SC Bar Foundation 2009 Annual Report

Annual Report 2009

BOARD OF DIRECTORS FY 2009

Frank B.B. Knowlton, PresidentNelson Mullins Riley & Scarborough, LLP, Columbia

George M. Hearn Jr., President-ElectHearn Brittain & Martin, PA, Conway

Toyya Brawley Gray, Secretary/TreasurerThe Law Offices of Toyya Brawley Gray, LLC, Columbia

John O. McDougall, Immediate Past-PresidentMcDougall & Self, LLP, Columbia

Pamela A. BakerMcNair Law Firm, PA, Columbia

Mark W. Buyck Jr.Willcox Buyck & Williams Law Firm, Florence

Beverly A. CarrollK&L Gates, LLP, Charlotte, NC

Jack D. Griffeth Collins & Lacy, PC, Greenville

Wallace K. LightseyWyche Burgess Freeman & Parham, PA, Greenville

Barbara R. MorganAiken

Flo Lester VinsonFolkens Law Firm, PA, Florence

Susan C. RosenRosen Law Firm, LLC, Charleston

Fred W. Suggs Jr.Ogletree Deakins Nash Smoak & Stewart, PC, Greenville

Frances Ricci Land WelchLand Parker & Welch, PA, Manning

NEW BOARD MEMBERS FY 2010

Elaine H. FowlerTurner Padget Graham & Laney, PA, Charleston

Robert L. Kilgo Jr.Kilgo Law Firm, Darlington

Walton J. McLeod IIILittle Mountain

PAMELA A. BAKERMcNair Law Firm, PAColumbia

Our mission is to fund the

advancement ofjustice by

improving access,education andaccountability.

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This year was challenging to say the least.

On one hand, the picture looks bleak – today’s IOLTA receipts are 80 percent lower thanour July 2007 peak. Last year, 96 percent of Foundation support came from IOLTA. For theupcoming year, without significant change, we easily will fall to the lowest revenues inthe history of South Carolina’s IOLTA program, generating less than $1 million.

Yet, there are many signs that point to the strength of your Bar Foundation – even inthis dismal economy.

n A three-year campaign to seek 100 new donors at $100 or more was successful! We engaged more than 300 new donors and generated $85,000 for the grantee community.

n $1.5 million of reserve funds were committed to provide stability when many grantee funders were unable to provide assistance at all.

n The third annual gala welcomed more than 250 guests and continued to raise the profile of the Foundation.

n Annual contributions from individual lawyers and firms increased by ten percent.

n We requested revision of Rule 412 to include rate comparability. If adopted, IOLTA accounts will be treated comparably with other similarly situated non-IOLTA bank customers. Adoption would also significantly increase revenues.

Despite the recession, your Bar Foundation continued to build upon an already-strongcornerstone. We know that there are major setbacks, in particular regarding IOLTArevenues, and that the impact of this time has been taxing for our grantees. We areconfident that we can move forward and continue to become a stronger Foundation evenin a time of uncertainty. It is, however, going to take everyone’s help.

We trust that you’ll continue to help us build upon that which is already solid.

Sincerely,

Frank B.B. KnowltonPresident FY 2009

Images of lawyers that you may know are featured in this report holding shovels, trowels,blueprints and bricks. Why? We want to stress the importance that lawyers play in strengtheningthe Bar’s philanthropic arm. Especially in this time of financial stress and historically low IOLTArevenues, we have to rely on members of the profession so that we can keep building andgrowing. Here are a few things that we are working on this year.

With our grantees we are developing –

n recruitment and retention efforts for civil legal services programs,

n educational and training opportunities in the area of technology, and

n a mechanism to assist all grantees and the Foundation with marketing efforts.

With IOLTA, we continue to –

n communicate with our financial partners through an e-newsletter specifically geared to IOLTA-related issues,

n watch FDIC developments so that we can educate account holders on updates and how they might affect IOLTA,

n seek higher interest rates – especially on large balance accounts, and

n educate both the legal and financial communities about the importance of this revenue source to South Carolina.

In an effort to encourage support of the Bar’s charitable arm, we are –

n developing a cy pres effort to generate additional dollars for our IOLTA grantees,

n planning for our largest-ever gala where we’ll honor the Nifty Fifty, the Legal Services Lawyer ofthe Year as well as the Pro Bono Lawyer of the Year, and

n taking every opportunity we can to talk about the Bar Foundation and the importance of your participation.

It is going to take each and every one of us to protect this Foundation and our 38 years of history.Grab a shovel and let’s keep working!

