South Carolina Lawyers Weekly January 2023

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CONTENTS

COVER STORY: CAROLINA CONFLUENCE p5 | The addition of ‘big law’ and national firms opening in the Carolina has fueled growth in the legal industry

LETTER FROM THE EDITOR p3 | Welcome to the new South Carolina Lawyers Weekly

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DOG DAY IN COURT p8 | Service dogs play a vital role in reducing anxiety

COMING FULL CIRCLE p12 | From humble beginnings to South Carolina’s top attorney, Adair Ford Boroughs has overcome obstacles

5 QUESTIONS WITH p27 | Doug Kim dishes on all things intellectual property

CAROLINA PARALEGAL NEWS p21 | ‘A Total Wow Moment’ p22 | Overheard At The Water Cooler’ p24 | Q&A: Mckela Simon p25 | Q&A: Cassandra Furtick LAWYERS IN THE NEWS p17 | A roundup of personnel news at North Carolina firms VERDICTS & SETTLEMENTS p19 | The latest results on South Carolina legal action

A new-look South Carolina Lawyers Weekly

Welcome to the new-look South Carolina Lawyers Weekly.

You might have heard (or read) about the relaunch of your trusted source for legal industry news. I’m proud to unveil it here, in the following pages.

The reimagined magazine-style format allows for crisper design and more space to dig deeper into issues and trends that affect legal professionals across South Carolina. You’ll notice an example of this in reporter Haviland Stewart’s cover story about the increase in law firms in the Carolinas.

Legal life is more about litigation and poring over rulings in preparation for a case. Lawyers have lives. That is evident from Stewart’s feature on Adair Ford Boroughs, who has risen from a humble background to occupy the top attorney spot in South Carolina.

We also like to explore unique stories making a difference in the legal industry. Such an example is Stewart’s feature on Courthouse Dogs, which provides professionally trained canines in prosecutor’s offices, child advocacy centers and family courts.

Each issue will also feature a Q&A with a notable attorney. In this issue, it’s Doug Kim, an intellectual patent attorney with Kim Lahey & Killough Law Firm based in Greenville,

who also chairs the Innovation and Intellectual Property Committee for the South Carolina Bar Association.

Rest assured, you’ll also find verdicts and settlements here, just like in prior versions of SCLW.

This evolution isn’t limited to our print edition. We’ve increased the urgency of our digital offerings, with enhanced e-newsletter features and prioritized coverage. Opinions also will take a new life online.

All of these changes are with you, our readers, in mind.

We’re always interested to hear what you think. Feel free to drop me a line about the changes: what you like, what you don’t, how we can be better.

Welcome to a new era of legal industry journalism.

Jason Thomas is the interim editor of South Carolina Lawyers Weekly. Reach him via email at jthomas@scbiznews.com.

Explore our archives of stories and case digests to find that decision you remember. Get copies of the full-text opinions you need. Research verdicts and settlements to compare what your case is worth or to see what experts have been used. It’s all part of your subscription.

CAROLINA CONFLUENCE

B y h aviland s tewart hstewart @ nclawyersweekly com

Behind the rise of law firms — big and small — opening up shop across the Carolinas

Alan Woodlief, interim dean, and professor of law at Elon University School of Law, has seen the growth of the legal industry in the Carolinas firsthand.

The reason behind the growth? The addition of “big law,” and national firms setting up firms in the Carolinas, he says.

Numbers from bar associations in both states seem to support his view.

According to the South Carolina and North Carolina Bar Associations, bar membership has been increasing over the past six years. In 2016 the South Carolina Bar reported having 439 new admittees, and the North Carolina Bar reported having 548 new admittees. This is contrasted by the substantial growth reported in 2021

when the South Carolina Bar recorded 550 new admittees, and the North Carolina Bar recorded 911 new admittees.

“I’ve noticed just by hearing names popping up more and more that we’ve had a good number of national law firms come into the state, in particular Charlotte and Raleigh,” Woodlief said.

Some of the most influential additions to the “big law” scene in the Carolinas include Womble Bond Dickenson, and Offit Kurman. In 2017, Womble Bond Dickenson was found-

ed in Winston-Salem, following a merger between UK-based Bond Dickinson and U.S.-based Womble Carlyle Sandridge & Rice. The firm now has 23 locations in the U.S. alone, with 35% of their U.S. locations in the Carolinas. Offit Kurman, a national law firm opened a Charlotte office in 2019, since then the firm has also opened offices in Greensboro, Rock Hill, and Spartanburg.

While there are many national firms from across the country expanding into the Carolinas, there are some that have been operating here for over a century.

Large Carolina firm, Parker Poe was founded in Charlotte in 1884, they now have six offices in the Carolinas.

Alan Woodlief

The national law firm, McGuire Woods, was founded in Charlotte in 1922. They now have 21 locations globally, two of which are in North Carolina. Currently one of the largest law firms in the Carolinas, Moore & Van Allen was founded in Charlotte in 1945. Moore & Van Allen now consists of nearly 400 attorneys with offices in North and South Carolina. One of South Carolinas largest firms, Nexsen Pruet was founded in 1945 in Columbia. Nexsen Pruet now has nine offices, nationally, eight of which are in the Carolinas.

Whether moving to or expanding within the Carolinas, the number of attorneys at Carolina firms is increasing.

In the past few months alone, North Carolina and South Carolina Lawyers Weekly have reported the addition of staff to many firms in the Carolinas including Young Moore, Womble Bond Dickenson, Riddle and Brantley, Gordon and Rees, Fisher Phillips, Ellis and Winters, and Morgan and Morgan.

Partner from growing firm, Womble Bond and Dickenson, Clark Goodman, believes that Charlotte’s growth has made it imperative for firms with a strong presence in the Carolinas to have an office in Charlotte.

While the law industry in Charlotte is growing rapidly, this trend is not unique to law, but rather coincides with the recent increase in big businesses, infrastructure, and population in the city. In fact, according to a recent study conducted by the University of North Carolina’s Kenan-Flagler Business School, Charlotte has been named the 8th fastest-growing city in the

nation.

“The recent acceleration in Charlotte’s growth has increasingly attracted national and international law firms without an existing presence in the region,” Goodman said. “A Charlotte office allows these firms to serve Charlotte’s substantial financial services sector and its growing population of Fortune 1000 companies in high-growth sectors such as manufacturing and technology. Charlotte’s combination of urban amenities and lifestyle advantages over larger, more expensive markets also makes the city an attractive base from which to serve national clients.”

According to data from multiple North Carolina and South Carolinabased law schools, this recent growth in the law field can be seen throughout university statistics. Larry Cunningham, provost, dean, and professor of law at Charleston School of Law, has seen this expansion translated into an uptick in applications and interest in Charleston School of Law. This trend is mirrored by application statistics at Elon University School of Law as well.

“We reached that low watermark in 2014 with 599 applications,” Woodlief said. “Now we’re regularly over 900 applications and have been over 1000 applications.”

After attending law school in the Carolinas, it is common for many students – even those who came from different states – to stay in the Carolinas to begin their professional careers. According to April Giancola, assistant dean of Career and Professional Development at Campbell Law School, over the past four years, they have seen about 77% of students stay in North Carolina after graduating from Campbell.

Aside from many recent law graduates choosing to stay in the Carolinas, Bar Association statistics show that they are successfully landing jobs as well. According to Rob Birrenkott, assistant dean of Career Development at Carolina Law, the

American Bar Association reported that three out of the top 10 law schools with the highest legal employment percentage 10 months post-graduation in the nation were located in North Carolina.

While there has been steady growth in the law field in the Carolinas since 2016, the year with the largest increase of bar association memberships was between 2020 to 2021.

Much of this change can be linked to the effect that the COVID-19 virus had on professional life, resulting in many professionals working from home.

“The fact that so many legal employers would now be comfortable with remote work is something that you really wouldn’t have anticipated before the pandemic,” Birrenkott said. “Afterwards, it’s certainly something that has shifted and changed. A lot of legal players are still comfortable with employees working in a remote capacity. When the pandemic originally hit, we thought there was going to be a reduction in hiring. We were really prepared for the worst regarding what’s going to happen to all our grads, but what’s resulted has been a demand for legal services and the demand for legal hiring.”

After the onset of COVID-19 in 2020, many people began working remotely, giving many professionals the opportunity to move to places different from where their jobs were located, undoubtedly contributing to the growing populations in North Carolina and South Carolina.

Between the 2020 and 2021 census, the North Carolina population increased by 112,000 people – 1.1%. In the same time period, South Carolina

Clark Goodman

Rob Birrenkott

recorded a total population growth of 72,280 – a 1.4% increase from 2020. With this growing population comes new and growing businesses as well as the need for more attorneys.

“Earlier this year, Business Facilities Magazine and CNBC ranked North Carolina as the top state in the country for business,” Goodman said. “The Carolinas’ inherent business advantages and commitment to investment

in economic development will fuel continued growth. With the arrival of new businesses and the workforce that supports them, the demand for local legal services will also continue to grow.”

Another contributing factor to the increased law activity in the Carolinas can be linked to the implementation of the Uniform Bar Exam in 2017. The Uniform Bar Exam consists of 36 states including North Carolina and South Carolina, allowing attorneys to

take the score they earned in one state and transfer it to any of the states involved. As a result, the law world has experienced significantly more mobility among lawyers that did not exist prior to this change.

