Archive for October, 2011

Equitable Maxims – By Jim Koutrakos, Esq.

October 26, 2011

I was a speaker at the recent South Carolina Bench Bar CLE for the Masters In Equity in Columbia. Among the other speakers, I had the distinct pleasure of listening to Jim Koutrakos, Esq. give just a great speech on Equitable Maxims. What made this speech particularly exciting is that Jim was only given a very few days to prepare at virtually the very last minute but, nonetheless, produced a talk that was just excellent.

I am lucky enough to be able to post his outstanding power points from his talk (of course with his express permission) on Equity is Swell. I thank him for sharing with all of us his outstanding presentation.

This topic is particularly relevant and timely because the South Carolina Court of Appeals just decided a highly interesting case where they relied upon a number of equitable maxims to create an equitable lien and to grant that lien priority over a recorded mortgage.

Jim, thanks again for sharing this with others on this blog.    



Attorney As A Witness

October 18, 2011

October 18, 2011

Last Friday,  I was lucky enough to be in attendance and be a speaker, at the Equity Bench Bar CLE in Columbia put on by the South Carolina Bar. One of the topics, that I personally found so very interesting, is the rules surrounding when an attorney can be a witness and when an attorney is forbidden to be a witness. The speaker, was a very well-known South Carolina lawyer, John Nichols, Esq. and he was kind enough after the seminar to tell me that he would have no problem with me posting his materials on this website. So, I pass along John’s outstanding legal talk and his legal research on a topic that is always of some interest — when can an attorney become a witness? This question is far from academic as it regularly comes up in equity courts in mortgage foreclosures where there has been a default by the opposing party. Of course, it also comes up in other contexts as well as John’s materials discuss. I sincerely want to thank John for his granting me permission to share his excellent legal materials with others who could not attend the seminar.