Reflection, March 1, 2017

During my morning run, I reflected on criminal and civil jury cases I tried decades ago. I though about how much I concentrated on what I perceived as brilliant and persuasive cross-examination and oral argument and how little emphasis I placed on documentary exhibits and written jury charges. On reflection, I got it backwards. Today, I would concentrate on written persuasion without neglecting oral persuasi… Read More

One of the greatest challenges lawyers face is correcting problems created by the ignorance of pro se litigants. This is usually far more expensive than if both parties had lawyers from the beginning and--despite the expense--is far less successful.

While I was not a good student, I loved my three years of law school at the University of South Carolina. Since then, I work most Saturdays, Sundays, and holidays. I spend hours each week reading recent appellate opinions from South Carol… Read More

Previously pleading was critical to the practice of law. Errors in pleadings caused judges to dismiss cases with prejudice. Pleading determined the relevance of evidence and the relief the court could award. I attribute much of the fault for pretrial contentiousness, longer trials, and the unconscionable cost of legal services to the decreased emphasis on pleadings by lawyers and judges. Most lawyers today not only do not understand pleading, they do not understand what a pleading or its pur… Read More