Why You Should Read the South Carolina Evidence Handbook Annotated

The average trial lawyer will deal with evidence. As sure as the sun will rise, water is wet, evidence will play an issue at least once in every trial lawyer’s life. So how do you master this issue? After all, evidence is a brutal subject in law school. Ask any law student to explain hearsay, and you’ll get so many different answers your head will spin. Here, the answer is simple: you get a handbook to tell you about it.

Before we begin, you might be wondering, “Why this handbook over other guides?” In terms of quality, the handbook was written by a lawyer and adjunct professor here at Charleston School of Law, Justin S. Kahn. He wrote the South Carolina Evidence Handbook Annotated alongside several other books and treatises on procedure. He has been practicing since 1992.  More info about him can be found at https://www.kahnlawfirm.com/attorneys/justin-s-kahn/.

South Carolina Bar

Law students can access South Carolina Evidence Handbook Annotated by two methods. First, it is available as an eBook on Lexis+ included in South Carolina Secondary materials. But what if you do not like Lexis+? Perhaps you prefer a physical book in your hands instead of an e-book? Second, the physical copy of the book is available in the library at call number SC KFS 2340 .A4 K23 2021. You can ask the help desk or the librarians to help you find it. This book is not that large, and divided up into chapters much like the Lexis+ format, but set up in the format of an actual book. Without a dependency on the internet, the book can definitely come in to save the day when you have a South Carolina Evidence question and the Wi-Fi is out.

This handbook holds answers to any legal questions an aspiring law student might have in regards to evidence. For example, hearsay – even though it is in federal rules of evidence, South Carolina handles it a little differently. How would you know this? In the book, Kahn explains this with his annotations. He also lists court cases that occurred in South Carolina to demonstrate these unique South Carolina rules. Failing to understand the conversation you want to introduce into trial evidence is in fact hearsay, or that the opposition is introducing an exception to hearsay, can devastate your case. Failing an assessment can be a problem, but as an attorney, losing cases due to incompetence or improperly introducing evidence is never a good thing. The annotations Kahn offers readers are invaluable in terms of understanding how the code interacts with precedent. Kahn’s annotations in each section excellently demonstrate this. The annotated code sections explain how the law works as well. The cases Kahn chose for each section highlight that code section and are specific to South Carolina. It is that understanding of precedent that led to these changes in code that makes this handbook an amazing asset for any South Carolina law student.  The normal South Carolina Evidence code book would not necessarily have such an exhaustive annotated section. If you were to refer to the code book instead of this handbook, you might make a mistake in understanding the code’s nuances, or not get to read relevant case law. Why work harder and have to dig up relevant case law when Kahn has already expertly done so in his handbook?

Ultimately, if you are looking for ways how the South Carolina Evidence Rules work, this book has it. If you are a trial attorney, this book is your friend. If you are a law student, this book will help you make a better outline. Since knowing the rules of evidence is so crucial to any trial lawyer’s trade, you should consider giving this book a go if you are planning on becoming a trial attorney.

Charles Shea

Juris Doctor Candidate, December 2022

Charleston School of Law

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