No, this is not about social media. We are talking about filing amicus curiae or “friend of the court” briefs in South Carolina appeals.
Amicus briefs got my attention when an outfit filed a Rule 213, SCACR, motion for leave to file an amicus brief. The proposed amici supported my client, and I welcomed the help. Opposing counsel was less inviting.
To oppose leave, counsel relied heavily on Judge Richard Posner’s view of amici. While the proposed amici did not reply, Judge Samuel Alito offers plenty of ammunition. Continue reading
What happens when a client hires you only as trial counsel and then wants to appeal or needs to defend an appeal? May you simply remind the client about your limited representation and send him or her away? Continue reading
South Carolina statutes granting attorney fees include fees for work on appeal and after a remand. And after remand, the trial court may grant statutory appellate fees even if the appellate court earlier denied a Rule 222, SCACR, motion for the standard appellate fee. Continue reading
Ever had opposing counsel tie you up on appeal with endless extensions after extensions? I once got tied up on an appeal taken before a final judgment where the appellant’s counsel got four extensions of time to file the opening brief. Over a year and a half passed before he filed the first brief. The case settled shortly after we responded. Continue reading
What do the New England Patriots’ head coach and the South Carolina Supreme Court have in common? Both can say “Do Your Job” and make it stick. Mandamus is the Supreme Court’s way to make it stick. Continue reading