the ground has to overcome.  Speaking with a licensed South Carolina lawyer who practices in family law and divorce is often the best way to match specific facts of a situation with possible grounds for divorce.

If you would like to speak with an attorney from our firm concerning your divorce matter or other family law matter, please call us at (843) 474-0614 or toll free at (800) 996-0683. We would be honored to speak with you.

Lee Law Firm, LLC is a South Carolina based law firm that advocates for and counsels clients throughout South Carolina and its Low Country, primarily in Beaufort and Jasper counties (including Hilton Head Island, Bluffton, Daufuskie Island, Ridgeland, Callawassie Island, Okatie, Hardeeville, and Beaufort).

S.C. Code Ann. Section 20-3-30 – A Discussion on How Long One Must Live in South Carolina Before Filing for Divorce

The South Carolina Family Court is a court of limited jurisdiction.  In simple terms, this means that the Family Court can only hear certain types of cases. One of the most common questions an attorney practicing in the area of divorce in South Carolina is asked is, “How long do I have to live in South Carolina before I can file for divorce?”

South Carolina has a statute (this posting has the correct statute as of January 1, 2012) “directly on point” located at S.C. Code Ann. Section 20-3-30 that tells the Courts, attorneys, and parties how long one must live in South Carolina to file for a divorce.

Section 20-3-30 is entitled “Residence Requirement” and sets forth:

“In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action. The terms ‘residents’ or ‘resided’ as used in this section as it applies to a plaintiff or defendant stationed in this State on active duty military service means a continuous presence in this State for the period required regardless of intent to permanently remain in South Carolina.”

The Plaintiff is generally the one who files the lawsuit seeking relief (the Court’s help), with the Defendant being the one served with the lawsuit.  As an example, if you were to hire this firm to file an action for divorce against your spouse in South Carolina, if no action had already been filed for divorce from this spouse we would draft paperwork setting forth that you are the Plaintiff.  The Defendant listed in the paperwork would be your spouse.

Though the statute may seem a bit long and complicated, at heart it sets forth that:

Before a party may file an action for divorce in South Carolina,

1) At least one of the parties (you or your spouse) must have been a resident of South Carolina for at least one (1) year,

or

2) Both spouses must have resided in South Carolina for at least three (3) months.

The final sentence of S.C. Code Ann. Section 20-3-30 refers to active duty military service members, and directs how the time periods apply to these persons.

It is vitally important to remember that just because the Family Court has jurisdiction over divorce, it may not have jurisdiction over your child custody case and/or other issues (such as certain property).  This is confusing for those who do not practice frequently in this area of law, let alone general members of the public.  Before filing any case, it is important to ensure that the Court will in fact be able to “adjudicate” (hear) all of the issues that you wish for the Family Court to decide. Also, venue, another legal concept, may come into play.  In its simplest terms, venue asks/determines, where should the Court hearing or hearings actually take place, literally (as in Beaufort County Family Court located on Ribaut Road in Beaufort, South Carolina; at the Jasper County Family Court located in Ridgeland, South Carolina on Russell Street; or at some other courthouse)?  Venue is often the subject of complex motions and argument, and therefore is well beyond the scope of this posting.

If you would like to speak with an attorney from our firm concerning your family law matter, please call us at (843) 474-0614 or toll free at (800) 996-0683.  We would be honored to speak with you.

Lee Law Firm, LLC is a South Carolina based law firm that advocates for and counsels clients throughout South Carolina and its Low Country, primarily in Beaufort and Jasper counties (including Hilton Head Island, Bluffton, Daufuskie Island, Ridgeland, Callawassie Island, Okatie, Hardeeville, and Beaufort).

Food for Thought When Purchasing South Carolina Car Insurance Coverage – Underinsured and Underinsured Motorist Coverage

I recently spoke with a high school friend that I had not seen in what seemed to be several months.  This person indicated that she had been in a serious vehicular accident in South Carolina, and had just returned to work recently.  When I asked if she was getting back to full health and recovery, her response was something to the effect of, “Yes, but I am extremely thankful that I paid for extra underinsured motorist coverage.  The air transport ride was about $30,000 alone.”