“I just think North Carolina is a really fantastic legal market because you’ve got such a diverse and strong economy,” Birrenkott said. “You’ve got a combination of a really strong talent pool with great law schools as well.”

City councilman, former state official remembered

Business and community leaders in South Carolina are mourning the recent loss of Columbia City Councilman and former state Secretary of Commerce Joe E. Taylor Jr. , considered a leader and visionary for his work both in the Columbia area and statewide.

Taylor, 64, died unexpectedly on Dec. 29. His funeral service was held Thursday, Jan. 5, at First Presbyterian Church in downtown Columbia.

A native of Columbia, Taylor has received accolades for his role in the state’s economic growth. During his tenure as commerce secretary under Gov. Mark Sanford, he was credited with leading the team that spearheaded efforts to attract Boeing to North Charleston in 2009.

Taylor was elected to represent District 4 on the council in 2021 to take over a seat formerly occupied by Mayor Daniel Rickenmann. In his role as councilman, Taylor quickly became known as a fierce advocate for businesses and

city residents, working both to make it easier for businesses to flourish and to reduce crime and other problems. He was chairman of the economic and community development committee and also served on the public safety and administrative policy committees.

In a statement, Rickenmann mourned the loss of the man he called a friend as well as a colleague.

“Columbia has lost one of her biggest advocates, one of my best friends,” Rickenmann said. “Joe was a giant in our community. I can think of no person who cared more about Columbia, the Midlands or South Carolina than Joe. He led with his heart and passion to help others.”

Carl Blackstone, president and CEO of the Columbia Chamber of Commerce, said Taylor cared deeply about improving life in general in the city he called home.

“His impact will be felt in Columbia for decades to come,” Blackstone said in a statement.

A keen instinct for business came early for Taylor. While still a student at Wofford College in Spartanburg, he founded Southland Log Homes with his late father and later became the company’s president and CEO. Southland went on to become the

largest producer of pre-cut log buildings in North America. He sold the company in 2005.

His years in state leadership started in 2003 when Sanford appointed him chairman of the S.C. Jobs Economic Development Authority. He served as secretary of commerce from 2006 until 2011.

After leaving state government, Taylor worked primarily in real estate development and private equity, among many other ventures.

Taylor made an impact across the river in West Columbia as well, starting in 2014 when he founded his private equity venture, Southland Capital Partners, with offices on State Street.

In an interview with SC Biz News, West Columbia Mayor Tem Miles said Taylor’s selection of State Street as home for his offices helped to jumpstart the commercial and residential redevelopment of the entire Meeting Street area. He also credits Taylor with helping the city redo its zoning codes to bring in further development, including the St. Anns Alley residential community.

“He was very passionate about what West Columbia could be and was willing to put his time and efforts into trying to get it there,” Miles said.

Joe E. Taylor

B y C hristina K nauss • cknauss@scbiznews.com

COURTHOUSE CANINES

Courthouse facility dogs play a vital role in reducing anxiety, providing comfort for traumatized witnesses

In 2016, in Anderson County, S.C., an eyewitness to murder and attempted murder was preparing to take the stand for The State of South Carolina vs. Robert Frost.

According to attorney Chelsey Hucker, the witness was incredibly anxious and unsure if she would be able to testify.

Enter Roma, a courthouse facility dog that gave the witness the capacity to testify by joining her on the witness stand.

“I got to see this witness go from ‘I cannot, I cannot do it,’ to testifying

with Roma under the witness stand, and really making that case,” Hucker said. “We ultimately ended up with a conviction, and that alone is a huge impact.”

Often, witnesses and victims are forced to relive trauma when they describe a traumatic event during a trial. This can cause witnesses to experience physiologic responses which can impact their ability to speak. If the witness cannot testify, the jury is deprived of information that could be critical to the evaluation of the defendant’s guilt or inno-

cence. This is where courthouse facility dogs enter the picture. They are professionally trained canines working across the globe in prosecutor’s offices, child advocacy centers and family courts. They primarily provide a calming presence and emotional support for children and vulnerable individuals during traumatic legal proceedings. As legally neutral companions for witnesses during the investigation and prosecution of crimes, these

B y h aviland s tewart • hstewart @ nclawyersweekly com

Jeeter gets a hug while in court. Photo/Chelsey Hucker

Roma gets some love in the courtroom. Photo/Chelsey Hucker

Continued From Page 8 FEATURE

dogs help witnesses feel willing and able to testify.

O’Neill Stephens founded Courthouse Dogs in 2003 after seeing firsthand the importance of incorporating dogs into investigations and prosecutions to provide emotional support – especially to children and vulnerable individuals.

Over the years, the program has made great strides across the globe. As of August 2022, there were 295 dogs working the U.S. as well as additional dogs in Canada, Australia, Argentina, Japan, New Zealand, and parts of Europe.

Eight of these dogs are located in the Carolinas. With five facility dogs stationed in North Carolina and three in South Carolina, Courthouse Dogs has permanently altered the court system through advocating for the importance of emotional support during the judicial process.

“At the beginning of an investigation, especially in a forensic interview, kids have to leave their parent and have a perfect stranger ask them

questions about [a traumatic event],”

Ellen O’Neill-Stephens, founder of Courthouse Dogs, said. “A lot of these kids clam up, and when they clam up the police don’t have the evidence they need. There’s no way to move forward with the case easily if the child isn’t cooperating.”

Roma, the 9-year-old Labrador golden retriever mix has worked as a facility dog for the South Carolina court system since she was 2 years old. Roma’s handler, Hucker is a South Carolina attorney and the executive director of a child advocacy and sexual trauma center.

Hucker became involved in Courthouse Dogs in 2014 when she was working for the Anderson County Solicitor’s Office after her boss became interested in introducing this program to their district. As an avid dog lover, but not owner at the time, Hucker met the criteria to train to be a handler.

In 2016, Roma became the first facility dog in South Carolina.

What started as one facility dog at a prosecutor’s office in Seattle has become an international corporation

with the goal of providing emotional support and reducing trauma for witnesses and victims throughout the judicial process.

O’Neill-Stephens, founder and policy director of Courthouse Dogs served as a prosecuting attorney in Seattle for 26 years, until retiring in 2011. She began her experience with assistance dogs when her son, Sean Stephens, who had cerebral palsy, got a service dog after he graduated high school.

One day when Stephens was unable to have his dog, Jeeter, with him, O’Neill-Stephens brought Jeeter to work with her in Juvenile Drug Court, unaware of the hugely positive impact that he would have on the kids in court that day.

that was a big success.”

Jeeter went on to accompany the sisters into King County Superior Court during competency hearings and trial testimony as the first courthouse dog.

While O’Neill-Stephens didn’t want to regularly take Jeeter into work and away from Stephens, she recognized the need for dog-provided emotional support in the courtroom.

O’Neill-Stephens proceeded to request dogs from assistance organizations to be placed as fulltime courthouse dogs. In 2004 Canine Companions for Independence became the first assistance dog organization to place Labrador golden retriever mix, Ellie, in a prosecutor’s office.

Jeeter died in January 2011 at the age of 10, after years of being a companion to Stephens and a source of comfort to those he worked with at the courthouse.

Stephens unexpectedly passed

away in February 2021 at the age of 38. Stephens and Jeeter were the inspiration for the Courthouse Dogs program.

Following years of steady growth, and the addition of Executive Director, Celeste Walsen, a veterinarian, to the leadership team in 2008, Courthouse Dogs was established as a nonprofit in 2012.

The program has many goals for the future of dog-provided emotional support in the courtroom, including making facility dogs more widely accessible to provide care to those in need.

“I would love to see legislation on a state and federal level,” Hucker said. “Some states already have courthouse dog legislation – Alabama has excellent legislation. There are certain states that provide better statutes for Victim Services than others. South Carolina does not provide a lot of victim support through statutes, and it would make it much easier for people to get facility dogs, like Roma, if they knew that by statute, they

would be able to use them. If we had that legislation, it would be incredible.”

Despite proven benefits, due to the lack of legislation, many vulnerable witnesses and victims are unable to experience the comfort of having a facility dog present during court proceedings.

According to O’Neil-Stephens, a scientific study was conducted in Norfolk, Va., on the effect that a dog’s presence has on the cortisol and oxytocin levels in children. They ran two tests, one with and without the dog present. When the dog was present, it was seated on a loveseat with the child and placed its head on the child’s lap.

“They found when the dog was present, the cortisol levels went down and the oxytocin levels went up and it was much easier for the kids to talk about [traumatic events] while they were petting the dog,” O’Neil-Stephens said.

Sean Stephens and his service dog, Jeeter, share a tender moment. Photo/Chelsey Hucker

According to O’Neil-Stephens, the American Academy of Pediatrics issued a policy statement in 2017 stating that testifying in court qualifies as an adverse childhood experience, which has been found to impair brain development in children and can be linked to chronic health problems and substance misuse in adulthood.

For the presence of a dog to provide constant comfort to witnesses and victims in a courtroom setting, they require specific and in-depth training.

Prior to the hearing, the presence of a facility dog must be addressed in a pretrial motion. The judge and defense counsel observe the dog’s behavior during this time, and the judge will decide if the facility dog is allowed to be present during the trial.

