Firm Resume

The firm represents school district clients in two specialized areas of practice:

• General Education Law, providing advice and counsel to school districts

• Litigation, defending school districts and their insurers in administrative proceedings and in state and federal court actions

The firm also practices in the area of Employment and Labor Law, assisting private and public sector employers regarding their labor relations and employment matters.

The specific legal services our firm provides include, but are not limited to, the following:

1. Employee relations, including matters related to certificated and classified personnel, such as documentation, evaluation, and termination; grievances; and Equal Employment Opportunity complaints.

2. General legal matters involving students, including attendance requirements and student discipline.

3. The education and discipline of students with disabilities pursuant to the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.

4. Federal laws and regulations such as the Family Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), Family Educational Rights and Privacy Act (FERPA), and civil rights laws.

5. Building programs, including review of architect, contractor, and construction management contracts and representation in construction related disputes.

6. Reapportionment and other election law matters.

7. School finance, including the requirements of the South Carolina Education Finance Act and Education Improvement Act.

8. State laws and regulations, such as the South Carolina Freedom of Information Act and the South Carolina Ethics Act.

9. Board policy and administrative regulations, including policy recommendations and review.

10. Staff development related to education law issues.

11. School district relations with governmental entities, including county councils, county legislative delegations, the State Department of Education, the State Retirement System, the U.S. Department of Commerce, and the State Attorney General's Office.

The firm publishes a monthly Issue of the Month to provide clients with information related to significant developments and current issues in the area of education law.

The partners of Duff, White & Turner, L.L.C. formerly were affiliated with the firm of Childs and Duff, P.A. and have extensive experience in the representation of school districts. The partners and associates currently represent school districts around South Carolina in matters related to personnel, student personnel, special education, board-superintendent relations, school finance, school construction, and other legal matters pertaining to school districts. Biographical summaries of the firm's attorneys are set forth below.

IV. ATTORNEY BIOGRAPHIES

• David T. Duff, B.A. cum laude, with High Honors, Kenyon College (1971); J.D., Temple University School of Law (1975); LL.M. in Labor Law, New York University School of Law (1977). Mr. Duff is certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law. He is a former Chairman of the Court's Employment and Labor Law Specialization Advisory Board. Mr. Duff was a founding shareholder of the firm of Childs & Duff, P.A. In the education law area, Mr. Duff's focus is upon student and employment matters generally, problems related to the education and discipline of disabled students, school construction, and school finance.

• Andrea E. White, B.A. cum laude, Clemson University (1984); J.D., University of South Carolina School of Law (1988). While in law school, Ms. White was a member of the Robert F. Wagner Labor Law Moot Court Team. For six years, she served as the State Coordinator for the High School Mock Trial Competition sponsored by the South Carolina Bar which involves high school students around the state. Ms. White practices in all areas of education law, with an emphasis in personnel, student discipline and special education matters, and has extensive experience in the litigation of employment cases in state and federal court.

• M. Jane Turner, B.A., University of North Carolina at Chapel Hill (1978); M.Ed., University of South Carolina (1983); J.D., Wake Forest University School of Law (1987). Prior to attending law school, Ms. Turner worked as a program specialist with the South Carolina Department of Education. She also has served as an assistant professor, director of academic services, and adjunct professor at Winthrop University; as an adjunct professor at the University of South Carolina; and as a Program Director and Deputy General Counsel with the South Carolina Department of Education. Ms. Turner practices in all areas of education law, with an emphasis in personnel, policy development and board/superintendent relations.

• April W. Sampson., B.A., Washington University (1995); J.D. University of South Carolina School of Law (1998). While in law school, Mrs. Sampson was on the Products Liability Moot Court Team. As an attorney, she has worked in the areas of special education and disability law for Protection and Advocacy for People with Disabilities, and she most recently was the Deputy Public Defender for the Richland County Public Defender's Office.

• Breon C. M. Walker, B.S., University of South Carolina Honors College (2000); J.D. Emory University School of Law (2003). While in law school, Ms. Walker was an active member of the Black Law Student's Association, and recipient of the Custer/Tuggle Award for Excellence in Family Law for the Class of 2003. After graduation from law school, Ms. Walker clerked for the Honorable Reginald I. Lloyd, South Carolina Circuit Court Judge, 5th Circuit. Prior to joining the firm, Ms. Walker worked at the South Carolina Office of the Attorney General.

