Services Provided:
Litigation

The majority of the Firm's practice is devoted to litigation matters. Harry Swagart tries cases in state and federal courts and has appeared in circuit courts throughout the State of South Carolina, and in courts located in New York City, North Carolina, Virginia, Florida, Georgia, Texas, Pennsylvania, and the District of Columbia. He has argued appellate cases before the South Carolina Supreme Court, the South Carolina Court of Appeals, and the United States Courts of Appeals for the Fourth and Eleventh Circuits; and he is admitted to practice before the United States Supreme Court. Harry has mediated numerous cases and has arbitrated cases before the American Arbitration Association, the NASD, and the New York Stock Exchange.

Consultation

The Firm is often requested to provide opinions and advice on a wide range of subjects outside of the litigation context. For example, we have been asked to assess the legality of various marketing, pricing, and other competitive business strategies under federal and state antitrust laws, banking laws, state unfair trade practice laws, franchising laws, and related legislation. We provide advice with respect to, and assist clients in prosecuting applications for, trademarks and service marks. Clients regularly ask us to express an opinion as to the legality and enforceability of various types of restrictive employment contracts, to include non-compete agreements, confidentiality agreements, non-solicitation agreements and the like.

Contracting and Negotiating

Closely related to consultation are the Firm's contracting and negotiating services. Clients occasionally ask us to draft contracts for use in the regular courses of their businesses. We’ve drafted invoices, distribution agreements, franchising agreements, license agreements, sales contracts, construction contracts, shareholder agreements, loan agreements, supply agreements, and requirements contracts, among others.

Our more experienced clients bring agreements to us (thankfully) before signing them, and seek our advice as to the potential effects of those agreements on their business operations, and they seek our assistance in negotiating agreements in order to maximize benefits and to minimize risks flowing from them. As well, clients occasionally request that we assist them in negotiating with lenders in order to obtain loans, loan extensions, and changes in loan terms and to avoid default situations.

Service to the Bar and to the Community

We recognize the importance of giving back. Harry Swagart has prepared numerous materials for the Bar's continuing legal education programs and has appeared as a speaker at those programs. He has authored an article for Litigation Magazine which is published by the Section of Litigation of the American Bar Association. Harry has for years contributed time to the Bar's "Ask-A-Lawyer Program," in which members of the Bar donate their time in order to respond to telephone calls received from the public regarding numerous types of legal problems. In addition, we regularly represent indigent clients when their cases are assigned to us by the Courts, again without charge.

In addition, we sometimes take on cases which we know will not permit recovery of the investment of time, effort, and money which we will put into those cases. We litigate such cases for a variety of reasons. Sometimes, they present an opportunity to effect a needed change in existing law. At other times, they allow us to attempt to correct a wrong. And in every case, they simply provide us with opportunities to help people in ways only trial lawyers can.
 
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