During testimony and trials with a jury present, the presence of the dog

must remain concealed due to the concern that jurors may feel more empathy toward the witness if they were aware of the dog. Facility dogs making any noise while on the witness stand would alert the jury to the presence of a dog and could result in a mistrial.

Training for facility dogs begins at birth. Even while nursing, the newborn puppies are exposed to the sounds of fire alarms, police sirens, and clattering noises, so they can learn at a young age not to be bothered by auditory stimulus and have less fear of unexpected noises.

“We’ve got to have dogs that can deal with chaos, unexpected things, riding up and down the elevator, people reaching out at them, and just be cool with that, and just lie there and be completely comfortable,” O’NeillStephens said.

Training for courthouse dogs lasts about two years and ensures that dogs will be able to go undetected during trials and provide everyone

they meet with love and comfort.

When they complete their training, dogs are placed with a legal professional, commonly victim advocates, or forensic interviewers, who can bring the dog with them to the courthouse every day. Each handler receives about a 2-week-long training to be qualified to house, care for, and continue daily training for their courthouse dog.

Most dogs work and engage with people for at least 20 hours a week. Aside from scheduled play time, when they are working but not actively with a victim or witness, dogs rest in their handler’s office.

According to O’Neill-Stephens, Courthouse Dog’s facility dogs play a vital role in ameliorating the trauma people feel during investigations and prosecutions.

“Justice isn’t just about convicting the guilty, but also protecting victims and vulnerable individuals from being further traumatized by the legal process,” O’Neill-Stephens said.

South Carolina breaks economic record in 2022

The South Carolina Department of Commerce has released its 2022 industry recruitment overview, which reflected historic economic activity for the state.

From January to December 2022, the state announced total capital investment of $10.27 billion, the single largest year in the state’s history. That investment represents 120 projects and the creation of more than 14,0000 new jobs, according to the report.

“It’s no accident or surprise that South Carolina is breaking economic development records,” Gov. Henry McMaster said in the release. “We have consistently proven that our people are among the most talented and hard-working in the world, that we’re

committed to fostering a competitive business-friendly environment, and that there is no better place to live, work, and raise a family. These historic achievements are a direct result of the South Carolinians who make our state great and understand the value of hard work.”

Industry recruitment increased in several categories last year.

The record-breaking capital investment of more than $10 billion reflects a 118% increase over 2017 and announced investments in rural South Carolina in 2022 increased 30% over 2017, according to the report.

The year’s top three capital investments in the state that were announced in 2022 include Redwood

Materials’ $3.5 billion investment, BMW manufacturing’s $1.7 billion investment, and Envision AESC’s $810 million investment.

Domestic and international companies are finding success in South Carolina. While domestic-based companies represented most of the announced investments, accounting for 60.1% of all incoming capital, the overall foreign direct investment in 2022 increased 371% over 2021, according to the report.

“South Carolina’s 2022 industry recruitment is not only one for the record books, but it also reinforces that our state is leading this transformational time in business,” said Secretary of Commerce Harry M. Lightsey III.

B y K rys M erry M an • kmerryman @ scbiznews com

COMING FULL CIRCLE

B y h aviland s tewart • hstewart @ nclawyersweekly . com

Growing up in a double wide trailer in the small town of Williston, S.C., Adair Ford Boroughs could be frequently seen with her nose in a book or proudly toting her clarinet as she paraded in her small-school marching band. She could have never imagined all that her future would hold.

On July 26, 2022, Boroughs was sworn in as U.S. Attorney for the District of South Carolina after being nominated by President Joe Biden on

June 3, 2022.

“It is the most exciting thing for me to be back at the Department [of Justice],” Boroughs said. “It is where I started my legal career, it’s where I learned the practice of law, and where I learned what it meant to do justice in the name of the United States.”

Justice to Boroughs means increasing diversity and inclusion efforts. Based on her experiences growing up in a low-income family, Boroughs has

experienced the effect of not having academic and professional opportunities available to her firsthand. Now as U.S. Attorney Boroughs has the ability to effect change that will benefit those born into similar situations.

“We need diversity in leadership because of those blind spots,” Boroughs said. “Everybody has them – I have them – and having diversity in all kinds of ways, not just the tradi-

From humble beginnings, Adair Ford Boroughs has risen to occupy the top attorney spot in South Carolina

On July 26, 2022, Williston, S.C., native Adair Ford Boroughs was sworn in as U.S. Attorney for the District of South Carolina after being nominated by President Joe Biden. Photo/Provided

tional ways you think of, but in particular substantive backgrounds for instance. It gives you different perspectives to bring to the table.”

After high school, Boroughs attended college at Furman University, graduating in 2002 with a bachelor’s degree in mathematics, with the plan of teaching and inspiring young people as a high school math teacher. It wasn’t until experiencing the struggles that teachers face and desiring to reform the education system that Borough became interested in Law.

“When I was a young teacher, I had lots of thoughts and opinions about the way our system works and about how teachers didn’t have the resources and the things they needed to really help their children succeed in the classroom,” Boroughs said. “So, I spent some time lobbying my school board members, I spent some time lobbying members of the state legislature, and I felt that the people in those positions at that time were extremely dismissive of me and dismissive of teachers in the classroom in general and I found that very frustrating.”

After searching for ways to make an impact on her state and country, Boroughs decided she needed to get a law degree.

“People tend to follow their parents and community and who they’re exposed to, and I didn’t know a lawyer until after I was in college,” Boroughs said. “It was one of the reasons being a lawyer never occurred to me; they were just this foreign thing.”

Boroughs received her J.D. from Stanford Law School in 2007 and began her career at the Department of Justice as a part of the Attorney General’s Honors Program shortly after.

From 2013 to 2017 Boroughs clerked for Judge Richard Gergel, she was involved in several high-profile cases, including United States v. Dylan Roof. After that, she served as

the executive director of Charleston Legal Access, a non-profit organization aimed at addressing and solving the justice gap in South Carolina until 2019. Between running Charleston Legal Access and beginning her time as a U.S. Attorney, Boroughs was a partner at Boroughs Bryant LLC.

Boroughs began her political career in 2020, when she ran for office to represent South Carolina’s 2nd Congressional District. She lost to

“We need diversity in leadership because of those blind spots. Everybody has them – I have them – and having diversity in all kinds of ways, not just the traditional ways you think of, but in particular substantive backgrounds for instance. It gives you different perspectives to bring to the table.”

- Adair Ford Boroughs

Republican Joe Wilson by 13 percentage points.

Being a woman toiling in the world of law and politics, it hasn’t always been easy for Boroughs.

“Women tend to second guess themselves a lot more [than men],” Boroughs said. “I am only the second woman to hold this role, in the office that’s not an issue at all, but it is in the area of law enforcement. There are also still big gender gaps in leadership and law enforcement that they are working toward. But it’s something where I am finding myself being the only woman in a room a lot more frequently than I did in other sectors or in other work.”

Because of Boroughs’ background, she has a specific desire to increase diversity, equity and inclusion efforts in her new role.

One of the ways that Boroughs has already taken action, is by making the Summer Law Clerk Program at the U.S. Attorney’s Office paid.

“We’ve always had unpaid summer law school students, and that’s a big problem for diversity, equity, and inclusion,” Boroughs said. “Because frankly, I was the kid that had bills to pay and couldn’t take an unpaid internship, and it’s not fair. And we are the Department of Justice, we should be seeking justice and all that we do internally as well as externally.”

For summer 2023 South Carolina will be one of only two U.S. Attorney’s

Offices in the entire country that will be doing paid internships for law students.

This is just one way that Boroughs has already made an impact as a U.S. Attorney, and she has many more goals in mind to implement during her time in this role.

“Starting my career [at the department of justice] influenced my whole view of the profession, and what we should do as lawyers, and our job and obligation to seek justice and what we do,” Boroughs said. “I am very happy to be back at the Department of Justice. It’s kind of a dream to be back here in leadership, frankly. And so, I’m really, really excited about it and the opportunity to be back at Justice and serving my home state is like the combination dream job for me.”

As for what’s next for Boroughs, she isn’t sure. Through whatever opportu-

nity comes next, Boroughs hopes to continue to implement change and be a voice for marginalized communities.

“I have never planned my career, or had a five or ten-year plan,” Boroughs said. “My philosophy has always been, ‘I’m gonna do the job I’m doing right now extremely well, I’m gonna knock it out of the park, I’m gonna give it my all, and if I do that, opportunities will be there for the next thing.’ I have really chosen the jobs I have at the times I have because they are addressing problems in society that I want to fix. I want to get in and help make things better.”

For more from Adair Boroughs, see the Q&A below:

Q: You helped found Charleston Legal Access in 2016. What impact did that experience have on you personally, and professionally?

A: I learned how to be the head of an organization, which is something that is serving me really well now. I learned the fundamentals of an organization because you’re building it from the ground up. I really learned about me personally that part of my advantage and gift for the world is that I’m willing to take risks to solve some of our problems. Sometimes the reason we aren’t solving these problems is because people are scared to take the risk.

Q: What lessons did you take away while clerking for Judge Gergel during the Dylan Roof case?

