Administrative Law
Local, state and federal administrative agencies impact citizens everyday. BQS attorneys have extensive experience in representing clients before administrative agencies and several attorneys have served as attorneys for state and political subdivisions, which gives them a unique prospective on the practical as well as legal aspects of government operations. The area of administrative law is constantly changing at every level with new rules, regulations and ordinances. BQS represents drug stores and pharmacists before the South Carolina Department of Health and Environmental Control.

Workers' Compensation
Workers' compensation is a statutory provision for limited compensation and medical benefits for workers who suffer work related injuries. The South Carolina Workers' Compensation Act requires that notice of an accident be provided to the employer within 90 days of the accident. BQS  obtained a favorable result for one of its clients when the Court of Appeals of South Carolina held that a report by the claimant's doctor faxed to the company nurse constituted sufficient notice under the statute. See Etheredge v. Monsonto Co., 562 S.E.2d 679 (S.C. App. 2002)

Corporate and Business Law
Many different issues, problems and opportunities face businesses, their officers and their owners every day. The lawyers of BQS have a long history of counseling and assisting their business clients in all aspects of business and corporate law. We have dealt with almost all the possible issues one can find in business and corporate law, from the formation of various business entities to their dissolution and all matters in-between. We have assisted large and small business entities in all manner of endeavors.

Examples of the business and corporate legal matters our attorneys handle include asset and stock sales and purchases, corporate finance, state and federal tax issues, regulatory issues, consumer issues, commercial real estate (purchase and sale), collections, administrative representation, bankruptcy and governmental relations. Regardless of our clients’ business needs, we at BQS feel we can fill them quickly and competently.

Mortgage Foreclosures
South Carolina is a judicial foreclosure state. When a mortgage loan is in default, a creditor may enforce its remedies by filing a lawsuit requesting the foreclosure of its mortgage. Often, the mortgage holder is required to send a notice of acceleration or a notice of right to cure to the borrower prior to instituting suit. Like all other suits, a mortgage foreclosure suit is filed and served on all defendants. The defendants, generally have 30 days to serve a formal answer or other response to the complaint for foreclosure. When the suit is ready for hearing, the case is generally referred to the Master in Equity or a special referee, who will schedule, notice and preside over a hearing on the merits of the case. A judgment of foreclosure and sale is routinely issued and a sale of the mortgaged property is scheduled. Most counties conduct sales on the first Monday of each month. There is no redemption period, and the sales are final on the day of the sale, unless the right to a deficiency judgment has not been waived by the Plaintiff. The mortgage holder may seek a deficiency judgment in the same suit as the mortgage foreclosure. This is a request that a money judgment be entered against the borrower should the net proceeds of the foreclosure sale be insufficient to pay the entire judgment debt. If a deficiency judgment is not waived, the sale must be held open for 30 days.

Collections
Collection actions involve both secured and unsecured debts. Creditors are allowed to try to collect money owed by any legal means. The remedies available include communications (letters and telephone calls), demanding payment, self-help efforts to repossess collateral (if such repossession can be accomplished peacefully) and lawsuit. Our involvement on behalf of creditors generally follows unsuccessfull collection efforts, and we are routinely requested to institute suit for collection. Such suits, like all other lawsuits, are filed and served on the defendants, who have 30 days to serve a formal answer or other response to the complaint. Unless the suit is contested, a judgment often can be requested without the necessity of a formal hearing. If the suit is contested, BQS generally will resort to written discovery and one or more depositions and, if warranted, a motion for summary judgment.

Estate Planning and Probate
With your death will come sadness for those who knew and loved you. Proper estate planning can assure that problems after your death do not compound your family’s grief. More importantly, if you have minor children it is vital that you make arrangements as to who will care for them if both you and your spouse have passed away.

The way to properly address these issues so they do not become problems after your death is to properly plan your estate. The first and most basic step in such estate planning is drafting and executing a Will. Whether your estate is large or small you should have a Will so that your wishes as to your children (if they are minors) and whatever property you have are handled as you wish. If you do not have a Will, the custody of your children may not be given to the person you would prefer, and the distribution of your property will be determined by South Carolina law,  which may not mirror your wishes.

