H. Dave Whitener Jr.

COLUMBIA - H. Dave Whitener, Jr., died early Sunday morning, September 14, 2014, peacefully at home surrounded by his family after a long battle with cancer. He was 70 years young. He was the son of Hugh Dave Whitener, Sr. and Eunice Marie Jenkins Whitener. Dave was renowned as a raconteur whose stories made others happy. He loved to talk about his many fond memories growing up in the 1950s in Ranlo, North Carolina, a small mill village near Gastonia, North Carolina, where his father served as Superintendent of Rex Mills. Dave was a very large baby, several weeks past his expected due date, when his mother went into labor with him, so she was driven by ambulance from Ranlo to the Charlotte hospital to deliver. Because his father was serving in the Army at the time and not at home, following closely behind the ambulance the entire trip was his grandfather, David Henry Whitener, former Superintendent of the mills, who was wearing the brim of his hat turned upward, with the top down in his new Packard automobile, blaring the horn all the way through Ranlo and Gastonia to announce Dave’s pending arrival on May 22, 1944 in Charlotte, North Carolina. His grandfather’s exuberant proclamation of Dave’s arrival portended the profound influence and joy that Dave would bring to the countless many whose lives he impacted in a positive way. Like his beloved grandfather, Dave loved people and loved talking to people. He always wanted to help them any way he could, and through his vast cross-country network of friends and contacts, he was usually able to find someone to assist his friend, student or client solve a problem or accomplish a goal. He frequently talked to his colleagues in law firms in an effort to facilitate finding many of his law students their first job. His positive outlook and enthusiasm for life was contagious and when he was younger, he was known for giving his famous “Uptown Meltdown” parties with his pants legs rolled up for dancing. People had so much fun at those parties, that they would start asking when the next one would be while they were still at the one they were enjoying. Dave received an A.B. from Erskine College in 1966, and a J.D. from the University of South Carolina School of Law in 1969. That same year, he started practicing law with the law firm of Calvo & Lee, which later evolved by 1985 to become the law firm of Whitener & Wharton, P.A. He practiced business transactional law for over 44 years, the last 28 years with his law partner, L. Patricia Wharton, whom he married in 2003. In 2013 and 2014, Whitener & Wharton, P.A. was recognized in U.S. News & World Reports as one of the best law firms in South Carolina (First-Tier Firm Ranking by State and in First-Tier Metropolitan Ranking). Always a gentleman, he believed in negotiating transactions honestly and fairly and always “leaving something on the table” so the parties on both sides of a business deal would remain on friendly terms after it was closed. Because of his honesty, fair dealing and creative problem-solving abilities, he was asked to serve as a mediator and as an arbitrator on several disputes that were not able to be resolved through the normal litigation system. Dave really enjoyed teaching and passing along the knowledge he had gained, and the lessons he learned, practicing law. He had been so fortunate in his career and felt a moral duty to give back to the legal community. He agreed to serve as an Adjunct Professor at the USC School of Law for 24 years, where he taught Real Estate Transactions I and II to over 1,000 students. His students loved to hear his “war stories” and the practical aspects of practicing law and running the business side. One of Dave’s most important lessons he tried to impart to his students was the value of their sending hand-written “Thank You” notes for gifts received or special efforts that someone had made on their behalf. He was a friend and mentor to many of those students, even after they graduated, frequently helping those students find jobs or talk them through complex transactions they encountered early in their careers. As a dynamic public speaker, Dave was frequently asked to give speeches at Continuing Legal Education (“CLE”) seminars. He spoke at approximately 100 CLE seminars approved by the South Carolina Bar, and was chosen by the Supreme Court of South Carolina to be the Bridge the Gap speaker for Real Estate Law for 23 consecutive years. He was selected to be a speaker to the Business Law Section at the 2004 American Bar Association Annual Convention in Atlanta. He was also a speaker for the Mortgage Bankers Association of America annual convention and the North Carolina and South Carolina Bar Association annual meetings. He was a member of the Richland County Bar, South Carolina Bar and American Bar Associations. Dave served as the Chairman of the Association of Lenders and Creditors, which sponsored the 1980 revision of the South Carolina Consumer Protection Code that re-wrote interest rate law in South Carolina. He was a member of the Martindale-Hubbell Bar Register of Preeminent Lawyers and was included repeatedly in The Best Lawyers in America, and in South Carolina Super Lawyers for real estate law, banking and finance law, and financial services regulation law. Dave was also repeatedly selected as one of the Legal Elite of the Midlands in the areas of real estate law and banking by Columbia Business Monthly. In 2013, he was selected as Lawyer of the Year in banking and finance law by The Best Lawyers in America, and one of the Top Attorneys in South Carolina as published by Columbia Living Magazine. He was a recipient of the 2007 Platinum Compleat Lawyer Award awarded by the University of South Carolina School of Law Alumni