A: I one of the really important lessons I learned is the importance that the justice system plays for the community, both in an ability to have closure and to heal from an event, the justice system is just a crucial player in that. I also learned when these really horrific events happen, humans have an unbelievable ability to really come together and start facing it. We saw it in our law enforcement, we

saw it in the church in – in Mother Emanuel, we saw it and the U.S. Attorney’s office we saw it in the court system. Everyone stepped up in that moment, and in a way that makes me proud to be a part of our society and in our justice system. But our justice system is just so crucial in these instances, to really provide closure and healing or be a part of the process of closure and healing for a community.

Q: You have been recognized in the past for your mentorship of new attorneys. Who are a few of your greatest mentors, and what are the most important lesson you have learned?

A: Mentors are crucial, and I have had a number of them. I have had them in each job, and I think that it’s really important for young people to find their mentors in different places. My chief at the Department of Justice, his name is Rick Ward, I say he will always be my chief. And now that I’m U.S. attorney he is still my chief in ways. He was an incredible mentor for me, not only teaching me the practice of law while I was at that department, but he also put time into me and training me to be a leader. He saw that potential and he and made sure I had formal and informal training in it.

Judge Richard Gergel, who I spent over three and a half years with taught me so much about doing justice and about the practice of law in South Carolina, and about dreaming big in my career. Those two are probably the two, but I have I have lots of them. So, I hate to narrow it too much. But yeah, both of them have been incredibly influential in my life.

Q: You have run for office a couple of times. Any plans to get back into politics once your time as U.S. Attorney is over?

A: Not presently, no. I have never planned my career, or had a five or

ten-year plan. My philosophy has always been I’m gonna do the job I’m doing right now extremely well, I’m gonna knock it out of the park and I’m gonna give it my all. And if I do that, opportunities will be there for the next thing. And I have really chosen the jobs I have chosen at the times I have because they are addressing problems in society that I want to fix. I want to get in and help make things better. And so, there are a lot of things I could do that I would be happy doing that I have no idea what that is.

Q: Outside of work how do you enjoy spending your time?

A: I have two daughters, they’re 10 and 7, and I love spending time with them. We do a lot of puzzles, I love puzzles. I did them with my grandmother until she passed, and my daughters and I do that. My husband and I have always played a lot of video games. I just own up to it. We do it. And so that’s fun. But really, I love my work, so I spend a lot of time doing work and the time that I don’t spend here I really spend with my family.

Q: What is your favorite book?

A: Just for fun, my favorite series is probably the “Outlander” series by Diana Gabaldon. I love that it doesn’t fit into a genre, like it’s part historical fiction part romance, a little bit their fantasy aspects, but she’s an incredible writer and it’s this genre that kind of doesn’t fit in into any category that I also love.

Q: What movie or TV show best depicts what it is like to work in law?

A: I don’t think they have one that does.

Q: What is your go-to spot for a power lunch?

A: Crave Market is one of my favorite places to go to lunch. They have this green goddess salad that is amazing.

QUESTIONS WITH...

Doug Kim

Doug Kim is an intellectual patent attorney and founder of Kim Lahey & Killough Law Firm based in Greenville, and also chairs the Innovation and Intellectual Property Committee for the South Carolina Bar Association.

In the below Q&A Kim talks about the ever-evolving world of intellectual property.

Q: How have non-fungible tokens (NFTs) and digital assets affected intellectual property law?

A: The full impact has yet to be seen but what NFTs have done is create a new property right that overlaps with existing intellectual property laws. For example, if a photographer takes a

photo, that photo is protected with the traditional copyright laws. If that photographer sells the photo to a buyer, normally the buyer has the photo but not necessarily the right to prepare a derivative work. A derivative work is something that is derived from an original work, such as a movie from a book, a print from a painting, etc. When that buyer makes an NFT about the photo, the NFT could include a “copy” of the photo which may not be allowed under copyright. That same buyer has also created a new property right, the NFT, that could have independent value apart from the photograph. As you can see, this complicates ownership rights as well as intellectual property rights.

To be clear, the NFT and copyright are intertwined so that the NFT likely

does not enjoy copyrights independently of the underlying work. One example of the confusion this can cause is the litigation between Quentin Tarantino and Miramax concerning the rights to Pulp Fiction NFTs. In this dispute, Tarantino’s position was that the NFTs were linked with media from the screenplay, which rights Tarantino retained. Miramax however, sued on the theory that the NFTs constituted a new and emerging technology that it could commercialize without payment to Tarantino. This case eventually settled.

Further, intellectual property rights are generally exclusionary rights in that they give the intellectual property right holder the right to exclude others from doing something.

Intellectual property rights could be used to prevent others from making NFTs, under certain circumstances. An NFT could also increase the value of an original work in that the work can be verified to be original and therefore more valuable.

One current impact on NFT value is the situation with FTX. This situation has created a “cybercurrency winter” which has engulfed the value of NFT, causing them to drop. For example, the value of “The Currency,” a collection of NFTs by artist Damien Hirst, fell 12.6% on November 16th while Moonbird NFTs fell 4.7% and Bored Ape Kennel Club fell 8.3%, according to NFT Price Floor. The full effect of the FTX situation is not over.

Q: How do you see artificial intelligence (AI) patents evolving in the future?

A: Having experience with this, in that I have assisted with a granted patent for one South Carolina University that I believe to be its first AI patent, I think the application of AI will be where the patentability lies. AI as an engine will likely not enjoy much IP protection. However, the learning process, the application of the AI, and the results produced will be where the activity lies. As we know, AI requires a learning phase and this phase and process is where IP rights will likely be used most. While patent protection on the AI engine and its process can be challenging, the process in which we teach these AIs to learn is where increased protection and value lies. After all, bad learning produces bad results. One only needs to look at paint colors an AI engine produces to see how improper learning can lead to undesirable results. Some color names that were created include: “Clardic Fug,” “Ronching Blue,” Stargoon,” and “Dorkwood.” Obviously, this implementation of AI needs some work.

Q: What kind of impact did the COVID-19 pandemic have on new patents and entrepreneurs seeking intellectual property services?

A: The impact of COVID has been profound. Generally, I believe that whatever trajectory you were on pre-COVID was accelerated by COVID. If your business was doing well, it improved during COVID and if your business was trending down, that accelerated. There are exceptions for businesses that were severely disrupted, such as the restaurant business.

As for entrepreneurs, COVID created a wave of geographic untethering so that the physical location was no longer that important. Entrepreneurs, by their very nature, were faster to adapt and embrace the removal of physical presence and generally did well. Ideas flowed and intellectual property protection was sought. We have seen a dramatic increase in patent applications in the past several years that we believe is a result of the ability to connect and collaborate online, making the intellectual property process easier and faster.

As for subject matter, the improvements in IT and software have resulted in more computer patent applications than we have seen in the past. Also, IT security has been advancing at an increased pace and intellectual property in this area is increasing as well. Mostly, we have seen the intellectual property activity increase with the application of new technologies, rather than the technologies themselves. For example, companies using blockchain are filing for more patent applications directed to the use of blockchain, rather than patent applications directed at blockchain itself.

Q: What is the best piece of advice for an entrepreneur or startup with protecting their intellectual property as they launch their dream?

A: First, have an intellectual property

plan that supports your business. This plan usually includes an intellectual property preservation plan that matches the business needs and is created considering the resources available. Working with an experienced intellectual property attorney that takes the time to understand your business and its goals can be very important to this process. The last thing you want is to miss a deadline because you were unaware the deadline even existed. For example, when an invention is sold, there is a 12-month window to file a patent application, otherwise, intellectual property rights will be lost.

Q: Tell us about your most memorable client experience, and what you learned from it.

A: Picking one is difficult, as the work we do results in many good stories. There was a client who was working with another attorney and was frustrated with the time the process was taking. The client felt that the attorney was going through the motions without really taking the time to understand the client’s business. We were asked to assist and, within a few weeks, filed the patent applications and formed the company. The company found some investors and was able to bring their product to market within a few months. Our client-centric approach and the efforts we made to shorten the “getting ready to get ready time” resulted in a commercial product the client says occurred much faster due, at least in part, to our legal services.

Recently a client was expanding in several markets, and we assisted in securing a trademark portfolio that assisted with the client expansion. The client went from being a local business to in more than 20 markets nationally in about two years.

While there are many of these stores, I personally still get excited when a patent, trademark, or copyright lawsuit win occurs, even after 25 years of practicing intellectual property.

Haynsworth Sinkler Boyd names shareholder

Haynsworth Sinkler Boyd, P.A. has announced that Bryan J. Kitz has been elected shareholder.

Kitz is a commercial real estate attorney who counsels clients on a broad range of transactional matters. He represents developers, investors and businesses in the financing, acquisition, development and disposition of various types of commercial real estate, including multifamily, office, retail, industrial and hospitality properties. Kitz also assists banks and other financial institutions in construction and permanent financing transactions and negotiates complex loan documents on behalf of both borrowers and lenders.

Based in the firm’s Charleston office, Kitz serves on the board of directors for the Greater Charleston Chapter of the Risk Management Association and is a member of the Urban Land Institute. He is recognized as a Best Lawyers: Ones to Watch for Real Estate Law (2022-23) and is a 2021 graduate of Leadership Charleston. Bryan earned his juris doctor, cum laude, from Tulane University and his bachelor’s degree from the University of Virginia.