Sincerely,

George M. Hearn Jr.President FY 2010

Presidents’ Letters

George B. Cauthen

Karl A. Folkens

Michael J. Howell

Julian J. Nexsen

Robert P. Wilkins Sr.

Attorneys Liability Protection Society

Nelson Mullins Riley & Scarborough, LLP

Nexsen Pruet, LLC

Richardson Patrick Westbrook & Brickman, LLC

SC Defense Trial Attorneys’ Association

South Carolina Bar

These donors’ gifts to permanent Foundation funds, over the course of their lifetime, meet or exceed $10,000.

J. CALHOUN WATSON Sowell Gray Stepp & Laffitte, LLCColumbia

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T here’s alot to do — weneed your help.

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Stuart M. Andrews Jr.

Kenneth C. Anthony Jr.

Timothy W. Bouch

James G. Boyd

Beverly A. Carroll

J. Michelle Childs

Anne S. Ellefson

F. Earl Ellis Jr.

Elaine H. Fowler

Elizabeth Van Doren Gray

Jack D. Griffeth

Sue Erwin Harper

Steven C. Kirven

Lanneau Wm. Lambert Jr.

Marcus A. Manos

E. Windell McCrackin

David A. Merline

Stephen G. Morrison

Dennis E. O'Neill

G. Dewey Oxner Jr.

Edward P. Perrin

A. Marvin Quattlebaum Jr.

Benoni O. Reynolds

James H. Rion Jr.

Claude M. Scarborough Jr.

Richard W. Strobel

James A. Stuckey Jr.

Robert Julian Thomas

Bradish J. Waring

Thomas D. Waring

J. Calhoun Watson

Robert S. Wells

SC Association for Justice

Sowell Gray Stepp & Laffitte, LLC

These donors’ gifts to permanent Foundation funds, over the course of their lifetime, are between $5,000 and $9,999.

Building a stronger foundation involves reinforcing the bricks and mortar, thebasic building blocks that are so essential to the strength of an organization.

Donors help us build our Foundation each year – dollar by dollar. The ability to designate a gift to one of our many funds or give in tribute of acolleague makes the Foundation’s giving program ideal for those who wishto direct their gift to a specific source.

Tribute gifts are designed to honor a colleague today or memorializethem tomorrow. Donors who make tributes are listed, along with thehonoree, in the Foundation Brief as well as SC Lawyer. Publication ofnames in this fashion permits timely recognition of those honored.

Donors may choose to designate their gift to the Disabled Lawyers Fundwhich is designed to assist colleagues unable to work due to accident orillness. Through collaboration with the Bar, the fund serves as loanassistance for lawyers who enter rehabilitation to cover treatmentexpenses or expenses related to maintaining his or her law practice.

The Children’s Fund exists to support legal-related projects thatimprove the welfare of children.

Donors who direct funds to the Wilburn Brewer MemorialProfessionalism Fund help support professionalism efforts of theChief Justice’s Commission on the Profession.

Are you a member of the YLD? If so, you can be a part of the YoungLawyer Legacy. For $300 (just $25 a month), young lawyers canbecome a part of this distinguished group who are committed tosupporting the profession. Many young lawyer passions are representedthrough Foundation grantees, activities and initiatives. This monthlycontribution is less than most young lawyers spend on pizza and iscompletely tax deductible.

Tribute Gifts

Disabled Lawyers Fund

Children’s Fund

Brewer Fund

Young Lawyer Legacy

J.J. Wright Patrons ($250–$499)

J. Rutledge Patrons ($500–$999)

Kay F. BodenheimerThomas B. Bryant IIIMark W. Buyck Jr.J. Frank Cummings IIIPeter H. DworjanynFrank L. EppesMargaret D. FabriElizabeth Van Doren GrayToyya Brawley GraySue E. HarperJon René JoseyH. Spencer KingR. Bruce ShawNancy E. ShealyCarl L. SolomonJames R. ThompsonDebbie Todd-JonesMatthew TylerCarrington Salley

Baker Wingard

Lewis & Babcock, LLP Richland County Bar

Association Todd & Johnson, LLP

John B. Allen Jr.A. S. BahnmullerSusan B. BerkowitzMargaret Miles BluesteinJack P. BrickmanThomas L. BruceKathryn M. CookLeslie A. Cotter Jr.Nell H. FiggeDavid L. FreemanTanya A. Gee/

Christopher R. KoonE. Vernon F. GlennPaige J. GossettGlen A. Halva-NeubauerJohn J. HearnKaren L. HendersonBenjamin A. JohnsonMichael L. KaplanCraig N. KillenRebecca LaffitteWallace K. LightseyBonnie D. Loomis

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Stuart M. Andrews Jr.

