fall 2009 a newsletter from the south Carolina Bar foundationOur mission is to fund the advancement of justice by improving access, education and accountability.

The Next Best Thing — Cy pres awards can benefit the Foundation Cy pres awards are residual funds from class action or other proceedings that cannot be distributed to class members or the intended beneficiaries for a variety of reasons. Under the cy pres doctrine, the funds can be distributed to appropriate charitable causes.

why is the foundation a perfect fit for a cy pres award?• There is no possibility for a conflict of interest for the Court or the defendant.

• We are structured to ensure accountability for the expenditure of funds. The Foundation has provided more than $41 million in grants and is a proven collaborator and leader in the justice community.

• Our grantees demonstrate success in the areas where cy pres awards typically are made.

• Funds can be used to target a specific project, if desired, allowing for consensus between the plaintiff, defendant and the Court.

If you are involved in a class action case and are unable to distribute all of the funds, consider the SC Bar Foundation. Visit scbarfoundation.org to read more about cy pres or request a copy of our brochure.

Call for Nominations – 2009 DuRant Distinguished Public Service Award Recipients are nominated and selected by their professional peers, establishing this recognition as one of the most prestigious statewide award members of the Bar can bestow on a fellow attorney. Last year’s recipient was David L. Freeman with Wyche Burgess Freeman & Parham, PA. Selection criteria include meritorious service to the law and the community with eligibility limited to living members of the SC Bar. Sitting judges and current public office holders are not eligible; however, past service in such positions will be considered. The award recipient will be honored at the Bar Convention’s plenary luncheon in January 2010. The nomination form may be found at scbarfoundation.org or you may contact the office at (803) 765-0517 to request a copy. Nominations are due November 9.

$2.6 Million Awarded in GrantsDespite the 66% reduction in IOLTA revenues between FY 2008 and FY 2009, the Foundation is pleased to award $2.6 million in grants to 19 organizations that further our mission. The total grant funding level is possible due to a combination of IOLTA receipts, SC Bar Opt Out funds, utilization of reserves and donor support.

In the FY 2010 grant year, the Foundation plans to focus on recruitment and retention efforts for civil legal services programs. We also intend to discuss various technology training/education opportunities with our grantees. Finally, we are working on a mechanism to assist all grantees and the Foundation with marketing efforts. These themes will be topics at our grantee gathering in January 2010. Visit scbarfoundation.org/grantees.asp to learn more about our grantees who are working in the name of justice.

TRIBUTE GIFTSThe Bar Foundation acknowledges those who have made gifts in memory or honor of a colleague or friend of the Bar for the period May through August 2009.

IN MEMORY OF…Wilburn Brewer Jr.

T. Eugene Allen IIIKaren AustinJeanne M. BornCarol A. ChristianRonald B. CoxTerri Cromley CrossLori MartinSusan P. McWilliamsNikole MergoVickilynn MitchellShirley J. NealNexsen Pruet, LLCSuzanne G. OdomGayle OwenSamuel F. PainterRussell L. PhillipsJill C. PraterKathy L. ReneauJames P. RourkeStephanie B. SaleebyKathy Roland SigmonCarla A. Snow

Henry B. EstesJack D. Griffeth

Jennifer D. EvansGeorge B. CauthenHon. Howard P. King

Julian H. GignilliatR. Read GignilliatAngela L. Robinson

Mrs. R.M. “Kitty” Jefferies Jr.John O. McDougall

Senator John A. MartinHon. T.L. Hughston Jr.

Hon. Wade S. Weatherford Jr.Hon. T.L. Hughston Jr.

Mortimer Meyer “Rusty” Weinberg Jr.H. Hugh Rogers

Hon. David N. Wilburn Jr.Jane M. Randall

Levan J. WingateDaniel W. HayesTressa T.H. Hayes

IN HONOR OF…T. Eugene Allen III

Samuel F. Painter

Hon. Ralph King Anderson IIIRichland County Bar Association

Charles L. Griffin IIIHon. George M. McFaddin Jr.