With a Will, you can decide who will care for your children and how your property will be distributed. Your wishes can be memorialized in a Will so that the Personal Representative you choose will know how to distribute your assets.

Even if you have a Will, your heirs will still have to go to court to have the Will and estate probated, but having a Will makes the process less expensive and less time-consuming. Probate is the process by which your property is legally transferred to those you have named in your Will to receive property.

As with most of life, there may be significant taxes associated with death. Proper estate planning can reduce the amount of taxes that either your estate or your heirs will have to pay for what they receive from you. If your estate is large enough, you may want to consider special estate planning tools such as trusts and other planning alternatives to reduce your exposure to estate taxes.

Personal Injury
Our experienced lawyers have extensive knowledge handling personal injury claims representing plaintiffs and defendants. We handle each case to maximize favorable outcomes in a cost effective manner on behalf of our clients. In some cases, personal injury may involve other areas of practice such as workers' compensation and social security.

Social Security
While social security claims are often denied initially, many are successful after the hearing before the Administrative Law Judge. Whether a claimant is filing a claim or is in the appeals process, our attorneys can provide you with invaluable assistance. Since medical evidence is essential, it may be necessary to send a client back for further evaluation to the treating physician or obtain additional evaluation such as a Functional Capacity Evaluation to support a claim for disability benefits.

Condemnation and Imminent Domain
In 1987, the General Assembly passed the South Carolina Imminent Domain Procedure Act, which provided a uniform procedure for imminent domain or condemnation in South Carolina. It is also possible for there to be inverse condemnation, which is a taking of an owner's property without formal condemnation proceedings, such as diversion of water. If there is only a partial taking, the courts have recognized two methods for evaluating damages: (1) the "before and after" method and (2) fair market value of the land taken plus special damages to the remainder. In addition to just compensation, the landowner would be entitled to litigation expenses if the landowner is the prevailing party.

Business Litigation
BQS attorneys work with businesses to prevent and resolve commercial disputes, which can involve a variety of complex issues and parties:

• Breach of contract by employees or third parties
• Governmental regulation
• Insurance coverage
• Premises liability
• Tax
• Collections
• Real Estate
• Zoning
• Condemnation

The litigation attorneys involve other experienced attorneys at BQS for their insight and support. When the need arises, BQS can locate special consultants and expert witnesses.

Zoning and Land Use
There is new emphasizes on zoning and land use with the enactment of the South Carolina Local Government Comprehensive Planning Enabling Act of 1994. Zoning ordinances are the means by which municipalities and counties regulate the development of real estate and guide development in accordance with existing and future needs and promoting the public health, safety, moral, convenience, order, appearance, prosperity, and general welfare. See §62-9-710, Code of Laws of South Carolina. Several attorneys at BQS have been involved as attorneys for state and county government and understand zoning and land use from both the governmental and individual perspectives. In a recent case, a BQS attorney won a decision before the South Carolina Supreme Court involving a landfill and Newberry County's Zoning Ordinance. See Eagle Container Co., LLC v. County of Newberry, 662 S.E. 2d 733, rehearing denied (S.C. App. 2005), reversed (2008).

Real Estate Law
Real Estate - Residential
If you have ever purchased a home, you know there are many complex legal documents involved. When you decide to purchase a home, it is prudent to hire an attorney to review the contract, research the land title and handle the closing for you. Our experienced attorneys assist home buyers with the complex paperwork involved in a real estate closing or refinancing everyday. We explain the relevant documents to our clients and assure their property rights are protected.

The Real Estate Contract- Agreements to sell or buy land are not enforceable unless there is a written and signed contract. The buyer makes an offer on a home by signing a proposed contract. Once all parties have signed this agreement, it becomes a binding contract on all parties. An attorney should review this agreement prior to signing to make sure you understand your rights and obligations under the contract. All the terms of the agreement must be included in this contract since verbal agreements concerning the sale of real estate are not legally enforceable. We review real estate contracts to assure they accurately represent our clients' intentions and protect their interests. It is equally important for a seller to have a contract with the buyer, and we review and prepare such contracts and explain their meanings to our clients.