Holly Saleeby Atkins

Barbara G. Barton

J. Edward Bell III

Timothy W. Bouch

James G. Boyd

Beverly A. Carroll

George B. Cauthen

J. Michelle Childs

Joel W. Collins Jr.

Anne S. Ellefson

Karl A. Folkens

Robert W. Foster Sr.

Elaine H. Fowler

William H. Gibbes Sr.

R. Read Gignilliat

Jack D. Griffeth

Kaye G. Hearn/George M. Hearn

Michael J. Howell

Harold W. Jacobs

Steven C. Kirven

Lanneau Wm. Lambert Jr.

Marcus A. Manos

E. Windell McCrackin

Julian J. Nexsen

Alice F. Paylor

Edward P. Perrin

A. Marvin Quattlebaum Jr.

Benoni O. Reynolds

James H. Rion Jr.

Susan C. Rosen

Shannon Willis Scruggs

H. Donald Sellers

James A. Stuckey Jr.

Fred W. Suggs Jr.

Charles W. Surasky

Bradish J. Waring

J. Calhoun Watson

Robert S. Wells

A. William Roberts Jr. & Associates

BB&T of South Carolina

Carolina First

Harper Lambert & Brown, PA

Robinson McFaddin & Moore, PC

SC Association for Justice

SC Bank & Trust

SC Defense Trial Attorneys’ Association

Southeastern Insurance Consultants, LLC

Turner Padget Graham & Laney, PA

UBS Financial Services – The Gallivan Group

These donors’ gifts total $1,000 to permanent Foundation funds over a one-year time period. Giftsgenerally are recognized for one calendar year after being paid in full. Donors who qualified for Societyof Justice status at any point during fiscal year 2009 are included below.

Building a stronger foundation takes timeand talents, but the job is easier when weall pitch in.

Justin O. LuceyAmy Landers MayJohn L. McCantsStephen R. McCrae Jr.John O. McDougallL. Henry McKellarWalton J. McLeod IIIDana C. Mitchell IIIBarbara R. MorganMonet S. PincusThomas H. Pope IIIJohn D. RovenTiffany R. Spann-WilderJames F. ThompsonJ. Ashley TwombleyEthel E. WeinbergFrances Ricci Land WelchRobin F. Wheeler

Krause Moorehead & Draisen, PA

Rosen Rosen & Hagood, LLC

DEBBIE S. MOLLYCHECK The Family Law Firm of Debbie S. MollycheckRock Hill

J.J. Wright Patronscontinued

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We arecounting on you.

TERRY E. RICHARDSON JR. Richardson PatrickWestbrook & Brickman, LLCBarnwell

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J. Boone Aiken IIILee S. AlfordGeorge I. AlleyDavid A. AndersonKenneth C. Anthony Jr.Charles L. Appleby IVTeresa Arnold-SimmonsKeith M. BabcockConnie L. BaranKimberly V. BarrJ. Michael BaxleyNancy H. BoocoPhyllis B. BurkhardE. C. Burnett IIIHerman S. Caldwell Jr.W. Harold Christian Jr.Suzanne E. CoeAndrew N. ColeRichard F. ColvinDavid J. Cooper Jr.G. T. Cooper Jr.Reginald P. CorleyRuth W. CuppJean Burkins CuretonHarry W. Davis Jr.Christopher R. DayDiane P. DeWittMartha B. DicusJames B. Drennan IIIP. Michael DuffyRhett C. DunawayRobert M. Ehrhorn Jr.Robert M. Erwin Jr.Linwood S. Evans Jr.Robert L. Felix

John C. FewRandolph FrailsRosalyn W. FriersonH. Mills GallivanL. Gray Geddie Jr.Michael D. GlennBenjamin GoldbergCharles S. Goldberg Jr.Perry H. GravelyThomas W. GreeneBaety O. Gross Jr.James S. GuignardCary H. Hall Jr.N. Bruce HollandW. Charles Hood Jr.Michael P. HorgerJames P. HudsonJohn D. HudsonHarry HugeT. L. Hughston Jr.James T. Irvin Jr.John E. JohnstonNathan Kaminski Jr.Walter R. KaufmannWilliam C. KeelsWilliam W. KehlLawrence KeittMichael D. KeysRobert L. Kilgo Jr.J. Ernest Kinard Jr.Marvin F. KittrellGrace G. KnieJohn C. Land IIIThomas D. LangleyThomas J. Leclair

