South Carolina

Joseph Bias: Welcome y’all to the Direct Examination Podcast! I’m Joseph Bias.

Dane Phillips: I’m Dane Phillips.

Amber Fulmer: And I’m Amber Fulmer!

Joseph Bias: At the end of every episode, we ask our guests one universal question: What is your best war story? Whether it’s a story told over a drink at a bar or during a CLE break, every lawyer has that one trial or case that stays with them forever.

Dane Phillips: We’ve listened to incredible stories this year—some hilarious, some terrifying, and some downright bizarre. Today, we’re bringing together a collection of our absolute favorite war stories told by our guests on the show.

Amber Fulmer: Let’s kick things off with personal injury attorney Kenny Berger!

Kenny Berger: I opened my firm when I was 29, and early on we took a case involving a young woman suffering from schizophrenia who was systematically exploited by her psychiatrist. During a deposition in North Carolina with a high-ranking hospital CEO, I stepped out to use the restroom. My Chief Operating Officer, Jason Savage—who handles the business side of my firm—stayed in the room. The CEO made a condescending remark about me, and Jason stood up, poked the CEO squarely in the chest, backed him against the wall, and said, “Not Harley, brother! Not Harley!”

Joseph Bias: (laughs) He brought the muscle to a deposition!

Kenny Berger: When I walked back in, the room was completely silent and the CEO was terrified. He was the worst deposition witness I’ve ever seen after that, and the case settled shortly thereafter!

Dane Phillips: Next up is former prosecutor Nick with a field investigation story!

Nick: We were preparing for a murder trial in Moncks Corner and drove out into the backwoods on a dirt road to interview a key witness. Our car got stuck deep in the mud with zero cell service. We had to walk through the woods in the dark, convinced we were in a horror movie. When we finally stumbled onto the witness’s house, it turned out his family owned a tow truck company! They pulled our car out, we did the interview, and we drove home like nothing happened.

Amber Fulmer: Kirby Mitchell from South Carolina Legal Services had a story about client relationships!

Kirby Mitchell: I was representing the estate of a woman who passed away following the Graniteville train derailment. Her son was extremely angry at the train company, but we managed to secure a major settlement for him. Later that evening, he called my cell phone to thank me, and right as he hung up, he said, “I love you.” There was a four-second pause, and I instinctively said, “I love you too!” My wife walked into the room right at that second and said, “Who on earth were you just talking to?”

Joseph Bias: Former prosecutor Laron Washington shared one of the most bizarre trial verdicts we’ve ever heard.

Laron Washington: We were trying a drug case where the defendant failed to show up for court, so we tried him in absentia. We had video footage, marked money, a full recorded confession, and drugs in his pocket. The defense attorney’s only argument to the jury was, “Ladies and gentlemen, ask yourselves why this case is so good? It’s too good to be true!” The jury deliberated for two hours and returned a verdict of not guilty! The best part was that the defendant showed up at my office the next morning asking if he could get his seized cash and cell phone back!

Dane Phillips: Congressional candidate and litigator Adair Burroughs proved why you should never judge a lawyer by her age.

Adair Burroughs: In my very first deposition handling a major corporate tax shelter case, the opposing party flew in on his private jet. He walked into the conference room, looked at me, and said, “What are you, like 12?” I decided right then and there that we were going to win. By the time that case concluded, he was ordered to pay $6 million in back taxes and penalties.

Joseph Bias: Journalist Brad Willis from the Murder, etc. podcast described one of the scariest moments of his investigation into Dixie Mafia figures.

Brad Willis: I was meeting a contact late at night behind a locked gate. It was pitch black, and he insisted I turn my phone off before we talked. As we were sitting there in the dark, I felt something move directly over my shoulder. I completely froze, convinced my time was up—and suddenly a stray cat jumped off the back of a pickup truck and landed right next to my face!

Amber Fulmer: Dean William Hubbard of the UofSC School of Law shared a story about international corporate litigation!

Dean William Hubbard: Years ago, I was representing Toyota Motor Sales in a multi-state dealer dispute, and the judge ordered the CEO of Toyota to attend a pre-trial conference in Anniston, Alabama. The local courthouse was under renovation, so proceedings were temporarily moved inside the county jail. I picked up the Japanese executives at the airport, and as we pulled up to a building surrounded by razor wire and guard towers, the CEO turned to me in absolute horror and said, “I do not understand this American civil justice system!” I had to quickly assure him he wasn’t being thrown in prison over a contract dispute!

Joseph Bias: Defense attorney Justin Cate shared a classic courtroom distraction story.

Justin Cate: I was standing at the defense table representing a client during a very solemn plea colloquy before a strict judge. Right in the middle of the judge addressing the client, the client’s phone started blasting a mariachi version of “La Cucaracha” at full volume. The judge just froze and stared at us in complete disbelief.

Dane Phillips: Gamecock legend and trial lawyer Todd Ellis shared a story about voir dire surprises.

Todd Ellis: I was trying a complex injury case, and on the third day of trial, the judge called us back to chambers and said a juror had realized a potential conflict. I assumed the juror knew opposing counsel. The judge brought the juror in, and she looked at me, started tearing up, and said, “Your Honor, Mr. Ellis dated my college roommate!”

Amber Fulmer: And finally, Magistrate Judge Daniel Coble described the hazards of conducting bond hearings in prison!

Judge Daniel Coble: When setting bonds at SCDC facilities, you interact with inmates across different security levels. One afternoon, I stepped out of the hearing room to use the restroom, and when I walked into the hallway, 12 unhandcuffed inmates—including a murder suspect—were standing right outside the door. All I could think was, “If something happens to me right now, they’re going to name a prison bathroom after me!”

Joseph Bias: Those are some of our favorite war stories from an unbelievable year of podcasting!

Dane Phillips: Huge thanks to all of our guests for sharing their stories and insights with us.

Amber Fulmer: Follow us on Twitter and Facebook @SCLawPod, Dane @SCCrimLawyer, Amber @RedJudicata, and Joseph @JosephPBias. Leave us a five-star review, and we’ll see y’all next time on the Direct Examination Podcast!