Haynsworth Sinkler Boyd provides business, litigation and financial legal services to local, national and international clients.

Turner Padget expands with three hires

Turner Padget has announced the addition of Associate Carew J. Alvarez to the firm’s Charleston office, Associate Ashley A. Milan to the firm’s Myrtle Beach office, and Associate Lindsey M. Behnke to the firm’s Columbia office. Alvarez and Milan join the Insurance Litigation

practice group and will support the Insurance Litigation team by defending clients with personal injury claims, premises liability, and other general liability claims.

Behnke joins the Business and Commercial Litigation group, supporting businesses in commercial disputes and working to ensure favorable Alvarez will focus on insurance claims counsel and litigation including personal injury actions and various other tort claims. He earned his undergraduate degree from Wofford College and his law degree from the University of South Carolina School of Law.

Milan will work with clients to defend against personal injury claims and other general liability claims. Milan co-founded the Latinx Law Students Association at the University of South Carolina School of Law and was co-president for two years. She earned her undergraduate degree from Coastal Carolina University and her law degree from the University of South Carolina School of Law.

Behnke will focus on construction litigation, finance and lending, and real estate matters. Behnke was a recipient of the CALI Award in Conflict of Laws and Federal Courts. She earned her undergraduate degree from Cedarville University and her law degree from the University of South Carolina School of Law.

Nelson Mullins adds attorneys in SC

The partners of Nelson Mullins Riley & Scarborough LLP have elected 32 attorneys to the partnership effective Jan. 1, 2023. Overall, the firm elected new partners across 12 cities and eight states and the District of Columbia, including four in South Carolina.

In South Carolina:

Brad Barringer (Columbia), who helps clients navigate challenges in the areas of electronic discovery, records management and information governance, and litigation readiness.

Christopher Casavale (Charleston), who focuses his practice in the areas of trademark, copyright, domain name law, and strategic counseling.

Sean Hastings (Columbia), who concentrates his practice in the areas of mergers and acquisitions, commercial contract negotiation, and general corporate matters.

Bobby Streisel (Charleston), who practices in the areas of federal and state taxation, estate and gift tax planning, tax controversy, and probate litigation.

Motley Rice LLC has announced the addition of three associate attorneys to its headquarters office in Mt. Pleasant, S.C. New associates Jessica Carroll, Ridge Mazingo and Nicholas Williams were admitted to the South Carolina Bar in November.

Carroll represents dozens of governmental entities in litigation against pharmaceutical drug

manufacturers and distributors for their alleged contribution to the opioid crisis. She also contributes to multidistrict litigation against social media platforms. Carroll graduated from Charleston School of Law in May 2022.

Mazingo protects the rights of individual shareholders and institutional investors by litigating complex securities actions. He graduated from the University of North Carolina School of Law in May 2022

Williams represents childhood lead poisoning victims exposed to white lead carbonate products. Additionally, he represents farmers, railroad workers, and other victims in pesticide litigation. Williams graduated from the University of North Carolina School of Law in May 2022.

Mueller joins LGBTQ+ Bar Association Institute

Mandy Mueller, a partner at Burnette Shutt & McDaniel, has been accepted as a member of the LGBTQ+ Bar Association Family Law Institute. She is among only four South Carolina lawyers in the group.

The institute is a joint venture of the LGBTQ+ Bar, which sponsors the annual Lavender Law Conference, and the National Center for Lesbian Rights.

The Family Law Institute consists of experienced attorneys and professors who share their knowledge and discuss legal strategies for representing the LGBTQ+ community. Its goal is to foster development of LGBTQ+ family law knowledge, particular in rural and underrepresented areas and in states that are hostile to LGBTQ+ rights.

Mueller has practiced family law for more than a decade, beginning with her time as an attorney with the South Carolina Department of Socials Services.

At Burnette Shutt & McDaniel, her practice includes all facets of family law, from divorce and custody to child support and protection orders. She and other attorneys at Burnette Shutt & McDaniel represent LGBTQ+ clients in cases including second-parent adoptions, birth-certificate amendments, gender-affirming name changes, domestic partner agreements and more.

Attorney joins LawyerLisa staff in Lexington

LawyerLisa LLC has announced that attorney Thomas Hughes has joined the firm in their Lexington office.

Thomas graduated from Winthrop University and the University of South Carolina School of Law and practiced in Greenwood, South Carolina for a year before joining LawyerLisa.

Thomas’s practice is focused on estate planning, probate, and elder law. Thomas is passionate about helping his clients and their family members plan for the uncertainties of the future based on their unique circumstances and goals.

Adams and Reese welcomes two new partners

Adams and Reese LLP has announce the election of Partners Mitch Boult and Robert P. Bethea Jr. to the Executive Committee, which oversees strategic operations of the AmLaw 200 and NLJ 500 multidisciplinary law firm.

Boult and Bethea will succeed outgoing EC members Edwin C. Laizer and James B. McLaren Jr.

In addition to Boult and Bethea’s elections, Adams and Reese announced in November the election of Clarence Wilbon as executive committee chair.

Boult will serve a third term on the executive committee; he has practiced

LAWYERS IN

at Adams and Reese since 2005, playing a leading role in the Global IP practice.

Bethea, a partner in Columbia, will serve his first term on the executive committee; he serves as the Middle Market Mergers & Acquisitions practice team leader. He joined Adams and Reese in 2013.

Boult represents a wide range of clients in multi-jurisdictional IP litigation and serves as lead advisor on branding campaigns throughout Asia, Europe, and North America.

Boult has served on the International Trademark Association’s Emerging Issues Committee, and Fair Use and Other Boundaries Subcommittee. In the community, he volunteers as Director of the Stung Treng (Cambodia) Women’s Development Center, and as Trustee of the Allen Foundation.

In addition to serving as Middle Market M&A practice team leader, Bethea advises clients on business transactions in the southeastern United States and beyond, covering a range of industries including health care, professional services, manufacturing, logistics and distribution, marine products, specialty software, and industrial services. He provides counsel on startups, mergers, stock and asset acquisitions, recapitalizations, taxation, business contracts and agreements, corporate governance, succession planning, franchising, securities and finance.

In the community, Bethea is a graduate of the Greater Columbia Chamber of Commerce’s Leadership Columbia program.

$1.15 MILLION SETTLEMENT

Group of 4 settles for $1.15M after suffering injuries in car crash

Type of Action: Dram Shop case against a night club

Injuries Alleged: Orthopedic injuries

Name of Case: Confidential Court: Confidential

Case no.: Confidential Settlement Amount: $1,000,000 – Policy Limits

Date of Settlement: December 2022

Most Helpful experts: Dr. David Eagerton, toxicologist

Insurance Carriers: Confidential Attorney(s) for the Plaintiff: David Lail, David Yarborough, and John Dodds of Yarborough Applegate LLC in Charleston, S.C.; John Mobley of John Mobley Law Firm, LLC in Columbia, S.C.; Steven Wilson of The Stephen S. Wilson Law Firm LLC in Spartanburg, S.C.

Attorney(s) for the Defendants: Confidential Were liability and/or damages contested? Yes Was the opposing party represented by legal counsel? Yes

Has the plaintiff been successful in collecting the judgment? Yes

B y h aviland s tewart h stewart @ nclawyersweekly com

Two couples settled for a total of $1.15 million after sustaining injuries due to a car crash.

In November 2019 the couples were traveling home on the interstate after a double date when traffic came to a stop due to an accident. While stopped in traffic, their vehicle was rear-ended by a driver who was leaving a nearby night club after consuming alcohol.

According to the plaintiffs’ attorney, David Lail who represented the two couples, all four sustained injuries and required medical treatment following the accident. The driver who rear-ended them took a blood test directly after the accident that showed a BAC of .073.

The main debate was whether the

driver had been over-served at the establishment he was at prior to the accident, in violation of South Carolina Dram Shop laws. Much of the dispute centered on the driver’s level of intoxication throughout his time at the establishment, which was unclear.

“There was no video surveillance, no time-stamped receipts, the driver was paying cash, and the nightclub had shut down by the time we got involved,” Lail said. “But, using the Point-of-Sale information that was produced, along with drunk driver’s testimony from his DUI plea hearing, we were able to show that the driver would have been beyond a .08 BAC during service at the club.”

In December 2022, the plaintiffs settled for a total of $1,150,000; $1 million of which was paid by the establishment’s insurance, and $150,000.00 from the driver’s automobile coverage.

Many details of this case have been withheld due to a confidentiality agreement.

A couple from Harrison, Arkansas agreed to settle their suit against the driver of the vehicle that struck their car and injured them for $1.9 million, accordtheir car and injured them for $1.9 million, accordtheir car and injured them for $1.9 million, according to their attorney, Nick Smart of Strong-GarnerBauer in Springfield.