Leigh J. LeventisE. Crosby LewisJames E. LockemyAngus H. Macaulay Jr.Carolyn C. MatthewsC. Gordon McBrideFrancis X. McCannHelen T. McFaddenM. Rita MettsDebbie S. MollycheckS. Kirkpatrick Morgan Jr.Stephen G. MorrisonJohn C. Moylan IIICarl F. MullerDanny H. MullisC. Tyson NettlesSamuel W. OuttenCynthia H. OuztsG. Dewey Oxner Jr.Henry L. Parr Jr.Dwight F. Patterson Jr.Rodney A. PeeplesJane M. RandallMatthew T. RichardsonTerry E. Richardson Jr.Marion S. RiggsLaura W. RobinsonAbigail R. RogersH. Hugh RogersRonnie A. SabbStephen T. SavitzMary S. SchroederJames M. Shoemaker Jr.Johnny SimpsonVon P. Snelgrove

J.M. Perry Patrons ($100–$249)T he

foundation has been laid — let’s make it stronger.

Other Supporters($50–$99)

Building a stronger foundation begins with a blueprint, a plan for creating a stronger, more vibrant Bar Foundation.

YOU did it! Thank you!The Foundation’s three-year campaign to seek 100 new donors at $100 or morewas successful! We engaged more than 300 new donors and generated $85,000in the effort to expand relationships within the Bar and resources for the granteecommunity. In this campaign a new donor was defined as someone who gave agift to the Foundation for the first time or who had not contributed a gift in morethan a one-year period. Those who helped us reach this third-year goal areincluded on pages 3 through 7.

Every $10,000 we raise means...

n 19 more families can be provided legal aid when otherwise they could not be helped.

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

n $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…

n 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 joinyour colleagues – send in your contribution via the enclosed envelope or giveonline – scbarfoundation.org.

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William P. Steele Jr.Michael StegnerJennie L. StephensScott F. TalleyMark C. TanenbaumRonald G. Tate Jr.Inez M. TenenbaumBarbara ThomasWilliam R. ThomsonHarold P. ThrelkeldRobert J. TinsleyThomas A. TrentLaura P. ValtortaFlo Lester VinsonCaroline N. WatsonThad H. WestbrookDaniel B. WhiteMarshall WinnRobert L. Wynn IIIFrederick M. Zeigler

The Dick James Law Firm Nexsen Pruet, LLC

Johnnie Virginia AndersonChristian M. Arden-JolyMary G. BakerA. Milling BlalockJames L. BlandJohn BowersM. Malissa BurnetteJames D. CallahanEugene J. CarronJ. Joseph Condon Jr.Robert V. DeMarcoArmand G. DerfnerSamuel L. FinkleaRachel S. FisherJoseph G. Francis Jr.Henrietta GillEric K. GrabenKenneth J. HagreenRobert W. Hayes Jr.Stephen J. HenryDanny M. HenthorneFrank S. Holleman IIIGeorge F. HolmanCharles E. HowardLeRoy P. HutchinsonCynthia B. HuttoFletcher M. Johnson Jr.Sandra H. JonesMatthew J. KappelTalley A. LattimoreTyre D. Lee Jr.W. C. McDow Jr.Joseph T. McElveen Jr.George M. McFaddin Jr.Juliette B. MimsLesley R. Moore

Mozella NicholsonKelly L. O'BrienSamuel F. PainterRobert PeithmanGary W. PoliakoffJames J. ReidCharles B. Ridley Jr.C. Joseph RoofMorris D. RosenWilliam L. Runyon Jr.George L. Sands Jr.Claude M. Scarborough Jr.James Q. SeiglerBarbara E. ShestkoJane O. ShulerSharon F. ShulerVeronica G. SmallBrian SmithStephen A. SpitzJohn M. Spratt Jr.Henry S. Sullivan IIIDavid E. TaylorJack D. ToddJohnnie M. WaltersRoger S. WatkinsC. Alice Whitesides/

Robert W. WhitesidesDavid W. WolfRobert P. WolfAmos A. Workman

The Foundation is committed to complete and correct donor listings. If an error has been made, weapologize and ask that you contactDee Sanders ([email protected])so that we may correct the listing.

