South Carolina Injury Law Journal - Anderson and Greenville Lawyer & Attorney Workers' Compensation Cases, Product Liability Lawsuits, and Accidents

This article was brought on by two separate contacts I had with friends inquiring about the satisfaction and enjoyment I obtained from doing my job. Both of these friends were fellow attorneys but working in different specialties. I was honored to be contacted by them because they are both hard working and intelligent individuals with what would appear to be great jobs. I was a point of reference as someone that truly enjoyed what they did and appeared to gain fulfillment, or satisfaction, in doing their job. That had not always been the case for me and I was delighted to know that my subconscious behaviors had eluded to the happiness in my life.

Even when I passed the SC Bar and became an attorney, my biggest goal was to pay my $125,000.00 in student loans off in three years (before I turned 30). All I worked for was money and how I could make more of it. I was looking past the people I could help, the experiences I could get, the good things I could do with my professional status, and the hard working reputation I could build. I also was fueled by hatred for insurance companies and how they had treated myself and my family when we were going through rough times (cancer). I would take my work home with me both figuratively and literally. I lived and breathed law and when I could not get any reprieve from it, I would drink until I could not think about it anymore.

I was miserable and hated who I was, what I did, and why I had not done more with the extra years I was given. Then I stopped beating myself up, stopped thinking about only myself, stopped worrying about trying to fit my whole life in what I thought was only 3 more years of living and just starting having fun. I realized I had to put my faith in myself to do the right thing instead of other people. I also concluded that whatever happens, happens and I can not control other people. The Serenity Prayer is not solely for alcoholics. It's great for every day application for anyone. Life is so simple if you just allow it to be.

I had felt my life was in a rut and I never wanted to live like that given the second chance at life I had been given. I always wanted to travel the world, sail the seas, be in movies, date models, and live on islands. However, I also wanted to help people, earn a higher educational degree, and run my own company. In choosing the higher educational degree, I failed to think about who would pay for it and how much it would cost in resources and time.

Now that the student loans are paid down to free money (federal loans at 1% interest) and I have enough investments to pay off my debts, I guess it is time to travel the world, sail the seas, be in movies, and live on islands.   I already consider the girls I date to be more beautiful than models, if not models themselves. ; )

Or, I could continue to do what I enjoy: helping people, suing insurance companies, and getting paid to do it. 

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An interesting thing happened while I was sitting and enjoying live music by Swift Robinson at the Esso Club in Clemson, SC after the Clemson vs. Wake Forest game; a girl at our table pulled out a breathalyzer to test everyone's alcohol level.  Several people at the table registered double the legal limit and thought it was funny because they felt they could still operate a 5,000 lb vehicle on the roadways of South Carolina. Fortunately for my friend, I was not drinking but the couple that had pulled out the breathalyzer later left together and drove home (even though they both registered over the legal limit).

This happens in every state, college town, social scene, professional night out, etc. We have all done it and I am not one to point fingers without admitting to my own ignorance in getting behind the wheel when there could be a question as to my level of impairment.  However, what none of us think about are the consequences of killing someone and going to jail for an innocent night out for a few drinks. I never thought about it and thank God everyday that as dumb as I have been on occasions, I have been fortunate enough to only harm myself. (fortunate compared to the alternative).

I am willing to bet the two drivers that got charged with felony DUI's this past weekend in the upstate did not think they would kill someone when they got behind the wheel.  YET THEY DID.

• Douglas Dodgens, 52, was taken to Greenville Memorial Hospital where he was pronounced dead.  The 30-year-old driver of the car that hit Dodgens’ car was charged with felony driving under the influence. -as reported by The Greenville News;
• Zion Faith Mills, 17-year-old Lyman girl, was killed and five people were injured in a wreck outside Greer. The driver in the one-vehicle accident has been charged with felony driving under the influence. -as reported by The Greenville News.

My buddies in New York are amazed at the amount of drinking and driving down South and attribute it to our lack of knowledge in using public transportation.  I often refute that public transportation is not as readily available down here as up there but nonetheless, they are right.  Call a cab, friend, or just have a sober driver.

Felony DUI charges are not cheap to fight, civil lawsuits and settlements against the at fault driver's insurance company are not going to replace the lives lost, and jail is considered a punishment because no one wants to be there, neither do you.

Be smart, spend $20-50 on a taxi vs. $30,000 on a criminal defense attorney and living with the knowledge of what you have done to someone and their family.

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The Greenville News reported:

The South Carolina Supreme Court dismissed disciplinary charges Monday against an Upstate personal injury lawyer known for his catchy television ads, putting an end to a years-long legal battle over whether one of the attorney’s ads aired years ago made misleading promises about protecting jobs.

This investigation arose out of a letter from an anonymous complainant (most likely a competitor) that argued an advertisement Joel Bieber began running in December of 2003 left the impression that hiring Bieber would mean a client wouldn't lose his job. 

Joel Beiber's ad stated this:

It's not your fault that you were hurt on the job, but I know you're afraid to file a job injury claim. You're afraid your boss won't believe you're really hurt, or worse, that you'll be fired. We'll protect you against these threats and these accusations and work to protect your job.

Bieber, who pulled the ad following the complaint, stated that the ad asserted only that he would work to protect a job and offered no guarantees.

All lawyers, more specifically as it pertains to advertising personal injury lawyers, must adhere to the Rules of Professional Conduct. Those Rules specifically outline communications lawyers can make as to their services.

A lawyer shall not make false, misleading, deceptive, or unfair communications about the lawyer or the lawyer's services. A communication violates this rule if it:

(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law;

(c) compares the lawyer’s services with other lawyers’ services, unless the comparison can be factually substantiated;

(d) contains a testimonial; or

(e) contains a nickname, moniker, or trade name that implies an ability to obtain results in a matter.

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At some point every male that participated in the Outstanding Men of Greenville Bachelor Auction  last night was propositioned, pinned, cajoled, and otherwise guilt tripped into helping out for a good cause by Shay Hewitt.  I got caught when I was hanging out at the bar at Rick Erwin's after a sales pitch by Chris Norton of Walton International. Ms. Hewitt came over working the crowd and discussing the amazing things that she has been involved in with her designing and event planning for good causes.

Next thing I know, I am at Sassafras in Greenville walking in front of a bunch of women with wine and other drinks trying to raise money by auctioning off myself. Fortunately for the fundraising part of this event, all was not lost and even I brought in several hundred dollars in bidding. I didn't even have to give the signal to my cousin in the crowd to keep me from going too low. ( I had provided her with crisp 100's to assist with a recession like market).

This week is/has been full of charity events and pro bono opportunities. (Don't forget about the YMCA's Blue Jean Ball for Camp Greenville). It's good timing for giving back considering the recent passing of a local physical therapist, Scott Shuey. A man that lived his life in such a way to make you envy the purity and goodness of it.  Scott worked several doors down from my office and I would see him come in after receiving both his diagnosis and subsequent treatment. He went from a physically fit man to a physically fit bald man. He continued to do the things he loved and garnered the love and support of his community as his positive spirit and triumphant attitude reigned supreme.  Then news came from MD Anderson that all had been done that could be done. Scott returned back to his earthly home before returning to his heavenly home.

This week has been hard for me as a cancer survivor.  I am reminded of my mortality, my second chance at life and the most precious thing of all...... time.  The extra time I have been given to share with those I love. The extra time I have been given to help those in need. The extra time I have been given to make a positive impact on this world. 

But the one who does not know and does things deserving punishment will be beaten with few blows. From everyone who has been given much, much will be demanded; and from the one who has been entrusted with much, much more will be asked. Luke 12:48

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