Smart said the defendant driver admitted to police and in court fillings that he was unable to stop at the stop sign and that he ran through it, hitting the Smiths’ vehicle. ◆

Settlement Amount: Total of $1,050,000: $1,000,000 –dram shop policy limit; $50,000.00 – at-fault driver policy limits

Date of Verdict or Settlement: October 2022

Demand: Confidential

Highest offer: Confidential

Most Helpful experts: Confidential Insurance Carriers: Withheld

Attorney(s) for the Plaintiff: David Lail, David Yarborough; John Dodds of Yarborough Applegate LLC in Charleston; David Baker and Ryan Compton of Baker Compton Law Firm, LLC in Murrells Inlet; John Hilliard of Hilliard Law Firm LLC in Georgetown

Attorney(s) for the Defendants: Withheld

Were liability and/or damages contested? Yes

Was the opposing party represented by legal counsel? Yes

Has the plaintiff been successful in collecting the judgment? Yes

B y h aviland s tewart hstewart @ nclawyersweekly com

A woman who suffered injuries in a car crash involving an overserved driver has been awarded a $1 million settlement.

The plaintiff sustained a fractured ankle and optical nerve damage when she was hit by a drunk driver in Murrells Inlet, S.C.

According to the plaintiff attorney, David Lail, at the time of the wreck, the plaintiff was driving home from her job as a waitress, when the defendant failed to yield the right of way while making a left turn and collided into the driver side of the plaintiff’s vehicle.

$1 MILLION SETTLEMENT

Driver hit by overserved customer awarded $1M

Type of Action: Dram shop case against a restaurant and drunk driver

Injuries Alleged: Ankle fracture and optical nerve damage

Name of Case: Confidential

Court: Confidential

Case no.: Confidential

Tried Before: Case was settled before trial

Judge: Confidential

Because the defendant was also injured in the crash, no field sobriety tests were administered. The defendant refused a breathalyzer, invoked his right to remain silent, and no BAC was ever obtained by law enforcement, Lail reported.

In addition to the lack of any BAC evidence and defendant invoking the Fifth Amendment in the litigation, a witness at the scene reported to police that the plaintiff was the one who ran a red light and was at fault for the crash, not the

David Lail

David Lail

defendant. According to Lail, this witness was a friend of the defendant and therefore his account was biased.

Investigation and interviews with other witnesses revealed that the defendant had been drinking alcohol at a local restaurant prior to the accident. After suit was filed against the defendant, a subpoena to the restaurant returned a receipt that contained 13 alcoholic drinks, paid in cash, and closed out at 7:45 p.m., meeting the requirements for overserving a customer in violation of the state’s dram shop laws.

The settlement represented the policy limits of all available insurance coverage. The plaintiff settled for a total of $1,050,000. $1 million from the restaurant that overserved the driver, and $50,000.00 from the at-fault driver policy. ◆

MILLION SETTLEMENT

Motorist injured in car crash awarded $1M settlement

Type of Action: Logging Truck Wreck

Injuries Alleged: Mild Traumatic Brain Injury

Name of Case: Janet Blanding v. M.G. Express LLC and Marion Joe Garvin

Court: South Carolina Court of Common Pleas for Orangeburg County

Case no.: C/A No. 2021-CP-38-00088

Tried Before: Settled before trial

Special Damages: $1 million

Verdict or Settlement? Settlement Amount: $1 million

Date of Verdict or Settlement: November 14, 2022

Highest offer at Mediation: Settled without mediation

Insurance Carrier: Sentry Select Insurance Company

Attorney(s) for the Plaintiff: David B. Yarborough, Jr., Reynolds H. Blankenship Jr., of Yarborough Applegate LLC in Charleston; Shelly M. Leeke of Shelly Leeke Law Firm in North Charleston

Attorney(s) for the Defendant: Joshua B. Cronin of von Briesen & Roper in Milwaukee, Wisconsin (coverage counsel for Sentry Select)

Were liability and/or damages contested? Yes Was the opposing party represented by legal counsel? Coverage Counsel for Sentry Select handled the settlement negotiation

Has the plaintiff been successful in collecting the judgment? Yes

B y h aviland s tewart h stewart @ nclawyersweekly . com

A motorist was awarded a $1 million settlement after suffering injuries in a car crash.

While plaintiff, Janet Blanding, was driving on Highway 601 near Lugoff, S.C., waiting to make a left turn, she was rear-ended by a loaded logging truck driven by defendant, Marion Joe Garvin who was traveling over the posted speed limit of 55 mph.

According to the Blanding’s counsel, Blanding lost consciousness upon impact, and sustained a concussion, which ultimately lead to post-concussive syndrome. She spent approximately two weeks at Prisma Health Richland Hospital following the wreck and continues to receive neurological treatment.

they were both placed into default.

Because the defendant and his logging-truck company constituted a “motor carrier” pursuant to the Federal Motor Carrier Act, South Carolina Regulation 38-414 required the logging truck to carry minimum liability coverage limit of $750,000. The defendant’s policy with Sentry Select provided $1 million in coverage, but Garvin’s failure to forward the suit papers is what caused the default and likely qualified as failure to cooperate, meaning only the minimum of $750,000 was in play.

However, a few weeks prior to the scheduled damages hearing, Blanding’s counsel sent a Tyger River demand to Sentry Select for the full $1 million in coverage. If the policy limit was not offered, then they would voluntarily have the default set aside and give Sentry Select an opportunity to hire counsel and defend its insured, which would cure the defendant’s failure to forward the suit papers.

According to the plaintiff’s counsel, they were not content letting the defendant out of default and try the case before an Orangeburg County jury, as they believed case was worth much more than the available coverage. If Sentry Select refused the opportunity to settle within policy limits and a jury subsequently delivered a verdict more than policy limits, then Sentry Select would likely be responsible for the entire amount of the judgment.

Before the demand deadline passed, Sentry Select accepted the demand and tendered the full $1 million in coverage.

Jr.

Blanding’s counsel filed suit in Orangeburg County, where the defendant, who was the owner and operator of the trucking LLC was based. After being served with the summons and complaint both individually and as registered agent of his company, the defendant failed to forward the suit papers to his liability insurer, Sentry Select. After neither Garvin nor his LLC responded to the summons and complaint,

“We are happy that we were able to maximize this recovery for our client,” plaintiff attorney Shelly Leeke said. “While her damages exceeded the coverage available, we were able to recover every available dollar there was for her.”

The defense counsel did not respond for comment. ◆

Shelly Leeke

David B. Yarborough Jr. Reynolds H. Blankenship

‘A TOTAL WOW MOMENT’

South Carolina Paralegal Terri Coker re ects on receiving NALS

■ BY TERI SAYLOR

Terri Coker was overcome with emotion when she realized she was receiving a national mentorship award from NALS – the National Association of Legal Support Staff at its annual conference last fall in Charlotte.

She remembers the windup leading to the big announcement during a luncheon, taking notice as the announcer began describing all the award-winner’s achievements. And it slowly started sinking in.

“By the time she listed the winner’s fourth achievement, I allowed myself to believe it was me, and I immediately turned to mush,” Coker said, laughing at the memory during a recent Zoom interview. “I didn’t even know NALS had that award.”

Coker is a litigation paralegal at Bannister, Wyatt & Stalvey of Greenville, a

job she has held for a decade. She started her career in corporate law, and to say she loves being a paralegal is an understatement.

“After I started the litigation job, I have not looked back. Not one single second. I love what I do,” she said.

She also loves her boss, Bill Bannister, the firm’s co-founder, going strong at 83.

“Mr. Bannister still practices full-time, and is just as sharp as ever,” she said. “He has two sons who are also attorneys at the firm – James W. Bannister and Bruce W.

mentorship award

Bannister who is in the South Carolina House of Representatives.”

Bannister & Wyatt is a firm of 10 attorneys, and Coker appreciates that her boss shares her devotion to education and service to the legal profession, including mentoring young paralegals and students.

Her passion for paying it forward goes all the way back to her childhood.

Coker, 58, is warm and folksy. A few minutes of chatting is all it takes to become her friend.

She was born in Alabama and grew up in Greenville, as an impressionable youngster who was influenced by musicals like Hello Dolly. She wanted to grow up to be a singer and an actress.

But by the time she reached high school, more practical dreams took root.

She had watched two of her teachers

Yenli Gaytan, left, and Terri Coker confer in a conference room. Photo/Provided Terri Coker, right, receives her NALS mentorship award. Photo/Provided

“Receiving that award was a total wow moment because I believe that when you’re doing something you’re passionate about, that by itself is your reward. I feel like I have come full circle, and it’s pretty awesome.”

- Terri Coker

Your 2023 plan for recruiting paralegals

We are in an extraordinary hiring time with the pandemic:

• 3 million women left the workplace in 2020, leaving the U.S. with 10 million available jobs and 9 million available candidates

• One in 3 labor force participants in the U.S. is a millennial

• 65% of employees claim their stress levels have skyrocketed over five years

• Happy employees are five times more likely to stay

One of the most frequent questions I get asked is about hiring paralegals. While there is no one way to recruit and hire, here are my best practices for hiring paralegals.

Hiring Trends

Law firms are known for being notoriously slow in hiring. One of my favorite jobs took me five months to get after making the initial contact. I was employed at the time, but five months is a long time to wait. Job candidates tell me they can go weeks or even months without hearing a status update from a potential employer. While I was willing to wait five months, this scenario is unlikely to work in your favor in today’s employment climate.