J.M. Perry Patronscontinued

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Civil Legal Services $3,089,710Center for Heirs’ Property Preservation $115,622

Citizens Opposed to Domestic Abuse $41,500

Crisis Ministries $68,970

LowCountry Legal Aid $50,000

SC Appleseed Legal Justice Center $210,789

SC Bar Pro Bono Program $90,487

SC Legal Services $2,491,342

Sistercare $21,000

Law Related Education $584,416ABOTA Foundation $10,000

Furman University Mock Trial Program $19,330

Kershaw County Youth Court $7,500

SC Bar Law Related Education Division $494,886

SC YMCA Youth in Government $15,000

USC School of Law Pro Bono Program $37,700

Administration of Justice $452,333 Community Mediation Center $15,000

Law In Action $15,000

The National Judicial College $10,280

Richland County CASA $13,320

SC Access to Justice Commission $81,920

SC Bar Pro Bono $102,031Ask-A-Lawyer Program

SC Center for Fathers & Families $89,606

Upstate Community Mediation Center $45,000

USC Children’s Law Center $80,176

2009 Grant Cycle$4,125,459 total(IOLTA and SC Bar Opt Out funds only)

Civil Legal Services75%

Law Related Education14%

Administration of Justice11% For more details on grantee successes,

visit scbarfoundation.org.

Together, our civil legal aid grantees n Closed nearly 10,000 cases n Served more than 350 homeless men and women n Reached 21,000 through outreach events

Together, our law related education grantees n Touched the lives of more than 6,400 students from elementary school through law school

n Engaged 2,700 attorneys and judges as coaches, mentors, judges and role models

n Involved close to 8,000 teachers and/or school resource officers in LRE efforts

n Offered 19 grants to schools and 120 scholarships to individuals who otherwise might not be able to participate in an LRE activity

Together, our adminstration of justice granteesn Provided services to more than 1,538 children and

585 familiesn Assisted 3,443 individuals via clinics, phone banks and courses

n Engaged 1,243 lawyers and/or volunteersn Saved more than $1.8 million in jail costs n Generated $717,656 in wages n Made it possible for $219,702 to be paid in child support (arrears and ongoing)

When everyone workstogether, the Foundation becomes stronger.

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JENNIE L. STEPHENS Center for Heirs’ Property PreservationCharleston

THOMAS A. TRENT South Carolina Legal ServicesColumbia

W e’ve got theplans — we needyou to pitch in.

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Grantee Success Stories

…for our children – a guardian changes a life

At two years old, Rick’s life was already plagued withtragedy. His mother was carrying him in her arms on the wayto a doctor’s appointment. Before entering the office, afamily member shot Rick’s mother to death. Upon a lawenforcement investigation, Rick was placed in protectivecustody. A CASA guardian was assigned to Rick and workedtirelessly to help this child – in the dawn of his life. Throughthe CASA guardian’s intervention and persistent advocacy,Rick was able to receive services for Post Traumatic StressSyndrome, Play Therapy, Grief Counseling as well as athorough battery of health and well-being assessments.Without the advocacy from this experienced guardian, Rick’sstory very well could have ended with him being placed inrelative care with no follow-up services provided. Obviouslythe despair that he experienced at such a young age couldhave changed the course of his life. Thanks to his CASAadvocate, he has a chance to heal with a bounty of tools andresources available to him.

…for families– helping fathers help themselves

Craig was $20,000 behind in child support payments.Unemployed, without a driver’s license and battling alearning disability, Craig felt that he had little chance tofind a job that would help him meet his child supportobligation. He was court-ordered into the alternatives-to-incarceration fatherhood program in his county – Man 2Man. Upon completing an intake, the fatherhood staffestablished a treatment plan with Craig and acquired a jobfor him making $9.40 per hour. They also provided him dailytransportation.

Shortly thereafter, Craig was contacted by DSS. Two of hissons were being removed from their mother’s care due toneglect and abuse. With help from the fatherhood program,Craig was in a position to take temporary custody of the two boys.

At first, Craig was a little overwhelmed, but was better-equipped due to his team of helpers at Man 2 Man. Thefatherhood staff provided Craig with funds needed toreinstate his driver’s license and also helped him locate ajob closer to home so that he could be with his sons in theevenings. Craig is still employed, rents a three-bedroomhome with his two sons and remains active with thefatherhood program.

…for our profession– reflections from a former mock trial participant

“I’ve wanted to be a lawyer since the 3rd grade – at leastthat is as early as I can remember. My first major step washigh school mock trial. I learned dedication, commitmentand team-building skills. I learned how to work well withothers, even those who had a different point of view. Mycoaches taught me patience and, at the same time, tenacity.I learned how to read critically and search for answers. Ilearned reasoning skills and developed a logical perspective.