Dual Agents- The listing real estate agent represents the seller and does not necessarily represent the interests of the buyer. For that reason, if you are the buyer, you may want to hire your own real estate agent. In addition, the seller may have an attorney representing his interests in the closing and you, as the buyer, can agree to have the same attorney represent you in the closing. You have the right, however, to choose your own attorney to handle the closing. If the seller and the buyer use the same attorney, both should sign a multiple representation agreement.

Financing- Upon the signing of the contract, a buyer will be required to pay earnest money. This sum, along with a down payment, will be given as a credit towards the purchase price at closing. The remaining amount will need to be financed. The biggest concern most people have when financing a home is what their monthly payment will be. A monthly mortgage payment includes principal and interest on the amount financed as well as escrows. Escrows are amounts collected each month that go toward your annual property taxes and insurance premium. Some people are also required by the lender to pay into escrow mortgage insurance premiums. This protects the lender in case you fail to pay and is generally required if you finance 80% or more of the purchase price. There can be many fees required by the lender in a real estate closing. These fees should be disclosed to you prior to closing and carefully reviewed by your attorney.

Property Surveys- Most people do not like to go to the expense of obtaining an accurate survey prior to closing, but such a survey is vital to protect your property rights. A survey will disclose your boundary lines, easements, encroachments and improvements on the property. It is important to have this completed prior to closing so that the seller can be required to clear up any problems with the property’s title before closing.

Title Search- Your attorney will search the public records to ensure that the seller has a good title and can actually sell the property to you "free and clear." A title search will disclose the owners of the property, whether there are any liens, judgments or title defects affecting the property, and whether there are any restrictions or easements on the property.

Termite/HVAC Letters- All lenders normally insist, and a buyer should insist, that the seller provide proof that the property is free from termites and that the heating and air unit is operational. Documents confirming this (known as CL-100) should be provided by reputable termite company before closing. That way, any problems that need to be addressed before closing can be.

Hazard Insurance- All lenders require that the homeowner carry hazard insurance on the property, which lists the lender as a co-insured. This insurance will protect you from risks of loss and liability. Sometimes, flood insurance is also required if your property is located in a flood zone. Failure to carry any insurance required by the lender could be considered a default under your mortgage.

Title Insurance- Lender's title insurance is required by the lender to protect against defects in the title that were not discovered by a title search. The owner can also purchase owner’s title insurance to protect his interests. This is a one time premium paid at closing.

Real estate closings can be complex. Generally the necessary information and all documentation noted above must be collected and properly executed and recorded in a short amount of time. Buying a home is often the largest investment people make so it is important to have an experienced attorney handle your closing.

Real Estate - Commercial
BQS has many years of experience in representing sellers and buyers in connection with commercial and investment properties. We have represented banks, insurance companies and other lenders in the review and preparation of loan documents for loans to investors, corporations and individuals and at closings. We have assisted our clients with loans for revolving lines of credit, acquisition lines of credit, term loans and other types of loans from banks and other lenders. If your business needs assistance in purchasing or selling commercial real estate, our firm is ready and willing to assist.

Tax Issues
Regardless of whether you are rich or poor, a person, a corporation or some other business entity, it is certain that you have tax issues. Tax issues that can become tax problems if not dealt with correctly. These tax issues may require tax planning to minimize the payment of taxes or representation before the Internal Revenue Service (IRS) or the South Carolina Department of Revenue (DOR) to explain and defend why certain deductions or exemptions were claimed by a taxpayer. In a worst case scenario, it would involve criminal defense of a claim of tax evasion.

If this happens to you, you will need to understand how your adversary (IRS or DOR) is organized and how best to maneuver through the system. Our attorneys are here to explain the complex tax laws to you, assess your personal situation and get the best possible resolution for you.

One of life’s most dreaded experiences has to be an IRS audit. While your chances of being audited in any particular year is small, the odds of an IRS examination in your taxpaying lifetime is much higher. Further, it is estimated that at any particular time approximately 15% of all taxpayers owe back taxes. So clearly, problems with the IRS are not rare.