In South Carolina, as of this writing (January 2012), a South Carolina driver must carry what is commonly referred to as 25/50/25 liability coverage.  Though a slight oversimplification, if one is hit by a driver with 25/50/25 liability coverage, if the other party is negligent and at-fault, this person would have up to $25,000.00 worth of insurance coverage to contribute to your medical bills and other non-property damage, up to a maximum of $50,000.00 for everyone in the vehicle, and up to $25,000.00 to pay for property damage.  Using “guesses” based on the above facts, suppose my friend had incurred $30,000.00 for the air transport in damages and $55,000.00 in medical bills, without counting missed work (lost wages) for two months, pain and suffering, and other such potentially recoverable damages.  My friend would already be beyond the at-fault driver’s coverage by $60,000.00, that she would still be responsible to her medical providers for.  My friend could continue to “go after” the at-fault driver for his or her personal assets, but many people in this economy have little that can be obtained in a lawsuit after any legal exemptions are taken.  Fortunately, there are two (2) types of vehicle insurance that one can purchase in South Carolina to protect oneself from drivers only maintaining minimum coverage.

In South Carolina, insurers offer what is called underinsured motorist coverage.  When you are buying your policy, the insurer will make a meaningful offer to see if you wish to purchase this coverage for your own benefit. Suppose you carry 100/300/100 liability limits on your vehicle, such that you would have coverage should you be at fault for up to $100,000.00 in damages to one person in the hit vehicle, totaling up to $300,000.00 for all occupants, and up to $100,000.00 in property damages.  You could purchase underinsured coverage generally up to your liability amounts/limits.  If you had $100,000.00 in underinsured motorist coverage for one person and were the only one in the vehicle hit by the driver with South Carolina minimum coverage liability only, you would then potentially be able to turn to your own carrier seeking coverage for your damages greater than the at-fault driver’s coverage.

Before running out and buying more underinsured motorist coverage, it is also beneficial to briefly examine and remember uninsured motorist coverage, which must also be offered to South Carolina drivers.  Many drivers believe that since one is generally required to have liability insurance in South Carolina, that they are safe and at least will have some coverage. Uninsured motorist coverage usually applies in South Carolina when the other person has no coverage, so that they are maintaining less than that required by law, or when that driver is from a state other than South Carolina that allows lower minimum liability limits, such that the at-fault driver has insurance, but it is coverage like 15/20/15 or some other figure that is less than that required in South Carolina.  This is also the coverage that generally applies when you are hit or run off the road by a phantom driver that causes damage and then speeds off, never to be seen again.  In these circumstances, the at-fault driver may be unknown, have little to no assets, or otherwise be unable to satisfy a personal judgment beyond his or her insurance coverage.  Purchasing this coverage may be a small price to pay to ensure that you and your family are more financially protected “in case” of disaster. South Carolina’s economy is supported in large part by tourism, and out-of-state driver’s are often not as familiar with local roads as someone who lives in the community – if that driver has minimum liability coverage in his or her state that is less than South Carolina’s 25/50/25, your uninsured motorist coverage is key.

There is also a concept in South Carolina insurance law called “stacking” that is far beyond this posting.  Stacking may also be available to increase your available coverage should you be injured in a vehicular accident in South Carolina.

Spending the extra money now to insure yourself may end up saving you a lot more in the long run, and may greatly increase the amount that you are able to recover should you become involved in an accident. Please choose your coverage wisely.

There can be many additional benefits to purchasing underinsured motorist and uninsured motorist coverage, such as potential coverage while you are riding your bike or walking down the street and are hit by a vehicle, that are not touched upon in this article that may apply to your situation.  This article is not meant to be construed as legal advice, nor is it meant to cover every situation by any means.  You should consult with an attorney to discuss the facts and circumstances of your particular case.

If you would like to speak with an attorney from our firm concerning your South Carolina vehicle accident, we would be honored to speak with you.  We offer a free initial consultation for those injured by an at-fault driver while traveling on South Carolina’s roads, and can be reached at (843) 474-0614 or toll-free at (800) 996-0683.

Lee Law Firm, LLC is a South Carolina based law firm that advocates for and counsels clients throughout South Carolina and its Low Country, primarily in Beaufort and Jasper counties (including Hilton Head Island, Bluffton, Daufuskie Island, Ridgeland, Callawassie Island, Okatie, Hardeeville, and Beaufort).