6 Common LLC Creation Mistakes
Starting a new business is exciting but also a little intimidating. There’s a lot you probably don’t know, and mistakes can end up costing you. If you’ve decided to start a limited liability company (LLC), then you’ve already avoided the [...]
Arguing for Bigamy: When the Court Must Decide Between Competing Public Policy Issues
Should a bigamous marriage be recognized in South Carolina if doing so upholds an important legal doctrine? That was the main issue at the center of a case recently decided by the South Carolina Court of Appeals, Gary v. Lowcountry [...]
The #1 Mistake People Make With Trusts
Trusts are wonderful tools for financial planning and estate planning. There are many, many kinds of trusts, each with its own purpose, pros, and cons. Trusts may be used to, among other things, avoid certain taxes, avoid probate, leave specific [...]
Would Your Contract Hold Up in Court? Indemnification Clauses and Public Policy.
If you’re in business, you know that contracts are a must to protect yourself. But don’t make the mistake of assuming that simply having a contract is enough. If it’s worded incorrectly, it can cost you. In previous blogs we’ve [...]
Should Your Estate Go Through Probate? Why or Why Not?
Last time we cleared up confusion around probate in South Carolina and looked at what probate is and isn’t. If there’s one thing people do know about probate, it’s that they want to avoid it when the time comes. But [...]
Clearing Up Confusion About Probate in South Carolina
Updated 09/04/2025 For some people, “probate” is a dirty word. Much of this attitude comes from not understanding the process, so let’s clear up the confusion. What Probate Is and What Probate Isn’t There are some myths out there about [...]
The Statute of Elizabeth: What You Need to Know About Transferring Assets
What if you owed someone a lot of money, but you didn’t want to pay them back? You might try to put your assets somewhere they couldn’t be touched; for example, you might gift them to a person you trust, [...]
Law Is Not A DIY Field: When Not To Represent Yourself
Individuals have the right to represent themselves and “act as their own attorney,” but do businesses? Not necessarily. Try to DIY, and you may discover you’ve overstepped the bounds. That’s what happened to Community Management Group, LLC, which manages HOAs [...]
When Covenants Not to Compete and NDAs Reach Too Far
South Carolina courts are clear in their general dislike of covenants not to compete and any provisions that restrict an individual’s ability to work. They are also clear in their tendency to rule in favor of the employee rather than [...]
Coming Soon to a Town Near You
For many years, South Carolina has limited the number of liquor stores an owner may have within the state to three. However, that law is no longer enforceable thanks to the recent South Carolina Supreme Court decision in Retail Services [...]
Where Should I Open My Business In South Carolina?
Note: this blog was updated in October 2019 to reflect the most recent data available In recent years, South Carolina has attracted numerous companies to the state that want to take advantage of various business incentives. Two such headline-making companies [...]
Are You Protected? What You May Not Know About “Piercing the Corporate Veil.”
One of the first things to do when going into business is to select the appropriate business structure for your venture and set it up correctly. A primary advantage of doing so is gaining the protection of the entity so [...]
How Facebook Can Cost You Your Job (Or Even Your Freedom)
Be careful what you post on Facebook – it could get you suspended from your job. That’s what happened recently to a judge in South Carolina. Judge Kenneth E. Johns, Jr., a probate court judge in Oconee County, posted a [...]
Ever Wondered Why That Storm Drain is in Your Yard? Easements 101
Have you ever wondered why that storm drain or telephone pole is in your backyard, or why the telephone company can come dig up your yard and you can’t do anything to stop them? The answer: Easements. An easement is [...]
Transmutation: When Non-Marital Property Becomes Marital Property
Consider this: Sandra and James have been married for 25 years. Once they were married, she gave up her job to become a stay-at-home mom. When the kids were old enough, she began to work in her husband’s dental practice, [...]
