The litigation division's primary goal is to handle each client's litigation matters in the context of the client's business and financial needs, maintaining the flexibility required to provide the most effective litigation solution to each client's unique situation.
Finkel Law Firm LLC began as a litigation firm, and litigation continues to be the Firm's largest practice area. Many of the Firm's members began their careers handling personal injury cases. The Firm now engages in a wide variety of complex litigation. Jerry Finkel is a former president of the South Carolina Trial Lawyers Association. Ralph McCullough is one of the authors of the Civil Trial Manual, a standard reference work for trial lawyers. Ralph McCullough and Jerry Finkel co-authored the South Carolina Law of Torts, another reference work which is now in its fourth edition and both have taught Trial Advocacy at the University of South Carolina School of Law. The firm's litigation practice ranges from personal injury and products liability cases, antitrust cases (the Firm's predecessor brought the first successful anti-trust case in South Carolina), appeals and constitutional issues (the Firm represented the plaintiff in Lucas v. South Carolina Coastal Council, a landmark Supreme Court decision on takings jurisprudence), to franchise and commercial litigation.
LIAISON WITH CLIENT
In civil litigation, the most effective solution from a client's standpoint depends upon the two-way exchange of information between attorney and client. Not only do we strive to keep the client informed as to the progress of litigation - reporting on the status of the pleadings, the results of hearings, results of discovery, and communications with other attorneys - our attorneys also consider it important to keep the client updated as to case strategy, possible costs, developments in the law, and our impressions as to possible outcomes. At the same time, we depend upon the client to provide us not only with full factual information concerning the facts underlying litigation, but also, when appropriate, relevant information about the client's own needs and expectations. We welcome client participation in the litigation process because we consider that participation essential in finding the litigation result that is best for the client.
Litigation does not exist in a vacuum. Few litigation matters present simple win-lose choices. For this reason, we believe most litigation decisions must be made in consultation with the client, taking into account numerous factors including litigation costs, the effect of the litigation on other potential or threatened litigation, the client's business needs, the creation of settlement opportunities, and the advantages and disadvantages of speedy resolution.
