Understanding the Legal System in Charleston
Charleston, South Carolina, is not simply a city steeped in history; it is also a place where the law stands firmly rooted in a past sharply directed toward the immediate future. As a prominent sea port during the eighteen hundreds, Charleston was a hotbed of legal activity. The Charleston Bar was and is well settled, accommodating the presiding magistrate and the Court of Equity, regularly housing both the McGrath, the Elliott and the Calhoun and Graham law firms, and often hosting arbitrations and conciliations at the local institutions.
Today’s Charleston Bar, while perhaps less visibly judicially active, remains equally relevant in the steadily evolving legal landscape of today. Charleston has earned the third place position in business growth amongst South Carolina cities, thanks to its pro-business regulations, prime location, superior education system, and diverse industry. These advantageous qualities are not lost on the members of the bar, as local lawyers have been successfully representing clients for decades, going back as far as the Revolutionary War.
Some of Charleston’s lawyers are solo practitioners who practice focused areas of law. Others bill themselves highly specialized in one area or another, such as family law or wills and estates. Charleston’s lawyers include the un- or under- employed , who work alongside their partners to supplement their income through income sharing agreements. (Recall that South Carolina is one of only a handful of states that does not impose mandatory continuing legal education requirements for its members.)
The Charleston Bar strongly supports the pro bono tradition. Charleston lawyers are held in high esteem as a result of their high-quality, affordable, and altruistic services.
Charleston, SC is a city profoundly linked to the law and the judicial process. The Charleston Bar is one of the two oldest in the state of South Carolina. Today, Charleston is home to approximately 6,000 lawyers, accounting for the second largest bar in the state. This bar consists of a range of practice areas in which Charleston lawyers regularly represent clients: bankruptcy, criminal, employment, estate planning, family, insurance, intellectual property, personal injury, product liability and real estate.
The range and quality of services lawyers provide to their clients fall into the following major categories:
Given the nature of the legal industry in Charleston, it is not surprising that lawyers are said to wield a powerful and important influence on the legal process, impacting the way laws are interpreted and applied, and shaping the development of law within the state. Charleston lawyers may be the best representatives a person or business could have at their side.
Charleston law schools and law schools nearby fuel the community with a hooked up, smart and savvy set of hands to keep things moving and grooving.
Different Forms of Legal Services
Depending on the unique circumstances and legal issues faced by individuals in Charleston, SC, a diverse array of legal services are available to provide guidance, representation, and solutions. From family law and personal injury to real estate and criminal defense, Charleston law firms offer a comprehensive range of support for those navigating complex legal matters.
Family law in Charleston encompasses a wide range of issues, including divorce, child custody, child support, property division, and alimony. Experienced family law attorneys in the area understand the complexities of South Carolina’s Family Court System and can help clients make informed decisions during emotionally-charged proceedings. Personal injury legal services in Charleston are vital for those seeking compensation for injuries caused by the negligence or wrongful actions of others. Personal injury attorneys work tirelessly to ensure their clients receive fair compensation for medical bills, lost wages, pain, and suffering, and other damages.
Real estate law services span a range of areas, including contract drafting, due diligence, title searches, and closing assistance. Whether buying, selling, developing, or financing a property in Charleston, knowledgeable real estate lawyers can ensure proper compliance with local, state, and federal regulations. Criminal defense lawyers in Charleston are committed to providing robust defense strategies for individuals facing criminal charges. From misdemeanor offenses to serious felonies, experienced attorneys specialize in protecting their clients’ rights and securing the best possible outcomes—whether that be a dismissal, reduction of charges, or a not guilty verdict in court.
In addition to these areas, Charleston law firms may offer estate planning services, employment law representation, business law support, intellectual property counsel, and many other specialized legal services.
Leading Law Firms and Lawyers in Charleston
Charleston is home to several top lawyers and law firms in the state of South Carolina. Most attorneys in Charleston concentrate their practice, they do not practice in multiple areas of law.
Small and medium-sized law firms are the standard in Charleston, but there are some big firms here as well.
Full-Service Law Firms
The Charleston office of Baker McKenzie, an international law firm, is the largest in the state. Their lawyers provide expert services in various areas including corporate and commercial, real estate, tax, IP, energy and resources, employment, environment, projects and trade and commerce.
Nelson Mullins Riley & Scarborough is another full-service law firm with a presence in Charleston. One of the largest law firms based in the Southeast, it offers a full spectrum of corporate, litigation, public finance, and intellectual property services to companies, ranging from start-ups to Fortune 500 corporations.