• Meredith L. Seibert, B.S. in Business Administration, magna cum laude with honors from South Carolina Honors College (2002), J.D. University of South Carolina School of Law (2005). While attending law school, she worked as a law clerk with Duff & White, L.L.C. Ms. Seibert was raised in Rock Hill, where her mother is employed by Rock HillSchool District Three as a middle school principal. She practices in all areas of education law.

• G. Reid Quattlebaum, Jr., B.A. cum laude, Clemson University (2001); J.D. University of Maryland School of Law (2004). While in law school, Mr. Quattlebaum participated in the Education Law Clinic as a student attorney during which he handled special education matters in the Baltimore City School District. He also clerked with the Maryland Office of Administrative Hearings where he participated in special education and other school and employment related hearings. Mr. Quattlebaum was raised in Manning, S.C., where he attended Manning High School. His father served on the Clarendon County School District 2 Board of Trustees.

• Katherine E. Ray, B.A., Political Science, magna cum laude with honors, University of South Carolina Honors College (2003); J.D., University of South Carolina School of Law (2007). Prior to attending law school, Ms. Ray worked as a paralegal in the area of real estate law. While in law school, she served as the Associate Justice of Administration for the Moot Court Bar, in which she was ranked in the Order of the Barristers and awarded the Best Brief. Ms. Ray's father is employed by Spartanburg School District Three as Superintendent and her mother is a retired educator. Ms. Ray practices in all areas of education and employment law.

• Karen E. Lear, Of Counsel, B.A. magna cum laude, Coker College (1998); J.D. University of South Carolina (2000). As a student at Coker College, Ms. Lear received the Algernon Sydney Sullivan Award for academic achievement and commitment to public service. She serves on Coker College's Board of Trustees, and is President-Elect of the College's Alumni Board. While in law school, Ms. Lear was an officer in the Christian Legal Society, and was honored with a Pro Bono Service Award in 2000. Prior to attending law school, she worked in business management, with an emphasis in Human Resources management and corporate training. Ms. Lear practices in the areas of education law and employment law.

All principals of the firm are admitted to practice law before the state and federal courts of South Carolina and the U. S. Court of Appeals for the Fourth Circuit. In addition, Mr. Duff is admitted to practice before the U. S. Court of Appeals for the Sixth Circuit and the U. S. Supreme Court.

The firm enjoys a rating from Martindale-Hubbell Law Directory of "AV", which is the highest rating in the categories of legal ability ("A") and ethical standards ("V") that a law firm may receive.

V. PROFESSIONAL AFFILIATIONS

Members of the firm support and participate in the following professional organizations:

Education: National School Boards Association, South Carolina School Boards Association, American Association of School Administrators, South Carolina Association of School Administrators, Education Law Association, National Council of School Attorneys, National Association of College and University Attorneys

Litigation: Defense Research Institute, South Carolina Defense Trial Attorneys Association, South Carolina Claims Managers Association

Attorneys of the firm are members of the American Bar Association, the South Carolina Bar, and the Richland County Bar Association.

VI. FEES AND CHARGES

The firm's standard method of charging fees is to bill clients based on the applicable hourly rate of the attorney, paralegal or law clerk rendering the legal service.

The average hourly rates normally applicable to school district clients are as follows:

Partner - $190
Associate - $140-$160
Paralegals and law clerks - $75-$80

School district clients will not be charged for the time attorneys spend traveling between our Columbia offices and the district.

The firm is willing to discuss a retainer relationship with any school district. One retainer arrangement, which several school districts find attractive, is that, for an agreed upon and fixed fee per month, the district is entitled to receive a specified number of hours of legal services at a reduced hourly rate. Time expended beyond the agreed upon number of hours per month is charged at regular hourly rates.

The firm also requests reimbursement for all ordinary expenses incurred by the firm on a district's behalf, including postage, copying, legal data processing, long distance telephone calls, and mileage costs in the amount approved by the Internal Revenue Service.

Statements are submitted on a monthly basis and include an itemized description of the service rendered and the amount of time expended by each timekeeper who has worked on a client's matters.

It is the firm's objective to represent clients on a cost-effective basis. The firm agrees not to alter its fee structure for a period of at least 12 months from the time of initial retention of the firm as legal counsel. The firm serves at the pleasure of the district, and no district is asked to enter into any contractual agreement with the firm.