What should you do if you are contacted by the IRS or DOR about a problem? You should immediately contact an attorney to advise you on both the severity of the problem you face and how best to handle it. You will surely want representation if there is an audit. The sooner you obtain proper legal advice, the sooner your tax issue may be resolved, saving you money in the payment of interest and penalties.

One of the most frequent problems we see is the situation where the taxpayer owes taxes he cannot pay. In such circumstances it is wise to have an attorney negotiate the amount as low as possible and then come up with a payment plan. Payment plans are automatically granted to you if you have no prior problems with the IRS. Usually, you must pay off the balance of taxes owed within 36 months.

Of course, if you owe taxes you cannot pay, a payment plan agreement may not be best for you. One problem is you will have to pay interest and penalties that continue to accrue while you are paying. Therefore, you may want to see if you qualify for what is known as an "Offer in Compromise." An offer in compromise is a very formal and detail intensive procedure. There are various forms that must be completed as well as financial documentation that must be submitted to the IRS. This can be an exhaustive, time-consuming process. This is another area in which it is almost imperative to have legal counsel if not actual help.

Businesses have their own set of tax issues and face a myriad of special tax problems. These arise daily and involve everything from income taxes to payroll taxes and withholding issues. Your business may also be subject to sales tax. Whatever your tax problem, we stand ready to help you.

Elder Law
There are many problems and challenges facing the elderly under the best of circumstances. Failing bodies, minds and family support systems make the "golden years" a time fraught with fear and problems. Elder care issues arise over matters as diverse as taxes, hospital care, medical directive issues, conservatorship concerns, long term care and retirement. As America as a nation ages, these problems will become more rather than less acute.

As you or your loved ones age, you may want to consider possible solutions such as granting a trusted family member or friend to authorize through a durable power of attorney to manage your finances and make financial decisions for you to protect your assets and grant their authority to make health care decisions for you. If you need long term nursing care, you may need support from Medicaid. It is important to know how this will affect your estate and your property before you accept such Medicaid funds. You should plan these issues out now by either long-term insurance or investments if possible so as to protect as much of your future estate as possible.

Elder care law encompasses legal issues that relate to the long term care planning and funding for individuals and families. Such issues include Medicare, Medicaid, Social Security, long term care and disability insurance, estate planning, asset transfers, nursing home issues, powers of attorney and other issues affecting the aging and their families. It is vital that a strategy be in place to access all available federal and state support while having to give up as little as possible of the individual’s hard-earned property. Our elder care and estate planning attorney can provide such guidance and strategies.

The advice of a lawyer experienced in elder law would be helpful and wise for the elderly and their family before the time arrives to actually apply for government assistance and benefits.

Governmental Relations
Businesses and individuals often have needs that cannot be addressed adequately through the courts. Some clients have needs that can only be addressed through the legislative and executive branches of government. Some clients need representation before the General Assembly, the executive branch or agencies of the local, state or federal government.

Regardless of our clients’ governmental relation needs, we at BQS are always anxious to assist them in any matter affecting their relations with the government. During legislative sessions our attorneys maintain a daily presence at the Legislature to monitor and lobby pending legislation. We will, if the situation so dictates, meet with legislators and their respective staff, prepare information to submit at the subcommittee hearings, draft proposed legislature or amendments, negotiate with those adverse to our clients’ interest, and work alone or with others to draft legislation and build a coalition to assure its passage.

In addition to credibility and a standard of non-conflict of interest, the attorneys in the governmental relations division of BQS provides the following services:

Lobbyist Functions

Berry, Quackenbush & Stuart is involved with state government every day. We know how to find the legislators and their staff and the staff of various agencies and committees. We know where the meetings take place. We know the personalities and the "players without a scorecard". We are skilled at making the necessary presentations. We are pleased to have our clients visit in Columbia, however, we pride ourselves in being able to effectively represent a client's interest whether or not the client is personally present.

BQS is a member of a National Association "State Law Resources", which has a highly respected lobbying firm located in the State Capitol. We refer clients that need assistance in multi-state issues as well as before the U.S. Congress. Our D.C. contacts allow instant representation without having a D.C. firm on a permanent retainer.