These materials may not be reproduced in whole or in part without the express written permission of the individual speaker.

Course # with the Commission on CLE
8 hours total credit, 1 hour ethics credit, 1 hour SA/MH credit and 1 hour towards bankruptcy specialization

Super CLE, February 5, 2024

The information herein is provided for attendees of the Hilton Head Bar Association CLEs and is NOT intended as legal advice from this association or any of its speakers.  Should you need legal advice, please consult with a licensed attorney.

Sam Bauer, Esquire   Bauer & Metro 

proportionality_review_in_capital_cases_and_implications_raised_by_our_new_adoption_of_execution_by_firing_squad.pdf
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The Honorable Garrison Hill, Justice of the S.C. Supreme Court

DO'S AND DON'T'S FOR NONJURY PRACTICE
 
  • Don't stand up while your opposing colleague is speaking, or otherwise interrupt him.
 
This may seem a neurotic pet peeve, but I never realized how distracting it was until I became a judge. The physical perspective from the bench causes you to see any movement in the courtroom as something you need to respond to in some way, e.g., the juror having a panic attack, the bailiff drooling in the corner. So, when a second lawyer stands, it takes your attention from the speaker.
 
  • Don't talk while the court reporter is marking your exhibits.
  • Do talk with, befriend, and cajole the court reporter, the clerk, and the bailiffs.
  • Do always identify introduce yourself and who you represent for the record, even if you are certain everyone knows who you are.
  • Unless you have filed a motion to do so and this is the hearing on the motion, don't accuse your opponent of a Rule 11 violation or threaten to seek sanctions.
  • Do submit a memo that shows sustained cognitive effort, proper grammar, and polish. Churchill: "One can be forgiven for almost anything except bad prose."
  • Do bring your client to all substantive hearings.
  • Do use charts and enlarged exhibits.
  • Do concede non-essential points; it builds credibility.
  • Do submit short, bullet point type summaries of your argument to the court at the hearing (not more than 2 pp.).
  • Don't ask the judge if he has read your memo or if he is "familiar with" the case. You may as well ask the judge if he has bathed recently. If he hasn't, he is either illiterate, beyond help, or atrociously overworked; if he has, you have insulted his work ethic.
  • Don't file your motion for TRO or for a preliminary injunction on a Friday.
  • Do emphasize the human side of your case.
  • Do spend time discussing the consequences of the ruling you are seeking.
  • Do focus on the concrete issue you are trying to present.  This takes effort and preparation. It's like packing for a trip–more time, more compact. 
  • Do assume the judge knows the standard for summary judgment.
  • Don't argue after the judge has ruled. You can-and often should-say: "I understand your ruling, but \'-'Ould like to ask for a clarification." If the judge has a problem with that, it's his problem, not yours.
  • Don't file motions to dismiss based on Rule 12(6)(6) unless you have a certain "slam
dunk." They are notorious time-wasters.
  • Break any of these rules before looking like a fool.

Robert Metro, Esquire

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The Honorable Robert Reibold

Stephanie Brinkley, Esquire 

parentage_is_not_childs_play.pdf
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David Lail, Esquire

Jennifer Johnson, Esquire

Michael J. Virzi, Esquire, University of South Carolina School of Law and The Virzi Law Firm

ethics_2022_year_in_review.pdf
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Christopher Kays, Esquire