Candidates are hard to come by and they move fast. If you have a long hiring process, the candidate is likely going to take another offer that comes in faster. If your requirements are more stringent than another firm, they’ll likely take the other offer. As an example, if all other things are equal and you are the only firm to require a writing sample, the candidate will choose the other firm. Not always because they

can’t write, but because they want a job quickly and they don’t want the additional hassle of preparing the writing sample. While recent graduates are likely to have a writing sample ready, experienced candidates most likely will not.

Many law firms hire slow and fire slow. In today’s market, if you don’t hire fast, at least try to hire faster. And by 90-days, you should have a good sense of whether a candidate will work. If not, don’t put off the inevitable, release them after a 90-day trial period before you’ve invested too much time and resources down the wrong path.

Online Recruiting

Post your jobs on LinkedIn, ZipRecruiter or other online job options. Your post can be as formal or as informal as works for you. Some firm members post on their personal LinkedIn account, “My firm is hiring, this is a great place to work, send me your resume if you’d like to join the team!” If you are trying to decide the appropriate message for your firm, view how other companies and firms are posting jobs on the various platforms.

Also, post your position on job banks or career centers offered by paralegal schools, paralegal associations, and bar associations, such as the NCBA Career Center.

Recruiters

Recruiters are often a last resort for some law firms because of the fees. However, when your time is money, working with recruiters is an investment in your firm. You don’t need a recruiter to hire an entry level candidate but working with a recruiting firm to hire an experienced or specialized paralegal can provide you with access to candidates you otherwise might not have had.

A recruiting firm has access to a database of candidates, as well as having recruiters search for candidates directly or through their network of contacts. Recruiters can provide background searches, personality tests or skills testing, as

well as the first round of interviews. If you work regularly with recruiting firms, they will begin to know you, your firm, and the type of candidates who would be good fits. Many recruiting firms also offer to refund fees if the candidate does not last a minimum amount of time in the job.

Paralegal Programs

Some firms don’t want to invest in recent graduates. However, the inside of the classroom today looks different than 30 years ago. It’s always been true that many paralegal students are second career students. While they may not have written a motion or searched a title, paralegal school is a different learning experience from law school. Law school tends to be more theoretical while paralegal school is practical. You learn to draft the document, how much the filing fee will be, and how to get to the courthouse. Yes, hiring a recent graduate may require more time investment from you, but take the long view that this is an investment in your firm.

Invest the time to develop a plan for training and a training manual outlining the firm’s process and procedures. Your firm doesn’t have those? Then train the paralegal and ask them to develop the training plan for the next new hire.

Internships

Working with paralegal programs to hire interns is a great way to introduce your firm to the school and to start meeting students who you might end up hiring. Sometimes, students can get classroom credit for internships, other times, you may need to pay a salary, but either way, this can be a great way to get additional help for the office, meet potential job candidates, and contribute to the education of another legal professional.

The ABA has a directory of ABA Approved Paralegal Education Programs - Approved Pro-

■ BY CAMILLE STELL

JANUARY 2023 CAROLINA PARALEGAL

n NCBA Paralegal Division and Family Law Section Schedules advice clinic in Guilford County

The N.C. Bar Association Paralegal Division and the Family Law Section is partnering for a Pro Se Custody and Family Law Advice Clinic in Guilford County. The clinic is set for February 11, 2023 from 9 a.m. to noon at Elon Law School.

The Paralegal Division is recruiting paralegal volunteers for virtual intakes. The Family Law Section will be recruiting volunteer attorneys and Elon Law School students for the day of the clinic.

On the day of the clinic, paralegal and law student volunteers will be paired with attorney volunteers to assist eligible clients to complete forms specific to their legal need or to provide advice only regarding their legal situation.

This clinic is modeled on an April 2021 clinic in Wake County. This pilot clinic was held at the Blanchard Community Law Clinic and successfully served eleven clients by answering their family law questions and drafting pro se custody packets for several of them.

Visit the Bar Blog for more information and sign-up forms https://bit.ly/3PKxEZ3

n Horton & Mendez expands office and hires new staff

Horton & Mendez a Wilmington-based law practice focusing on personal injury andwrongful death, has moved to larger offices to accommodate its expanding

practice. With this move at 6105 Oleander Drive, the firm recently hired Leigh Hicks and Catherine Holland.

Hicks joins the firm as a case manager. Holland joins the firm as a paralegal, having previously served as a paralegal at a large insurance defense firm. She has been a litigation paralegal for 10 years.

n Ward & Smith human resources coordinator joins Durham Tech Paralegal Advisory Committee

Last fall, Durham Technical Community College appointed Ward & Smith human resources coordinator Jessica Denoyer to a two-year term on its Paralegal Technology Advisory Committee. The committee provides guidance and advice on the paralegal program at Durham Tech, helping to ensure that it meets the needs of students and the community. Durham Tech is one of many regional community colleges and high schools Ward and Smith has partnered with since 2021 for the firm’s Staff Internship Program, which provides students with exposure to the many facets of the legal profession and hands-on experience in a law office.

n Leunora Ward receives state paralegal certification

Cranfill Sumner has announced that Leunora Ward is a

North Carolina Certified Paralegal (NCCP) after passing the paralegal certification exam through the North Carolina State Bar. Ward is a Nurse Paralegal based in the firm’s Charlotte office. She has more than 20 years of medical-surgical, cardiac, hematology, and pediatric experience as a registered nurse and is a graduate of Winston-Salem State University and the University of North Carolina at Chapel Hill.

n NALS of North Carolina Membership Meeting–open to guests

NALS-NC invites legal support staff to participate in a virtual meeting on January 23 to learn about CPE/CLE opportunities in 2023. Topics include information about a free CPE webinar in legal ethics and a free CLE from the NALS national on-demand library. Participants will also learn about the state chapter’s history and its vision for the New Year. The meeting starts at noon. Visit https://www.nals-nc.org/ meetings-education to learn how to join the meeting.

n LSPSC membership and education meetings coming in 2023

Legal Staff Professionals of South Carolina have membership and education meetings coming up. On January 21, join the association in Columbia for their

Winter Membership Meeting and CLE. LSPSC will also hold its 58th Annual Meeting and Education Conference at Hilton Head April 22-23. Visit http:// www.lspsc.org/Calendar.html to learn more.

n

LSPG

schedules lunch & learn meetings

Legal Staff Professionals of Greenville holds regular lunch and learn meetings on the third Wednesday of every month from 12:30 to 1:30 p.m. at the Poinsett Club. “Lunch & Learns” provide educational speakers and offer one-half hour of CLE credit. For reservations, speaker information, and/or menu selections, contact Tara Jean Brown, PP, PLS, SCCP at 864.271.7940 or Tara@ davidgreeneattorney.com. Visit http://www.lspg.org/Calendar. html

n 2023 NALA Conference & Expo

NALA, the Paralegal Association will hold its 2023 Conference July 12-14, 2023 at the Westin Copley Place in Boston. Visit https://nala.org/education-5/nala-conference-expo-2023/

n 2023 NALS Conference

The National Association of Legal Support Professionals will hold its 2023 National Conference in Houston August 21-23 at the Hotel Derek. The association is seeking speakers and has posted a call for presentations. Visit https://www.nals.org/ page/2023conference.

Jessica Denoyer

Leunora Ward

JANUARY 2023 CAROLINA PARALEGAL NEWS

Q&A: MCKELA SIMON

McKela Simon strives to grow as a paralegal

Growing up in Lamar, S.C., a small town in the Pee Dee Region of the state, McKela Simon enjoyed life in a large family with both parents and eight siblings. She was attracted to law at a young age.

“I grew up interested in the legal system,” she says. I was fascinated by the real life situations I saw in the news, and lived with in my own family.”

She most enjoys working behind the scenes in roles vital to the work attorneys do every day.

After earning an associate degree, she went on to get her bachelor’s degree from South University.

She is working on her Master of Law degree from Regent University while working full time at Poulin | Willey | Anastopoulo as a litigation paralegal, focusing on personal injury and workers’ compensation.

She aspires to advance in her career to the rank of senior paralegal or even a paralegal supervisor.

I became a paralegal because. The reasons I want to be a paralegal are both professional and

personal. I am driven to help the general public which in turn is helping me. My work as a paralegal has helped me enhance my communication and people skills. I was drawn to this area because I can advance with my law firm along with my career and I am learning as I go.

Favorite aspect of work. My favorite aspect of being a paralegal is having the opportunity to make a difference by improving our clients’ quality of life.

Advice to those considering the profession. The first thing I would tell a future paralegal is to avoid excuses and develop a plan by identifying both short- and long-term goals that will lead to success. Always ask questions because no question is a stupid question. Also, I would say always be assertive. Never rely on guesswork because having to re-do work only hinders your completion of the next tasks.

Others may not know. I strive to be humble. I do demonstrate pride in myself, but not to put others down.

In my spare time. I sometimes read or review cases I worked on the week before. I go to net-

working events. I spend time with my family. I also take classes to advance my paralegal skills. Work/life balance. I leave work at work, and I leave home at home. And I practice self-care. I make sure I engage in productive personal activities and avoid taking professional problems home.

grams Directory (americanbar.org).