Just as I learned many skills that could translate into otherareas of my life, I also learned very specific skills dealingwith the law and legal practice such as rules of evidence,rules of procedure and how to make and defend objections. Ilearned respect for courtroom officials, proper courtroomdecorum and proper dress. I learned how to move about thecourtroom, to speak confidently and to win an argument.

Now, in my second year of law school, I fully realize theimpact that mock trial had on me. I think of the dedicationmy coaches had to the program. I think of all the friends Imade and all the trouble I stayed out of. I think of the workethic and drive that I have now. I am where I am todaybecause of mock trial.”

2009 Grantee GatheringThe Foundation held its second annual grantee gathering on January 6, 2009. Workshop topics included educational debtassistance, serving those with limited English proficiency and fundraising. The discussion and evaluations from thisgathering led the Foundation to its focus areas for the 2010 fiscal year: recruitment and retention efforts for civil legalservices programs, technology education/training needs and helping grantees with marketing efforts.

It is awe inspiringto learn of the scope ofactivities supported bythe Bar Foundation.” }“

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Ness-Blatt Loan Repayment Assistance Program (LRAP)In FY 2009, the Bar Foundation awarded more than $160,000 to 31recipients at five legal services organizations. The program initiallywas funded by a portion of a cy pres award. Recipients obtain loanforgiveness by completing a year of employment at a qualifyingorganization and making payments on their student loans equal tothe amount of assistance received. LRAP has had a significantimpact on its recipients.

“Receiving this assistance allows me to focus on what’s reallyimportant – helping others secure a place to live, get child supportand providing an overall ‘peace of mind’ for my clients.”

Facts about law school debt for legal services lawyers:

n National average debt of $80,000n Aggregate debt of SC applicants was $2.29 millionn Average debt of SC applicants was $82,000n Highest amount of debt upward of $169,000

What’s Next?In response to the fall in our main revenue stream, the Foundationwas forced to make very challenging cuts to grantees during the2009 current cycle – $5.4 million originally was awarded; mid-yearcuts resulted in $4.0 million in awards. The Foundation Board utilized$1.5 million in reserve funds to make the $4.0 million available.

Though this report focuses on 2009, the 2010 grant year continues tobe a challenge and the 2011 year could be even worse. For 2010, theFoundation allocated $2.6 million in funding – generated by IOLTA,SC Bar Opt Out funds, $1.0 million in Foundation reserves andgenerous donor support.

Will you help us minimize the negative impact that thesehistorically low IOLTA revenues will have for the granteeorganizations that work so hard to advance justice?

THAD H. WESTBROOK Nelson Mullins Riley & Scarborough, LLPColumbia

It is time to get to work!

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The Foundation welcomed

more than 250 guests to the Columbia

Convention Center on Thursday, March 12

in celebration of the Bar’s philanthropic

arm and the Nifty Fifty members

of the South Carolina Bar.

Clockwise from top left: Hugh and Maro Rogers; Charlotte and Joe Berry; Emma and Gavin Dean; Justice Kittredgeand Lila Kittredge; Bob and Barbara Thomas; Ruth Cupp, Fred Andrea, Irene Rudnick and Barbara Morgan; the NiftyFifty with John McDougall and Chief Justice Toal.

Gala 2010

Photo credit: RIM Photography

The Foundation has always worked in tandem with the financial community,encouraging banks that choose to participate in IOLTA to pay comparablerates on these valuable accounts. As the economy has declined, however,rates achieved through negotiation have fallen.

Across the country, IOLTA programs have studied changes in the bankinglandscape in the 20 years since the inception of IOLTA. To participate in this changed landscape, IOLTA programs have updated their rules so thataccounts receive treatment such as that received on similarly-situated non-IOLTA accounts. As of this writing, 28 states have adopted interest rate comparability.

In May 2009, the Foundation submitted a proposal to revise Rule 412 toinclude rate comparability. If adopted, IOLTA accounts will be treatedcomparably with other similarly situated non-IOLTA bank customers.Adoption could significantly boost IOLTA revenues as the economy heals.

