Unpublished Conits opinion reveals the dangers of lackadaisical litigating

May 7, 2018

After three published opinions in Conits v. Conits, one a refiled Supreme Court opinion, on May 2, 2018 the Court of Appeals issued an unpublished

Odd skirmishes in the battle over credibility

February 1, 2015

I recently completed a lengthy custody and divorce trial in which the judge asked both attorneys to draft proposed orders. This required us to consider

Better to be an adulterer than an adulterer and a liar

March 7, 2014

A mentee recently asked me if one should admit an allegation of adultery in a responsive pleading when the adultery is obvious.  While I think

Using prior consistent statements to bolster credibility

February 23, 2013

A few years ago I was court appointed in a Department of Social Services abuse and neglect case as the lawyer for a twelve year

Lewin affirms family court fee award in face of Father’s multiple challenges

December 22, 2011

In the December 14, 2011 opinion in Lewin v. Lewin, 396 S.C. 349, 721 S.E.2d 1 (Ct. App. 2011), (in which I represented the losing appellant, though I

Beaten by implicit credibility determinations

May 27, 2011

My client, for completely explicable reasons, but much to my disappointment, has decided not to seek rehearing and eventual certiorari of the unpublished May 18,

Maybe we’re taking the deference to the family court judge’s credibility determinations too far?

February 25, 2011

The February 23, 2011 Court of Appeals opinion in Reiss v. Reiss, 392 S.C. 198, 708 S.E.2d 799 (Ct.App 2011) makes me question whether the appellate

Noting a party’s failure to call witnesses to testify as an attack upon that party’s credibility (part two)

December 5, 2010

In part one of this blog I explained how an opposing party’s failure to call certain witnesses at trial could be considered as negatively impacting