The NC Paralegal Association has a list with 36 paralegal programs located in North Carolina - Paralegal Educational Program Listings (ncparalegal.org)

Maintain a pipeline of potential job candidates. Internships are one way to accomplish this, another is to hire college students who are considering law school. While this may result in a candidate who will only be with you for a few years, you may find the student decides to attend paralegal school instead of law school, or you will gain an introduction to a potential lawyer hire.

Look for non-traditional candidates. Anyone who has worked in customer service will know how to deal with clients, whether they worked

in a call center, a restaurant, or retail job. Also, people who have worked in other professional services such as finance or accounting will have many transferrable skills. The legal skills can be taught on the job or by sending the employee to take paralegal classes or CLE programs.

Also, look for candidates who may not be looking for you. Some high school students or college students have never been exposed to the legal field. Hire them in to answer phones, scan documents or other administrative tasks. You may help someone discover a new field of interest and if you are lucky, perhaps they will continue to work for you while attending school and join your firm afterwards. Local schools are always looking for working professionals to come into high schools, colleges, or job fairs to encourage students.

Recruiting is a multi-prong effort. Commit your ideas to a written plan with implementation dates. Interviewing candidates for summer positions may happen in the winter semester of classes. Working paralegals who have completed paralegal programs may be ready to look for new jobs in May or June as they approach graduation. Online recruiting is available anytime but creating the job description and posting it takes time. View these efforts as investments in the firm and you will see results over time.

Camille Stell is the President of Lawyers Mutual Consulting & Services and the co-author of the newly published book, RESPECT – An Insight to Attorney Compensation Plans available from Amazon. Continue this conversation by contacting Camille at camille@lawyersmutualconsulting.com or 800.662.8843.

McKela Simon

Q&A: CASSANDRA FURTICK

Medical records certification paves a path to law firm career

Mother of five children, native of El Monte, Calif., and paralegal at the Solomon Law Group in Columbia, S.C., Cassandra Furtick followed a winding path into her career.

She spent most of her growing up years in Swansea and graduated from Swansea High School where she played in the band.

“Through music, which was a big part of my life, I was able to play in the marching band, jazz band, regional band, all-state band, and I even played in the governor’s all-state band,” she says.

She graduated from Fortis College with a medical assistant certification, intending to work in the health care field, but found that getting her foot in the door was more difficult than she imagined. Then she interviewed for a position handling medical records for the Solomon Law Group and never looked back.

“I have worked my way from medical records assistant to litigation paralegal, regularly assisting clients with personal injury claims, and becoming a key professional in that process,” she says.

Furtick also co-owns Furtick Creations, a small business that makes personalized and customized gifts ranging from cups and t-shirts to cutting boards. Her entire family are business partners, and she views this as an investment in the children’s future.

Focus area: I am a personal injury litigation paralegal. After losing someone very close to me, I wanted to make a difference. I have found that this is an area that not only satisfies that desire, but also allows me to help make a difference in our clients’ lives. Working in personal injury, I not only assist our clients in their time of need through treatment, recovery, and resolution of their claims, but many of my clients become like family. We help them ease the emotional toll these cases take on them

and help them navigate life after the claim. Our goal is to make this process as easy as we can so they can focus on healing. Seeing our clients smile at the end of their cases makes everything worth it.

Motivation: It does make it a lot easier to come to work for an employer who treats you with respect and has the same vision for the community that you do. It is rare to find someone like Carl Solomon who is as equally invested in me as a worker as he is as a person. At the end of the day, I often spend as much time at work as I do at home, so loving where I work is important. Having a place to come to, where I enjoy what I do, makes it easier to get up and go to the office.

Challenges: In the legal field and medical field, there is always a constant change. One day you may speak to a provider at one location, and the next week you will find that the company is now owned by someone else. The law is also changing by the day. With that being said, I enjoy a challenge. I love the fact that I am always learning, and no day is ever the same.

Great customer service: Delivering what you promise to deliver, and being a nice person is my definition of great customer service. You never know what your clients are going through. What you see in records is not always the totality of their case. Each person handles their personal incidents differently. Our clients have hired us to do a job, we take the responsibility very seriously, and we deliver on our promises with compassion and kindness. That kindness also extends to our community. A smile and a kind word doesn’t cost anything.

Early ambitions: I was always interested in learning and loved every bit of school. I was determined to be a math teacher when I was a little girl. In middle school, my goal changed

to becoming a band director. It wasn’t until my early 20s that I decided on my career path, and in my late 20s I found my love and my true career. As a paralegal, I still get the satisfaction of teaching seminars on medical records and even train paralegals. I love that I can combine my love for teaching and my love for the legal field.

Advice to teenage self: Hang on and everything will work out. Don’t try to take any shortcuts. Everything you go through will make you who you are. There are many lessons to learn throughout life. You may not see it immediately, but in the end you are happy.

Down time: I spend down time crocheting. I love to make blankets, especially Afghan blankets. I also enjoy creating personalized gifts for my customers. We work in a high stress environment, so having something that is relaxing to take my mind off things can really help me manage my stress level. Plus, it adds a special bonus of seeing other people happy when I share one of my creations with them.

Cassandra Furtick

MOMENT / ‘... I have come full circle’

ta, and that was completely out of range for me,” she said.

move on to lofty positions in law and government.

“One was my English teacher who was resigning from teaching to become the administrative assistant to then Governor Carroll Campbell,” she said. “And I thought ‘wow, to go from English teacher to the governor’s office is amazing.’”

Her next inspiration came a few years later when another of her English teachers was appointed as a magistrate judge.

“I thought, there is something going on here, and I want to be a part of it,” she said.

At the time, Coker was a student in a vocational school, studying to be a cosmetologist and was a member of the school’s chapter of Vocational Clubs of America. She was also on the school’s parliamentary procedure team, and participated in competitions all over the state, even making it to the nationals.

“We won second or third place at nationals, and I knew right then I no longer wanted do hair for a living,” she said. “Instead, I wanted to work in a professional environment.”

Coker’s first job out of school was as a word processor at Daniels Construction, now known as Fluor Enterprises in Greenville. She progressed to the company’s legal department where she worked for the corporate attorneys.

“There’s nothing that makes you feel more highfalutin than working in an office with 12-foot mahogany walls,” she said, laughing.

Along the way, Coker made her way out of her corporate workplace and into law firms. She admired Ann Armstrong, a fellow paralegal who also taught continuing education classes and inspired her to seek a paralegal education.

“At the time, I was a single mom with a daughter just over the age of 3, and the only place I knew of where I could get a paralegal-focused education was in Atlan-

During the 2008 recession, Coker found herself laid off from her job at a solo practitioner’s law office and landed a new part time role in another firm. It wasn’t enough for the high-achieving paralegal.

“To go from a full-time job to working half days, I wondered what on earth I was going to do with the rest of my time,” she said.

She discovered that Greenville Technical College had started offering an ABA-certified paralegal curriculum, so she filled her extra time with schoolwork and got the education she had been dreaming of for two decades. It was an eye-opening experience.

“I remember sitting in class at the age of 40, looking around at my fellow students, and I knew I had to pull out all the stops to be competitive with the younger crowd,” she said. “So I did everything I could to maintain the highest GPA possible.”

She earned her paralegal certificate and holds both state and national certifications. She’s active in both Legal Staff Professionals of South Carolina and Legal Staff Professionals of Greenville, both NALS chapters, and she holds leadership positions in both organizations.

Along with her education, came her passion for mentorship.

A partnership between Greenville Tech and two local paralegal associations–LSPG and the South Carolina Upstate Paralegal Association, gives working paralegals the opportunity to mentor and advise students.

At the start of each semester, students can interview the paralegals to learn about their jobs. At the end of the semester, the paralegals turn the tables and conduct mock interviews with the students to prepare them for the job market.

By the time the students graduate, they have a good idea of what it is like to be a professional paralegal, and enough experience to start their careers.

For Coker, mentoring is like a ministry.

“I get such joy from meeting the new students,” she said. “To me, mentoring means encouraging them, pouring my knowledge into them, and being a go-to person so they can count on me.”

For Coker and her law firm, mentorship has paid off in a tangible way.

Last year, she conducted a mock job interview with a student named Yenli Gaytan.

“She was so impressive, and as a matter of fact, she won the NALA Paralegal Student of the Year Award for 2022,” Coker said. “That was huge.”

A few months ago, Coker learned her firm was planning to hire a paralegal and seeking a young person right out of college.

“I told them, ‘I’ve got just the one for you,’” Coker said. “We hired her right away, and the firm has let me take her under my wing and teach her what it’s like in the real world.”

Even in Coker’s own family, her passion for her work is making a big impact and may just be the best result of her mentorship efforts so far. Her own son is planning to enroll in Greenville Tech’s paralegal program and follow in his mother’s footsteps.

“He’s 25 years old, and he asked me a few weeks ago to tell him about what it’s like to be a paralegal,” she said. “The college is offering free tuition for the spring semester, and he’s getting his ducks in a row to enroll.”

When Coker looks back on her national mentorship award, the talented paralegal she hired for her firm, and her son who wants to follow her career path, she realizes the impact her work is making on her profession.

“Receiving that award was a total wow moment because I believe that when you’re doing something you’re passionate about, that by itself is your reward,” she said. “I feel like I have come full circle, and it’s pretty awesome.”

Teri Saylor is a freelance writer in Raleigh, N.C.

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