Interest on Lawyer Trust Accounts (IOLTA) Program

Event SponsorSoutheastern Insurance Consultants, LLC

Bronze SponsorsBB&T

Carolina FirstA. William Roberts Jr. & Associates

South Carolina Bank & TrustUBS Financial Services – The Gallivan Group

Wyche Burgess Freeman & Parham, PA

Law Firm Table Sponsors Collins & Lacy, PC

Ellis Lawhorne & Sims, PAHaynsworth Sinkler Boyd, PAHearn Brittain & Martin, PA

K&L Gates, LLPLand Parker & Welch, PAMcDougall & Self, LLCMcNair Law Firm, PA

Nelson Mullins Riley & Scarborough, LLPOgletree Deakins Nash Smoak & Stewart, PC

Rosen Law Firm, LLCSowell Gray Stepp & Laffitte, LLC

Turner Padget Graham & Laney, PAWillcox Buyck & Williams Law Firm

Other SponsorsThe Coastal Breeze Party BandColumbia Printing & Graphics

Crescendo AdvertisingNational Bank of South Carolina

PrintSouthTrevett’s Mailing Service

Want to support Gala 2010? Contact (803) 765-0517 today!

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$7,000,000.00

$6,000,000.00

$5,000,000.00

$4,000,000.00

$3,000,000.00

$2,000,000.00

$1,000,000.00

$0.00

FY 06 FY 07 FY 08 FY 09 FY 10

Economy’s Toll on IOLTA Revenues

Thank you to our sponsors!

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David W. Robinson, 1980

Walton J. McLeod Jr., 1981

Robert M. Figg Jr., 1982

Thomas H. Pope, 1983

J.D. Todd Jr., 1984

Hugh L. Willcox, 1985

C. Bruce Littlejohn, 1986

Heyward E. McDonald, 1987

Charles W. Knowlton, 1988

E.P. “Ted” Riley, 1989

Augustine T. Smythe, 1990

Harry M. Lightsey, 1991

Terrell L. Glenn, 1992

A. Frank Lever, 1993

Morris D. Rosen, 1994

Ellen Hines Smith, 1995

Claude M. Scarborough Jr., 1996

Julius W. McKay, 1997

A. Lee Chandler, 1998

I.S. Leevy Johnson, 1999

William L. Pope, 2000

H. Simmons Tate Jr., 2001

Joseph H. McGee, 2002

Alex M. Sanders Jr., 2003

Eugene N. “Nick” Zeigler Jr., 2004

Ernest A. Finney Jr., 2005

Leo H. Hill, 2005

Julian J. Nexsen, 2006

B. Henderson Johnson Jr., 2007

Freeman’s Challenge: “…much to be done…ourneighbors will need our help…”

“I believe that all of us have a very important cravingfor service above and beyond the work we do strictlyfor pay. As officers of the Court, we fill needs for probono counsel to the poor and the disadvantaged thatfrequently cannot be met in any other way. Ourtraining as lawyers especially qualifies us forgovernment service. As lawyers, over time we canbecome trusted advisors, not just to our clients, but tothe community at large. It is in this role that we oftenfind our best chance to make a significant differencein the lives of our fellow citizens.” To view Mr.Freeman’s full remarks and his distinguished profile,please visit scbarfoundation.org/durant.asp.

Annually, the Bar Foundation heralds

an individual as the DuRant

Distinguished Public Service Award

recipient. Honorees 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. Selection criteria

include meritorious service to the law

and the community. Eligibility is

limited to living members of the South

Carolina Bar. Sitting judges and

current public office holders are not

eligible however, past service in such

positions may be considered. The

award recipient is honored at the Bar

Convention.

Photo credit: John Mann Photography The DuRant Legacy

2008 DuRant Distinguished Public Service Award

DAVID L. FREEMANWyche Burgess Freeman & Parham, PA

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South Carolina Bar Foundation, Inc.Statement of Financial Position For the year ended June 30, 2009

ASSETSCURRENT ASSETS

Cash and Cash Equivalents $ 2,164,417Investments 6,569,908Accrued Interest Receivable 91,354Pledges Receivable 8,598Prepaids and Other Assets 8,968 Furniture and Fixtures, Net 7,903

TOTAL ASSETS $ 8,851,148

LIABILITIES AND NET ASSETSLIABILITIES

Accounts Payable & Accrued Vacation $ 30,561

NET ASSETSGeneral Fund $ 1,079,497IOLTA Endowment Fund 3,715,265Foundation Fund 3,379,059

