Archive for the ‘Advocate’s Journal’ Category
Advocate's Journal
Recent Supreme Court FOIA Rulings
By Rob Tyson This summer, the South Carolina Supreme Court has issued three rulings concerning the application of the Freedom of Information Act, S.C. Code Ann. §§ 30-4-10 et seq. (1991 & Supp. 2013) (“FOIA”). See Lambries v. Saluda County Council, Op. No. 27400 (S.C. Sup. Ct. filed June 18, 2014) (Shearouse Adv. Sh. No. […]
Advocate's Journal
Workers’ Compensation: Kickball injury arose out of and in the course of employment
In a 3-2 decision, the South Carolina Supreme Court reversed a decision of the Workers’ Compensation Commission today and held that the claimant was entitled to workers’ compensation benefits for injuries he sustained during a kickball game. The court found that because claimant organized the game as a company “team building event” that claimant was […]
Advocate's Journal
Legal Malpractice: Withdrawal from the attorney-client relationship
The South Carolina Court of Appeals affirmed a $270,000 jury verdict today against an attorney for legal malpractice. In its opinion, the Court of Appeals reminds the bar that “[a]n attorney may not end an attorney-client relationship, and thus relieve himself of the duties arising under it, by unilaterally deciding to allow another attorney to […]
Advocate's Journal
Watson: Lawyers fight for America’s founding principles
Columbia, SC — The Fourth of July is a good time to remember our nation’s dedication to the rule of law and to celebrate this principle that sets us apart from many other countries. Two hundred thirty-eight years ago, the Declaration of Independence charged the king of England with depriving the colonists of their right […]
Advocate's Journal
Expert Testimony Tested Again in South Carolina
By Alex Davis The qualification or exclusion of expert testimony can often be one of the most contentious pre-trial battles between the parties. Over the past two decades, numerous opinions have been issued by state and federal courts seeking to clarify when expert testimony is admissible at trial. On June 11, the South Carolina Supreme […]
Advocate's Journal
The Advocate’s Journal: (Not-So Obvious) Thoughts on Taking a Deposition
By Michael Montgomery As a young lawyer who has been practicing for almost six years, I have been lucky to have taken a number of depositions. I am by no means an expert, but I have learned some things, often the hard way, that make it easier to sit comfortably across the table from a […]
Advocate's Journal
The Advocate’s Journal: The AAA Adopts New Rules to Allow Option to Appeal Arbitration Awards
This is the first installment of The Advocate’s Journal, which is our firm’s venture into the Blogosphere. Our focus is on civil procedure, appellate procedure, and related issues. We hope you both enjoy and gain a better procedural acumen as we go along. Comments and feedback are solicited, as well as the correction of any […]