In South Carolina, a notary public is a person authorized by law to administer oaths. An oath is a sworn statement in which someone, under penalty of perjury, confirms the truthfulness of the information contained in the statement. A notary's powers include performing marriages and acknowledging signatures on deeds, car titles, affidavits and other sworn statements. A notary's authority is only valid in South Carolina, which means you cannot notarize a document if you happen to be in another state at the time. Notarizing a document is something to be taken very seriously, especially these days where fraud runs rampant in real estate closings and other financial transactions. You must personally know the person whose signature you are notarizing or you must require proof of identification such as a driver's license or passport. You also must assure to the best of your ability that the person is mentally competent to sign (e.g. not intoxicated, not suffering from dementia, understanding the nature of the transaction). NEVER notarize a document for someone as a "favor" when you did not see the person giving the oath sign the document or personally confirm to you that it is the person's signature on the document. If you notarize such a document you have committed a criminal offense and can be fined up to $200.00 or sentenced for up to 30 days in jail. Upon conviction, your notary commission is forfeited and you can never receive another one. In addition, you can be sued civilly in court for any damages caused to someone as a result of your notarizing the false document. Some things just aren't worth the risk. This is certainly one of them.
Almost everyone has heard the age-old legal adage, "Anyone who represents himself has a fool for a client." When you prepare your own will you are representing yourself and you - please forgive us - are a fool of a client. One of the most important legal documents you will ever sign is your will. We have seen many cases in the Charleston, S.C. area where self-made wills were either invalid altogether, did not accomplish the decedent's goals, or caused the probate process to be more expensive. Although you may think it is a simple process, it can be very complicated. South Carolina law requires that two people must witness you signing your will. If you only had one witness or no witnesses then your will is invalid. If either of the witnesses is a child, or the spouse of a child, what effect does that have on the will? Does South Carolina law allow your executor (officially known as "personal representative") to sell your real estate without a court order if you did not include such a power in the will? What happens to the share of a beneficiary named in your will who predeceases you? Did you name an alternate executor in case your first choice cannot serve? Are life insurance proceeds controlled by your will? Did you establish a trust in your will to handle the money for a beneficiary who might be too young to receive an inheritance outright? If you can't answer all of these questions, you need a lawyer. Wills prepared by competent attorneys are usually relatively inexpensive. The risks involved in preparing your own will far outweigh the costs of having a lawyer prepare it for you.
A wise old criminal lawyer once said: "I have never lost a case, but I have had many clients who lost them on their own." What he meant was that clients often do not know when to keep their mouths shut. There are many good reasons that the right to remain silent is one of the founding principles of our criminal justice system. Law enforcement agents use many tactics to get you to make incriminating statements, whether oral or written. Often what you say you said or what you meant to say will differ from what the police say you said or how your written statement, often drafted by a police officer, reads. This is most important when you are the target of a criminal investigation or if you have been arrested for a crime. We have seen many DUI cases lost in the Charleston area because of statements made by defendants on videotape at the scene or later at the police station. An important rule to follow is do not make any statements, either oral or written, to law enforcement agents without talking to your attorney first.
There are many large and small businesses in the greater Charleston, S.C. area operating behind the shield of limited liability protection afforded by a corporation or limited liability company. This means that in many circumstances the owners of the company will not be subjected to personal liability if the company is sued for damages in cases such as breach of contract or personal injury. However, to benefit from the limited liability protection afforded by a corporation or a limited liability company, South Carolina law requires that the company comply with certain legal formalities or risk losing that protection. The loss of the limited liability protection is commonly referred to as "piercing the corporate veil." Whether a plaintiff is allowed to look behind the company and sue the individual owners for personal liability depends on a number of factors. One important factor is keeping the company record book up to date. At a minimum, annual meetings should be held and documented. In lieu of an actual meeting, the law allows a written consent to be used so long as all of the company's owners sign the consent. Also, meetings or consents should be used when approving any major action by the company. Please call us with any questions.
They say oil and water don't mix. The same can be said, legally speaking, of minors and alcohol. The legal drinking age in South Carolina is 21. If you are convicted of underage possession or consumption of alcohol, in addition to paying a fine or facing jail time for the criminal offense, here are some of the ramifications you may not be aware of:
Your driver's license is suspended for 120 days for a first offense and one year for a second offense, even if you were nowhere near a vehicle at the time of the arrest!
You are ineligible for state scholarship tuition grants for college if you are convicted of a second offense.
The conviction goes on your arrest record.
Your mug shot and fingerprints along with your arrest and conviction are entered into the national crime prevention data base.
Additionally, it is a crime for an adult to provide alcohol to minors. Also, the adult can be sued if someone is injured because of the fault of an intoxicated minor to whom the adult provided alcohol.
Lending your driver's license to a minor, a minor presenting a false driver's license, or a minor trying to obtain a fraudulent driver's license as ways to circumvent the drinking age restriction are all serious offenses and result in the suspension of your driver's license.
