South Carolina

Amber Fulmer: Welcome y’all to the Direct Examination podcast. My name is Amber Fulmer.

Dayne Phillips: I’m Dayne Phillips.

Joseph Bias: And I’m Joseph Bias. If you listen to us, stop the episode right now, go ahead and hit pause, go to iTunes, give us a five-star rating! Give us not one, two, three, four, but five stars! It means a lot to us.

Amber Fulmer: Hey, I have clients who come back for divorce number two, I represent the kids, then I divorce the parents! It’s a family tree!

Joseph Bias: Keep it in the family!

Dayne Phillips: I’ve heard Jake say that so many times: “I represented his granddaddy!”

Amber Fulmer: “This is my oldest client!”

Joseph Bias: You can always email us if you have suggestions for guests and topics. Amber’s a little loopy here right now.

Amber Fulmer: When I get the giggles, I just can’t quit. I’ve only snorted twice, but when I snort, it’s bad.

Joseph Bias: Follow us on social media for this runaway train of a podcast already! Amber, you have a disclaimer, Pageant Queen.

Amber Fulmer: I do. For those of you that have been listening to the previous podcasts on criminal law and family law, you have heard these gentlemen make a mockery of accents and do very pitiful jobs encompassing the femininity of the Southern accent. So here we go:

Your use of this podcast does not create an attorney-client relationship between us, the hosts, our respective firms, or their attorneys. An attorney-client relationship is only formed by the execution of a written agreement between you and an attorney. This podcast is for informational purposes only. The informational material should not be taken as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal questions. Y’all!

Joseph Bias: That was perfect! We definitely cannot beat that.

Amber Fulmer: Well, this episode is going to be on civil litigation, of which Joseph is—we can’t say expert because we’ve already messed that up with a disclaimer—primarily practicing in the field of insurance defense and civil litigation. He’s doing the Lord’s work because the Supreme Court told us insurance companies are people too! But he’s also going to talk to you about plaintiff’s work and helping the common man.

Joseph Bias: So here’s the thing before you get into shimming insurance defense lawyers: everybody hates insurance companies, but by keeping those big settlements reasonable, we’re keeping your premiums down. It’s important for people like me to be out there to make sure we’re not just giving out money willy-nilly to people.

Today we’re going to talk about civil litigation. I do defense work, which means I’m on the other side of plaintiffs.

Dayne Phillips: Right there—what does “plaintiff” mean?

Joseph Bias: Glad you asked, Dayne! A plaintiff is the person who files the lawsuit. A lawsuit starts with a summons and complaint. Generally, most cases that people encounter are negligence cases—car wrecks, personal injury, premises liability, slip and falls. Negligence in basic terms is when someone knew or should have known something and didn’t do it.

When a person files a summons and complaint, they become the plaintiff. As a defense attorney, I get a copy and file an answer, which responds to the allegations in the complaint.

Dayne Phillips: Give us the breakdown of how expectations work in these cases.

Joseph Bias: Let’s say somebody gets in a minor accident or slips in a store. They see a commercial on TV and think, “I’m getting paid.” Their expectations balloon. My job as a defense attorney is to bring realism to the proceedings. If someone is genuinely hurt, it’s my job to evaluate that and tell my client—the insurance company or business—”Hey, this person is really injured, and we need to resolve this fairly.” Most insurance companies want to resolve legitimate claims fairly.

Dayne Phillips: How do fee agreements work on the plaintiff’s side?

Dayne Phillips: On the plaintiff’s side, lawyers generally work on a contingency fee. That means the lawyer doesn’t get paid unless the case settles or wins a verdict at trial. Typically, the standard is 33% of the recovery pre-lawsuit, which may scale up to 37.5% or 40% if a lawsuit is filed or goes to trial, plus litigation costs.

Joseph Bias: Exactly. And if you’re looking for an attorney, always get recommendations or use the South Carolina Bar Lawyer Referral Service at scbar.org. Read your fee agreement closely and ask questions up front.

Once a lawsuit is underway, we enter the discovery process. Discovery is where both sides exchange information through written interrogatories, requests for production of documents, and depositions.

Dayne Phillips: Why are depositions under oath so important?

Joseph Bias: A deposition is oral testimony taken under oath in front of a court reporter. It has the same legal weight as testifying in court. It allows us to evaluate the witness, assess credibility, and establish facts. If a witness changes their story at trial, we use their sworn deposition testimony to impeach their credibility.

Dayne Phillips: Do most civil cases go to trial?

Joseph Bias: Very few civil cases go to trial—the vast majority resolve through settlement or mediation.

Mediation is a formal settlement conference where both parties and their attorneys meet with a neutral, certified mediator. The mediator evaluates the strengths and weaknesses of both sides, points out risks, and helps facilitate a mutually agreeable settlement. Mediation is a tremendous tool in civil litigation.

Dayne Phillips: Well y’all, this brings us to the end of Season 1!

Joseph Bias: It’s been an incredible journey. We want to thank all of our listeners across South Carolina and internationally!

Amber Fulmer: My favorite Season 1 episode was Byron Gipson’s episode! He was so passionate about the office he ran for, and he won!

Dayne Phillips: My favorite was the Criminal Law Roundtable—there were so many topics we covered and so much more to revisit in Season 2.

Joseph Bias: I really loved our Q&A episodes and the Women’s Roundtable. It was eye-opening to hear the unique experiences of female litigators in South Carolina.

Amber Fulmer: Who are our dream guests for Season 2? Gloria Allred, Bryan Stevenson!

Dayne Phillips: Chief Justice Beatty, and guests from legal documentaries like Making a Murderer!

Joseph Bias: Dacoti James returning for a follow-up, Mandy Powers Norell, James Smith, and Governor Henry McMaster!

Thank you to everyone who listened, shared, and supported us in Season 1. We’ll be back in 2019 for Season 2—bigger, better, and with even more insights into South Carolina law!

Amber Fulmer: See y’all in Season 2!

Dayne Phillips: Thanks y’all!