As the oldest law firm in Charleston, Buist, Byars & Taylor, LLC is a civil litigation and transactional law firm that has been serving clients in the area for over a century.
Skardon, Johnson & McElroy, P.A., established in 1987, primarily focuses on business law and real estate matters. The firm has a reputation for offering practical, professional, and efficient legal services.
Litigation and Trial Practice Firms
Kenneth E. Berger, LLC, The Law Office of Kenneth E. Berger, LLC is the largest law firm in South Carolina specifically devoted to serious accident and injury cases. Founded in 2012, Berger and his team of attorneys represent clients who have suffered injuries ranging from auto wrecks to on-the-job injuries.
The Ellis Lawhorne & Booth, P.A. is a litigation and trial law firm with a long history, tracing its roots back to 1946. Aside from their litigation practice, the firm has a substantive workers’ compensation and social security disability practice.
Robinson Gray Stepp & Linton, LLC was founded in 1978. This full-service law firm provides a range of legal services, including commercial and business, defense litigation, health care, intellectual property, labor and employment, insurance, patent, public finance, real estate, tax, construction, environmental, and regulated industries.
Specialized Practices
For firms that primarily concentrate in one area of law, they still often collaborate with attorneys at peer law firms to offer their clients a full range of services. In Charleston, some of these specialized law firms include:
James Island Family Lawyer and Divorce Attorney | James Island Family Lawyer and Divorce Attorney | Family Law Firm Charleston SC.
Finding the Right Legal Service for You
When it comes to selecting the appropriate legal service in Charleston, SC, there are a few key considerations that can help you make the right choice. Given the competitive nature of the legal industry, there are a multitude of firms and solo practitioners vying to meet the needs of citizens seeking representation. However, there are several factors to weigh while choosing the provider for you.
First and foremost, you should consider the credentials of the potential legal services. Legal representatives must demonstrate knowledge of the law and practical experience if they wish to practice in the field. Checking credentials also allows you to verify information about their previous work. In addition, you should find out if the individual or firm is licensed and in good standing with the state bar.
Another major factor is the reputation of any legal service you are considering. A knowledgeable attorney with a sterling reputation in the community is going to be far more effective than a lesser experienced individual with no established credibility. Take the time to research and learn about any Charleston, SC, legal services and their reputations.
Lastly, client reviews play a major role in helping you make the right decision. You may have a great deal of respect for a lawyer’s reputation, but real-world clients can offer level-headed insight that can help you truly understand whether or not you are making the right investment. Testimonials from clients can add more to your understanding of someone’s professionalism and ease of working with them.
All of these factors should be considered when selecting the right legal service in Charleston, SC, for you and your situation.
Local Laws and Regulations
Your local Charleston attorney knows the common local laws and regulations that can impact your business or personal life. South Carolina has state laws that govern many common issues that affect business operations and business owners, including employment law, business and tax planning, real estate transactions, and more. Charleston is among the nation’s oldest cities with an ever-growing population, and South Carolina has a long and storied history that’s central to America’s identity. But while Charleston is rich in history and character, the local and state laws can be confusing, and it’s often difficult to have a full understanding of them without the help of an experienced attorney.
Some of the most common local regulations include land use regulations and property ordinances. Many people aren’t aware of zoning laws that dictate where commercial businesses can open or how far apart commercial businesses must be from residential neighborhoods. Some properties are zoned for agricultural use only.
As for real estate transactions , having an experienced local real estate attorney on your side can help you better understand what to expect. For example, when buying or selling property, there are a number of taxes that are involved that may affect your deal, such as the deed recording fee or deed tax. And whenever someone opens a business, there may be local business licenses, taxes, and other requirements to keep in mind. Your local attorney can help you navigate this process and make sure you are aware of all pertinent details.
Navigating local laws and regulations can often feel overwhelming. Having an experienced attorney by your side can make this process much easier. Local attorneys will have the knowledge necessary to make informed decisions, whether you’re looking to sell a property, open a business, file for divorce, or work through other legal situations. Whether you have a local issue or you’re relocating to the area, South Carolina attorneys can play a vital role in your business or personal affairs.
Legal Services Fees in Charleston
Generally, the minimum hourly rate for an attorney in Charleston is $250. A senior attorney in Charleston may charge $350 to $500 per hour. An attorney with a high reputation and significant experience or a former judge in Charleston may charge $500 to $1,500 per hour.