Council, selected by the Chief Justice of the South Carolina Supreme Court, the Chief Judge of the South Carolina Court of Appeals, the President of the South Carolina Bar, the Dean of the School of Law, and the Chair of the Alumni Council. He was also chosen by the Chief Justice of the South Carolina Supreme Court to chair the South Carolina Bar Task Force Committee on Closing Responsibilities. Dave’s excellence as a lawyer and counselor is demonstrated by his recognition in 2014 by being selected as one of the Leadership in Law honorees as published in the South Carolina Lawyers Weekly, despite having retired at the end of 2013. He was recently awarded the Dean of the Law School’s Excellence in Teaching and Distinguished Service Award for his many years of teaching at the USC School of Law as an Adjunct Professor. He was a past President of the Civitan Club and former Chairman of the Fundraising Committee for Boy Scouts of America, Indian Waters Council. Because of his endless enthusiasm for challenges and talent for getting people excited, during his tenure as Chairman of the Fundraising Committee for the Boy Scouts, he broke all records for the Indian Waters Council to that point in time for total dollars raised (over $675,000); number of $25,000 contributions; and number of $10,000 contributions in one year. He was a member of Washington Street United Methodist Church and the Methodist Men’s club, and served on the Staff Parish Relations Committee. For over 45 years, Dave was a Silver Spur Donor to the USC Gamecock Club and an avid Gamecock fan. He recently received the Legendary Fan Award from the USC Athletics Department. Dave loved people and brought great joy to those around him, particularly through displays of his uplifting humor. His wife, children and grandchildren especially were beneficiaries of his constant love and affection and sense of fun and play with them. He loved his children deeply and would constantly talk about how proud he was of their good hearts and the accomplishments they had achieved but even more so of how well he thought they were raising his extraordinary grandchildren. Throughout all of their years at college, he wrote them a note on an index card every day they were away and he would always take their calls no matter how involved he was in a complicated business transaction at the law firm. When his granddaughters were five, he promised that when they turned 12, he would take them for a driving lesson. Each year they reminded him of his promise. After Thanksgiving dinner two years ago, he slipped out of the house with them, without telling anyone. Keeping his promise cost him a burst tire and a broken rim after one of his granddaughters ran over a curb she did not see and he had to make a phone call to have his truck towed. Dave relished his role as a grandfather and was so proud of all of his grandchildren. He was constantly encouraging them to find their particular passion and pursue life in happy, positive ways. He enjoyed immensely watching Emma, Jake and Connor develop into stellar athletes, and Gray perform at the highest level of Community Theatre in Columbia, while continuing to maintain their grades in school. He was excited when those four became avid Gamecock fans to share his love of USC, but he was especially proud that his youngest grandchild, Jack, stood his ground and became a staunch Georgia Bulldog fan supporting his own father’s alma mater. Everyone knew of his incredible love for his wife, Tricia, and she considers him the light, joy and greatest gift of her life. Throughout their 11-1/2 years of marriage, they wanted to spend every minute of the day with each other even after having worked a long day at the law firm together. When asked what hobbies he had, Dave would always say, “Tricia is my hobby.” Dave is survived by his wife and law partner, L. Patricia (“Tricia”) Wharton Whitener; children of his first marriage: son, Hugh Dave “Tripp” Whitener, III (Wesley Mahon) and daughter, Laura Whitener Caputo (Michael J.) of Savannah, GA; grandchildren in order of birth: Lauren Gray (“Gray”) Whitener, Emma Caroline Frick, Walker Jacob “Jake” Whitener, Connor Michael Frick and Michael John “Jack” Caputo, Jr.; sister, Jane Whitener Cain (John) of Gastonia, NC; aunt, Martha Pacolette (“Packie”) Sarratt Whitener, widow of Col. William Jackson (“Jack”) Whitener, of Union, SC; cousins, Martha Sarratt Whitener Walker (Michael T.), George M. Lee, III (Christy M.) and Elizabeth Lee Sim (Charles); and numerous nieces and nephews. He was predeceased by his father, Hugh Dave Whitener (Sr.) and mother, Eunice Marie Jenkins Whitener; uncle, Newell R. Whitener (Thelma; Caroline) of Greenwood, SC; Nell Whitener Lee (George M., Jr.) of Columbia, SC; and William Jackson Whitener, Col. US Army – Retired (“Packie”) of Union, SC. Visitation will be held from 5:00 p.m. to 7:00 p.m. on Wednesday, September 17, 2014 at Dunbar Funeral Home, 3926 Devine Street, Columbia, SC 29201. The funeral service will be held at 11:00 a.m. on Thursday, September 18, 2014, at the Washington Street United Methodist Church, 1401 Washington Street, Columbia, SC 29201, with burial to follow at Elmwood Cemetery. Pallbearers are: George M. Lee, III, S. Alan Medlin, Esq., W. Donald Norris, Gerald D. Peterson, Robert E. Stepp, Esq., Joe E. Taylor, Jr., Maj. General John F. Wharton, and Kelvin Zeigler. Dave loved helping others and was an amazing mentor to many. Because teaching was one of his passions, the family requests that, in lieu of flowers, memorials may be made to the University of South Carolina School of Law to establish the H. Dave Whitener, Jr. Scholarship Fund, 701 Main Street, Suite 202, Columbia, SC 29208 (in the memo line please note: H. Dave Whitener, Jr. Scholarship).