Rule 1.15(h) of the S.C. Rules of Professional Conduct mandates that all lawyers with a trust account must file a written directive with their bank requiring the bank to report any non-sufficient funds (NSF) transactions. If you have an IOLTA account, please confirm with your bank that you have a directive filed. It is the duty of the lawyer to make sure this has been done. Do not assume that all banks do it automatically. If the Commission on Lawyer Conduct discovers an overdraft that was not reported by the bank, the lawyer may be disciplined for both the Rule violation that caused the overdraft and the failure to file a directive with the bank. If you need a form directive, you can find two online at PMAP forms.

The South Carolina Bar Ethics Advisory Committee has published a new Opinion, 11-05, referred to informally online by some commentators as the “Groupon Opinion.” The question asked by a SC Lawyer was:

Does a lawyer violate the Rules of Professional Conduct by contracting with a website to offer vouchers that can be purchased from the website and then subsequently redeemed for discounted legal services such as the preparation of wills?

The Committee opined that the use of “daily deal” websites to sell vouchers to be redeemed for discounted legal services does not violate the Rule 5.4(a) prohibition on sharing of legal fees, but the attorney is cautioned that the use of such websites must be in compliance with Rules 7.1 and 7.2 (advertising rules) and could lead to violations of several other rules if logistical issues are not appropriately addressed.

Be sure to read the Opinion in its entirety. The Opinions of the Ethics Advisory Committee are “…exclusively to members of the South Carolina Bar concerning ethical issues raised by the inquirer’s contemplated conduct not relating to a pending matter. This Committee has no disciplinary authority. Lawyer discipline in South Carolina is administered solely by the South Carolina Supreme Court through its Commission on Lawyer Conduct.” (Committee Rules of Procedure and Scope of Authority)

Did you know…?
• Employers in the United States are not obligated to offer any paid vacation
• Vacation is mandated by law in many other parts of the world
• Poll: Only 57% of U.S. workers use up all of the vacation days they’re entitled to
Credit: CNN Online.

Study after study shows the mental and physical health benefits of taking time off. It seems like common sense to me: if you’re tired and stressed, you’re more likely to make mistakes. On the one hand, a vacation is a chance to recharge your batteries and come back relaxed and with a fresh perspective on your job. On the other hand, you could come back to chaos: piles of unanswered emails and phone messages; crises un-handled, and even clients lost.

If you’re a sole practitioner, the idea of taking any time off probably frightens you. Here’s the perspective of one solo who learned that you can take vacation time, including tips on what you should do before you go. However, the author writes about the help his staff provides. What if you’re it – the only person in the office? Can you do it? Should you do it? Yes and yes. The secret is not only planning, it’s learning to let go and recognizing that you can’t control everything. You can manage it as professionally as possible, but eventually, you’re going to conk out. Working at the Bar, you notice the stories of lawyers passing away suddenly. You know the lawyers who suffered serious health set-backs. Life has a way of teaching us that we aren’t in control. Figuring out a way to take vacations helps us also figure out how to manage our practices better; plus, we learn something about planning for the future and when we’re no longer around.

It’s a cliché, but on your deathbed, are you going to think that you should have worked more?

Effective July 1, 2011, the South Carolina Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act, S.C. Code Ann. §§48-60-05 – 48-60-150, bans televisions, computers, computer monitors and printers from the solid waste system. To look for recycling options in your area, visit the E-cycle website here . Don’t forget to sanitize your computers, smartphones, copiers and other devices before you recycle them.

Let me make this perfectly clear: your business card says a lot about you. When I open the desk drawer with my Rolodex and piles of rubber-banded cards, it’s like pulling open a drawer of memories. (It also reminds me that I need to scan them with my Fujitsu ScanSnap and save them with CardMinder.)

In some cultures, it is considered correct business politesse to hold the card presented to you with both hands, observe it, and comment, before putting it carefully in your wallet.

I have my own rules for business cards, to wit:
• Make sure someone can read your card easily without glasses or a magnifying glass (the “over age 40” rule).
• If you use your domain name in your email address, make sure you also have a web page with that domain name.
• Send two business cards to each client at the close of your case and ask them to refer you business.
• Whenever you give your card, give three (one for that person and two for friends).
• Use both sides of the card – include your practice areas on one side, a map to your office, or a piece of advice.
• Make it unique and easy to spot.

Making your card unique and easy to spot is tricky in the rather conservative field of lawyering. You want the impression you make to be favorable, so keep that in mind before you get too wild and crazy. And if inexpensive business cards are what you seek, the Internet is a good place to go. Try Vistaprint, but don’t forget to give your local supplier a chance to compete.