TOTAL UNRESTRICTED NET ASSETS $ 8,173,821

TEMPORARILY RESTRICTED NET ASSETSUnauthorized Practice of Law Fund 110,977Brent Reception 7,601Children’s Fund 47,776Disabled Lawyers Fund 95,626Historical Society 35,805Goldberg Scholarship 4,194Indigent Civil Defense Program 183,735Ness-Blatt Loan Repayment 100,795Wilburn Brewer Fund 60,257TOTAL TEMPORARILY RESTRICTED NET ASSETS $ 646,766

TOTAL NET ASSETS $ 8,820,587

TOTAL LIABILITIES AND NET ASSETS $ 8,851,148

South Carolina Bar Foundation, Inc.Statement of Activities For the year ended June 30, 2009

UNRESTRICTED NET ASSETSSupportIOLTA Income $ 1,910,593 Contributions 253,453

TOTAL SUPPORT $ 2,164,046

RevenueInvestment Income (Loss) $ (3,192,855)Other Income 36,108

TOTAL REVENUE $ (3,156,747)TOTAL SUPPORT AND REVENUE $ (992,701)

EXPENSESProgram ExpensesIOLTA Grants $ 4,043,522 General and Administrative 475,034

TOTAL EXPENSES $ 4,518,556

DECREASE IN UNRESTRICTED NET ASSETS $ (5,511,257)

TEMPORARILY RESTRICTED NET ASSETSContributions $ 212,179 Indigent Civil Defense Program 183,735 Net Assets Released from Restrictions (509,420)

DECREASE IN TEMPORARILY RESTRICTED NET ASSETS $ (113,506)

DECREASE IN NET ASSETS $ (5,624,763)

Net Assets at Beginning of Year $14,445,350

NET ASSETS AT END OF YEAR $ 8,820,587

IOLTA grants awarded in one fiscal year are based on IOLTA income from the prior fiscal year.

Financials

Name:

Address:

Phone: E-Mail:

Gift Amount: $ ________ (please make checks payable to SC Bar Foundation)

Designation (choose one):o Apply my gift where it is needed most.o Children’s Fund o Disabled Lawyers Fundo Brewer Professionalism Fundo Young Lawyer Legacy

($300 gift; member of YLD)o Tribute Gift in honor/memory of:

Name:

o Check here if honoree is a member of the Bar.

HOW DO YOU WANT TO HELP?

Q: How can I maximize my deduction andminimize gift details?A: Make a cash gift to the Foundation —your impact is IMMEDIATE. Want to do thatNOW? Visit scbarfoundation.org and clickthe “DONATE NOW” button.

Q: Can I make a larger gift and avoidcapital gains tax liability?A: Yes! Give appreciated securities —your gift can cost you less than thebenefit it delivers and you will avoid acapital gains tax.

Q: How can I make a gift that has futurebenefits, but doesn’t affect my currentassets?A: Put a bequest in your will — this costsyou nothing today, but gets you an estatetax deduction in the future.

Q: I have a life insurance policy that ispaid up. Can this help the profession? A: You can transfer the ownership fromyour name to the Bar Foundation andname the Foundation as beneficiary.

Remember the benefits that acontribution to the SC Bar Foundation canbring — not only to the legal profession,but also to your personal tax situation aswell. We recommend that you consult withyour tax advisor for assistance with anyform of giving.

For more information about your year-endgift to the Bar Foundation, please contactShannon Willis Scruggs at 803-765-0517or [email protected].

GIFT LEVELS:$1,000 Society of Justice

$500 – $999 Rutledge Patron$250 – $499 Wright Patron$100 – $249 JM Perry PatronSPECIAL LEVEL:

$300 Young Lawyer Legacy

Want to give on-line? Visit scbarfoundation.org and click on the “donate now” button.

CITY STATE ZIP

CITY STATE

BRADISH J. WARINGNexsen Pruet, LLCCharleston

A donor’s cumulative gifts to

permanent Foundation funds

over his or her lifetime also

are recognized at the $5,000

and $10,000 levels through

the Liberty and Justice

Legacies.

Dig in and help us!

}

}o I have included

the Bar Foundation in my will.

18

AMY LANDERS MAYRogers Townsend & Thomas, PCColumbia

CHRISTOPHER R. KOONThe Electric Cooperatives of SC, Inc.Cayce

SC Bar Foundation Administration

Shannon Willis Scruggs, Executive Director

Dee I. Sanders, Financial/Office Manager

Jennifer K. Brown, Program Associate

Juliana M. Sobey, Records Administrator

L et’s getstarted.

Non-Profit Org.U.S. Postage

PAIDColumbia, SCPermit No. 104

SC Bar FoundationPO Box 608

Columbia, SC 29202