The most cost-effective option is hourly billing as opposed to retained legal work. Hourly billing also allows for more flexibility in managing your budget and your legal assets. The downside is that hourly billing can lead to more uncertainty about final payments.
It is best to avoid one of the most commonly misunderstood aspects of retaining an attorney: paying a retainer up front. This is not a good option because it can lead to disputes over the retainer and often times the money appears to have been improperly re-employed by the firm. In other words, the retainer should be in a separate trust account and the client should get a monthly accounting of any funds used from the retainer showing time spent, who worked on the case, and what was done. Also, when the retainer is low, the attorney firm’s office gets nervous. If the retainer is exhausted and the bill is high yet there is still a lot of work to do on the case, the firm will charge extra money to keep doing the work.
It is better to pay a retainer than not to, but the best option is a hybrid option. For example, if your attorney needs $15,000 to take a case, an upfront retainer can be an option, but the firm also needs to set a higher hourly rate, tentatively reduce the amount of time it will take to handle the case for staff attorneys and associates, and then have a continuing dialog with the client. The retainer can be reduced as needed or even refunded if the case does not take as long as originally expected.
For this to work, clients need to be able to trust their attorney and not micromanage the process so that everything is driven by the client. Clients need to let their attorney do the work while they concentrate on their business or other issues. Good communication between the law firm and the client is needed. It is common for the law firm to ask for more money if it is running low on retainer money.
Best Practices for Engaging Legal Professionals
When dealing with legal professionals, knowledge is key. There are a number of general guidelines that you should keep in mind when engaging the services of a legal professional in Charleston, SC. These will help you not only understand the process, but help to achieve the desired result.
Let’s start out with the obvious.
-Make sure to retain a legal professional who specializes in the area of law that you require assistance with. Ask them what their experience has been in this area and anticipate a chart of the costs to be expected in the process (which should also include an estimate of attorney’s fees).
-Be sure to analyze the costs and benefits thoroughly. You may find that the potential costs of a case just don’t make sense for you, when compared to the potential benefits of winning. If need be, ask for a free consultation to see if you have a viable case or need to go into a lawsuit.
-Every legal professional has their own style of communication. For some, that means you do everything by email. Others, it means they quickly return calls from mobile devices. Depending on your communication style, you may feel more comfortable with some legal professionals than others. Consider this when hiring someone to handle your case.
-Full disclosure is a must. If you are withholding information from your legal professional because you think it could hurt your case, you need to understand that this is not going to work out. Every detail is important.
-When you meet with your legal professional, come prepared. Have a list of relevant questions and documents that you may need. Otherwise, your consultation may prove to be ineffective.
-Set reasonable expectations about the length of the case and what to expect once it is over. Fighting over every detail can cause damages to last longer than the final settlement does.
As long as these tips are taken into consideration when working with legal professionals in Charleston, SC, you can expect to have a positive experience.
Additional Legal Resources and Information
In Charleston, South Carolina, additional resources are available for those seeking legal help beyond what a personal injury attorney may offer. Legal aid societies and pro bono services provide access to lawyers who can assist individuals with various legal matters, often at no or low-cost. The South Carolina Bar Pro Bono Program coordinates free legal services for those in need who cannot otherwise afford an attorney.
Legal Aid of South Carolina offers a combination of legal representation, lawyer referral services, legal aid hotlines, judicial mediation, and family court services. Links to specific services include:
- Myrtle Beach Legal Aid Office
- North Charleston Legal Aid Office
- Union Legal Aid Office
- My Sister’s House – Restraining Orders and Harassment Forms
- HUD Fair Housing Law
- Myrtle Beach Housing Discrimination
- Public Housing and Fair Housing Discrimination
Charleston County Legal Services offer pro bono legal services to eligible clients and is affiliated with South Carolina Legal Services , which serves 16 counties throughout the state. In civil cases, they can provide legal advice and possibly representation in court. Those with an urgent legal problem, or an easier case that would benefit from representation, may qualify for help.
Citizens should consider applying for free legal services if they are:
- Income-eligible
- 60 years old or older with a legal problem
- A survivor of domestic violence with a legal problem
The South Carolina Bar Association offers pro bono services to low-income individuals throughout the state. The program functions with the help of local attorneys who will represent individuals free of charge and based on financial need. There is no limit to the number of cases an attorney can accept, but law schools or recent law school graduates can only accept fewer than six cases per calendar year. The Bar Association also provides computer-based pro bono software, which allows attorneys to receive request for assistance, screen for financial and legal eligibility, and assign cases.
Leave a Reply