Representative George M. Hearn Jr.Matthew T. Richardson

Justice Kaye G. HearnMatthew T. Richardson

Rebecca LaffitteMichael Watson

Hon. Margaret B. SeymourAlice F. Paylor

Robert S. WellsGeorge B. Cauthen

Hon. Karen J. WilliamsBarbara G. BartonMichael P. Horger

administration of Justice $Children’s Law Center ................................................ 66,353Law in Action .................................................................15,000The National Judicial College ..................................10,280Richland County CASA ............................................... 10,000SC Access to Justice Commission..........................86,700SC Bar Ask-A-Lawyer & Clinics Program ................82,041SC Center for Fathers & Families: Alternatives to Incarceration .............................88,040Upstate Community Mediation Center .................20,000

Civil legal aidCenter for Heirs’ Property Preservation ............... 75,414Citizens Opposed to Domestic Abuse (CODA) ..... 35,256Crisis Ministries Homeless Justice Project .........65,000LowCountry Legal Aid ............................................... 50,000SC Appleseed Legal Justice Center ..................... 150,000SC Bar Pro Bono Program .........................................90,487SC Legal Services ...................................................1,400,000Sistercare ....................................................................... 21,250

law related educationSC Bar Law Related Education Division ............... 273,571SC YMCA Youth in Government ................................15,000USC Pro Bono Program ...............................................37,700

Every $10,000 we raise means...• 19 more families can be provided legal aid when otherwise they could not

be helped.

• 38 people can receive direct benefits of legal aid. For example, they can avoid eviction or foreclosure or obtain protection from domestic violence.

• $32,000 in direct economic benefits can be generated including income to pay for food, rent, heat and transportation to work, savings to taxpayers as well as creating economic activity for businesses and jobs for working families.

or… • 75 students can participate in a statewide law-related educational

competition. A high percentage of students who participate in an LRE program go on to higher education with many pursuing careers in law. The economic benefit of this is tremendous.

If everyone does a little, the profession can do a lot. Please take a minute to join your colleagues — send in the form or give online.

SC Bar Foundation • PO Box 608 • Columbia, SC 29202The SC Bar Foundation, Inc. is a 501(c)(3) charitable organization and all contributions

are tax deductible within the limits of the law.

fall 2009

Gift Level q $1,000 Society of Justice

q $500–$999 Rutledge Patron

q $250–$499 Wright Patron

q $100–$249 JM Perry Patron

Designation (choose one)

q Apply my gift where it is needed most.

q Children’s Fund

q Disabled Lawyers Fund

PO Box 608, Columbia, SC 29202

Non-Profit Org.U.S. Postage

PaID Columbia, SCPermit No. 104

Give online via scbarfoundation.org.

Name: ___________________________________________________________________________________

Address: _______________________________________________________________________________

Phone: ____________________________ E-mail: ___________________________________________

Gift Amount $ ___________________ Please make checks payable to SC Bar Foundation.

q Brewer Professionalism Fund

q Tribute Gift (provide details on check)

q Young Lawyer Legacy ($300; member of YLD)

Foundation Officers and New DirectorsThe Bar Foundation’s 2010 fiscal year is led by the efforts of George M. Hearn Jr. of Hearn Brittain and Martin, PA as President. Toyya Brawley Gray of The Law Offices of Toyya Brawley Gray, LLC serves as President-Elect. Wallace K. Lightsey of Wyche Burgess Freeman & Parham, PA was named Secretary/Treasurer. The Foundation also welcomes three new Directors – Elaine H. Fowler of Turner Padget Graham & Laney, PA in Charleston, Robert L. Kilgo Jr. of the Kilgo Law Firm in Darlington and Walton J. McLeod III of Little Mountain.

GrayHearn Lightsey

$103,766 Awarded for Loan RepaymentThe Bar Foundation announces loan repayment awards exceeding $100,000 disbursed to 28 civil legal aid attorneys. This is the third year of LRAP awards from the Foundation, pushing all-time awards upwards of $420,000. One recipient stated, “every amount of assistance continues to help dig me out of what was a sinkhole before this program began.” Learn more about the Foundation’s LRAP at scbarfoundation.org/lrap.asp.

facts about law school debt for legal services lawyers:• national average debt of $80,000 • aggregate debt of SC applicants was $2.29 million• average debt of SC applicants was $82,000• highest amount of debt upwards of $169,000

Bar Foundation on the Go…Sept. 22 Presentation to Sisters of Charity BoardSept. 24 Presentation at Memory Hold the Door Committee meetingSept. 25 Presentation to SC Legal Services BoardSept. 30- Oct. 1 SC Women Lawyers Association Conference with

Justice Sandra Day O’ConnorOct. 8 SC Access to Justice Commission meetingOct. 13 Presentation at Central South Carolina Mensa MeetingOct. 15 Presentation at Charleston SC Women Lawyers Association LuncheonOct. 16 Presentation at SC Bar LRE Committee meetingNov. 6 Presentation at Richland County Bar CLE

March 11 – Save the Date – Gala 2010 Honoring the SC Bar’s Nifty Fifty

(visit scbarfoundation.org to see the honored class – the class of 1959)