A common misconception novice attorneys make is trial practice is dead and pre-trial settlement is king. However, that belief is statistically incorrect. Regardless of the practice area, an attorney will likely go to trial at least once during their career.

 South Carolina, nearly twenty-one thousand jury trials are pending in circuit courts. [1] In contrast, nearly one thousand mediations are pending statewide. Considering the American Bar Association’s number one most common legal malpractice claim is failure to know the law, South Carolina attorneys need to be prepared for the inevitable.[2]

The book, Trial Handbook for South Carolina Lawyers (THSCL) prepares attorneys for all aspects of trial, serves as a heat of the moment guide during trial, and sets out post-trial procedure. Whether in Common Pleas, Family Court, General Sessions, or Probate Court, THSCL will cover you.  

Attorneys and law students will find forty-three chapters of clear and conscience statements of the law for every critical aspect of trial in South Carolina. THSCL covers major topics most unexperienced attorneys are unfamiliar with including the role of and right to attorneys, trial motions, and jury selection.

THSCL covers topics unexperienced attorneys may be “familiar” with but lack a concrete understanding of such as relevancy, hearsay evidence, dead man’s statutes, and privileged communications.

THSCL is authored by two renowned South Carolinians in the legal community: The Honorable Alexander M. Sanders Jr, who served as South Carolina Court of Appeals Chief Judge for nearly a decade; and Johnathon Nicholas, who authored four widely used South Carolina books in torts law, civil procedure, service of process, and masters in equity. Together, these two authors provide an insider perspective of South Carolina trial practice along with clear and concise writing designed to guide attorneys at any stage of trial.

THSCL 2021-2022 is available in the Sol. Blatt Jr. Law Library as a print book, call number SC KFS 2338 .S26 and as an eBook on Westlaw. Law students would find this book useful because it provides a context for the content learned from evidence, moot court, and trial advocacy.

It is essential to the success of novice attorneys in South Carolina for each firm to carry a copy of the Trial Handbook for South Carolina Lawyers.

[1] https://www.sccourts.org/annualreports/

[2] https://texaslegalmalpractice.com/5-common-malpractice-claims-happen/

Zachary A. Porter

Juris Doctor Candidate, 2023
Charleston School of Law
Charleston Law Review, Editor-in-Chief