These materials may not be reproduced in whole or in part without the express written permission of the individual speaker.

Course #234945 with the Commission on CLE
8 hours total credit, 1 hour ethics credit, 1 hour SA/MH credit and 1 hour towards bankruptcy specialization

Super CLE, February 6, 2023

The information herein is provided for attendees of the Hilton Head Bar Association CLEs and is NOT intended as legal advice from this association or any of its speakers.  Should you need legal advice, please consult with a licensed attorney.

Sam Bauer, Esquire   Bauer & Metro & John Warren, III, Esquire

proportionality_review_in_capital_cases_and_implications_raised_by_our_new_adoption_of_execution_by_firing_squad.pdf
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The Honorable Garrison Hill, Judge, S.C. Court of Appeals

DO'S AND DON'T'S FOR NONJURY PRACTICE
 
  • Don't stand up while your opposing colleague is speaking, or otherwise interrupt him.
 
This may seem a neurotic pet peeve, but I never realized how distracting it was until I became a judge. The physical perspective from the bench causes you to see any movement in the courtroom as something you need to respond to in some way, e.g., the juror having a panic attack, the bailiff drooling in the corner. So, when a second lawyer stands, it takes your attention from the speaker.
 
  • Don't talk while the court reporter is marking your exhibits.
  • Do talk with, befriend, and cajole the court reporter, the clerk, and the bailiffs.
  • Do always identify introduce yourself and who you represent for the record, even if you are certain everyone knows who you are.
  • Unless you have filed a motion to do so and this is the hearing on the motion, don't accuse your opponent of a Rule 11 violation or threaten to seek sanctions.
  • Do submit a memo that shows sustained cognitive effort, proper grammar, and polish. Churchill: "One can be forgiven for almost anything except bad prose."
  • Do bring your client to all substantive hearings.
  • Do use charts and enlarged exhibits.
  • Do concede non-essential points; it builds credibility.
  • Do submit short, bullet point type summaries of your argument to the court at the hearing (not more than 2 pp.).
  • Don't ask the judge if he has read your memo or if he is "familiar with" the case. You may as well ask the judge if he has bathed recently. If he hasn't, he is either illiterate, beyond help, or atrociously overworked; if he has, you have insulted his work ethic.
  • Don't file your motion for TRO or for a preliminary injunction on a Friday.
  • Do emphasize the human side of your case.
  • Do spend time discussing the consequences of the ruling you are seeking.
  • Do focus on the concrete issue you are trying to present.  This takes effort and preparation. It's like packing for a trip–more time, more compact. 
  • Do assume the judge knows the standard for summary judgment.
  • Don't argue after the judge has ruled. You can-and often should-say: "I understand your ruling, but \'-'Ould like to ask for a clarification." If the judge has a problem with that, it's his problem, not yours.
  • Don't file motions to dismiss based on Rule 12(6)(6) unless you have a certain "slam
dunk." They are notorious time-wasters.
  • Break any of these rules before looking like a fool.

Michael Abro, Esquire

​Studies have highlighted the substantial rates of behavioral health problems present in the legal community. One recent study of lawyers found that 28% of participants experienced depression, 20% screened positive for potentially alcohol-dependent drinking, 19% experienced severe anxiety, and 11.5% had experienced suicidal thoughts. Studies conducted during the pandemic have shown that the behavioral health problems in the legal community have been exacerbated by the pandemic. Results of one study conducted during the pandemic indicated that around 1 in 3 lawyers started drinking more over the past 18 months. 34% of female lawyers and 29% of the male lawyers surveyed reported their drinking increased during the pandemic. Women who reported an increase were 7 times more likely to engage in risky drinking, and the men were nearly 4 times more likely. In addition, 25% of women and 17% of men said they have thought about leaving the profession, during the pandemic, due to mental health concerns. During this program, attendees will learn about behavior health problems present in the legal community and will have an opportunity to assess their own stress levels. The presenter will share information related to signs of a potential behavioral health concern. Strategies for addressing these concerns, including mindfulness practices, will be examined. In addition, attendees will learn about educational resources related to mental health, wellness, and self-care to enhance their knowledge of their duties of competence, diligence, and honesty in the practice of law.
 

Kelly Jolley, Esquire

The Biggest Mistakes New Lawyers, and Some Not So New Lawyers, Make
 Not knowing who your client is.
  1. Missing deadlines.
  2. Hiding mistakes.
  3. Assuming you know the rule.
  4. Burning bridges when you didn’t even need to cross the river.
  5. Forgetting the truth.
  6. Forgetting yourself in email.
  7. Underselling yourself in court.
  8. Overselling yourself to client.
  9. Swearing to something you did not see or do.
  10. Representing yourself.
  11. Ignoring the rules of grammar.
  12. Flubbing a quote.
  13. Clocking in and out rather than taking ownership.
  14. Setting client expectations too high.
  15. Setting client qualifications too low.
  16. Abdicating instead of delegating.
  17. Delegating work you cannot do.
  18. Letting clients, staff, or partners hold you hostage.
  19. Taking over a case in the middle without a waiver.
  20. Forgetting to get a waiver.
  21. Discounting services as a sales tactic.
  22. Failing to invest in your own professional development.
  23. Partnering up to reduce expenses.
  24. Making an agreement without putting it in writing.
  25. Eating alone.
  26. Keeping two sets of books.
  27. Forgetting to say no.
  28. Failing to take ownership over your work, your marketing and your life.
  29. Failing to ask for help. 
six_ethics_rules_every_young_lawyer_must_know.pdf
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Stephanie Brinkley, Esquire 

parentage_is_not_childs_play.pdf
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The Honorable Shiva Hodges, Federal Court Judge

effective_writing__hilton_head_bar_feb_2022__hodges.pdf
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Mark Billion, Esquire

1.  Why does bankruptcy matter to you?
2.  What is the point of bankruptcy?
3.  The Bankruptcy Process
4.  ​Who are the Stakeholders?
      The Debtors
      Secured Creditors
      Committees
      Trustees
      Individual Creditors
      Individual Equity Holders
      The Court
5.  What are the Options?  Chapter 7, Chapter 9, Chapter 11, Chapter 13, Chapter 15
6.  ​What is the Process?
7.  Filing
8.  First Day Motions (Maybe)
9.  Marshalling and Right Sizing   Asset Sales/Contract Rejections
10. Meeting of Creditors
11. Claims Solicitations
12. Plan and Confirmation (Maybe)
13.  Structured Dismisal (Maybe)
14.  ​Claims Resolution
15.  What Should You be Doing?
        Critical Vendor Motions
        Retention Plans
        Financing Motions
        Plan Releases
​        Asset Sales
       Special Counsel Retention
       Stay Relief
        Solvency
16.  What Can Go Wrong
17.  The Automatic Stay
       Automatic, Really
      They Mean It
       Ask Permission, Not Forgiveness
18.  Adverse Rulings
       Releases and Equity 2.0
       The Binding Nature of Financing
       Sale Motions
        Appeals and Stays
19.  Claims
       Filing Requirements
       Claims Allowance
        Jurisdictional Issues
20.  Litigation and Preferences
      Nationwide Service of Process
      No wrongdoing required
      Differing Time Periods
      Potentional for Tag Along Claims
      Limited Jury Trials

Michael J. Virzi, Esquire, University of South Carolina School of Law and The Virzi Law Firm

ethics_2022_year_in_review.pdf
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David Lail, Esquire