South Carolina

Amber Fulmer: Welcome to the Direct Examination podcast. My name is Amber Fulmer.

Dayne Phillips: I’m Dayne Phillips.

Joseph Bias: And I’m Joseph Bias. We are here today for our second official episode. We’ve gotten the question and we will delve into this in more detail in the future—of why are we doing a podcast, and who we are. We wouldn’t want to deprive you, the listeners, of that valuable information.

My name is Joseph Bias. I’m the head of the litigation department here at Vernis & Bowling of Columbia. I do civil defense work. My background is first as a law clerk, then a public defender, and then into private practice. The purpose of us doing this podcast is twofold: one, to have a conversation with the general public and elucidate some of the things that lawyers do; and secondly, for us to learn about what other interesting lawyers do.

Amber Fulmer: I am Amber Fulmer. I work at the Moore Taylor Law Firm in West Columbia. I’m a graduate of USC, both for undergrad and law school, and I went straight into private practice. I do all domestic work, which mainly focuses on divorce, child custody, child support, modification of agreements, and serving as a guardian ad litem. Additionally, I handle cases with DSS, adoptions, and termination of parental rights.

Dayne Phillips: And I’m Dayne Phillips. I’m a criminal defense attorney. I also do appellate work and professional licensing defense with Price Benowitz here in Columbia. One of the reasons why we got together to start this podcast is to focus on South Carolina lawyers and pull back the curtain on what lawyers do and how they help people on a daily basis.

Our guest today is John Nichols. He is the Disciplinary Counsel of the Office of Disciplinary Counsel, affectionately referred to as ODC. A few little-known facts about John: he graduated high school at 16 years old, finished college at Francis Marion University at 20 with a mathematics degree, worked for four years before law school, served as a staff attorney at the Court of Appeals for a decade, co-founded Bluestein, Nichols, Thompson & Delgado, served on the Board of Law Examiners, and served on the Commission on Indigent Defense. He is also the co-author of the Trial Handbook for South Carolina Lawyers. Welcome, John.

John Nichols: Thank you, Dayne, Joseph, and Amber. Thank y’all for having me here.

Joseph Bias: As someone who used to grade bar exams, can you give some quick tips for law students listening?

John Nichols: I can. We are now in the uniform bar exam (UBE) era in South Carolina. Number one, go to the National Conference of Bar Examiners website to see actual past exams and get an idea of how to do the Multi-State Essay Exam and Multi-State Performance Test. You are taking the exam toward a “cut score”—South Carolina selected 266. The key benefit of the UBE is mobility: if you achieve a portable score, you can transfer it to other participating jurisdictions.

Dayne Phillips: You also worked at the Court of Appeals with Judge Alex Sanders. What was that experience like?

John Nichols: I worked there as a staff attorney from 1986 to 1993 and Chief Staff Attorney through 1996. I clerked for Judge Sanders, Judge Bell, and retired Chief Justice Littlejohn. Working with Judge Sanders led to co-authoring the Trial Handbook for South Carolina Lawyers.

Dayne Phillips: Is there something you learned from your time on the appellate side that practicing lawyers should know?

John Nichols: Don’t be afraid of the appellate court. It’s an opportunity to talk with three or five very smart, prepared judges who are interested in your case. My goal during oral argument was always to get the first question within the first minute so I could address what was concerning them. Also, never do an appeal without pulling out your rulebook. Always start with the rules.

Dayne Phillips: Now you are leading the Office of Disciplinary Counsel (ODC). For non-lawyers, can you explain what ODC does?

John Nichols: The Office of Disciplinary Counsel was created as an arm of the Supreme Court to handle complaints involving lawyers or judges. We receive several hundred complaints a week. Most are dismissed if there is no allegation of a rule violation. If an investigation is opened, we send notice, evaluate the response, and determine if we can prove a violation by clear and convincing evidence. The ultimate goal of lawyer discipline is protecting the public and maintaining faith in the legal system.

Amber Fulmer: What are the most common mistakes or complaints you see at ODC?

John Nichols: Communication. Return phone calls or have staff return them. Second, document your file meticulously. A well-documented file is your best defense against a complaint. Third, if you maintain a trust account, strictly follow Rule 417 and perform monthly four-part reconciliations.

Also, if you receive a confidential inquiry letter, don’t panic. Don’t write a poison-pill email. Hit the delete key, seek counsel, and respond calmly.

Dayne Phillips: What advice would you give a new or young lawyer starting out?

John Nichols: Know that you are not alone. Everyone starts somewhere. Reach out to mentors, talk cases over with colleagues, and utilize bar resources like the Above the Bar program and Lawyers Helping Lawyers. The legal community is a support network.

Joseph Bias: Thank you so much for being with us today, John.

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follow Dayne @SCCrimLawyer, Amber @actredjudicata, and Joseph @JosephPBias.

Send us your questions at directexaminationpodcast@gmail.com. We’ll see y’all next week!