Gerald M. Finkel
Of Counsel
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(843) 577-5460
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fax
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(843) 577-5135
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Gerald Finkel was the founder Finkel Law Firm LLC and the firm’s
managing member. Since January 2007, he transitioned into the role of
the firm's Of Counsel. He is highly regarded in legal circles for
his legal knowledge and experience. He has lectured and authored publications
on many legal topics, including Business Law, Torts and Property Rights,
Insurance Law, and more. Mr. Finkel has been a proud member of the American
Law Institute for more than 30 years and is a member of the Ninth Circuit
Fee Disputes Panel. He is a certified Court Arbitrator.
From 1981 to 2006, Mr. Finkel was as an Adjunct Professor at the University
of South Carolina School of Law and taught courses on Trial Advocacy.
Between 2007 and May 2015, Mr. Finkel served as a Professor of Law at
the Charleston School of Law, where he taught on legal topics that included
Torts, Evidence and Trial Advocacy, and Insurance Law. In 2006, Mr. Finkel
was honored with Distinguished Visiting Professor of Law by the Charleston
School of Law.
Mr. Finkel has previously served as a Special Judge for the Court of General
Sessions for the Fifth Judicial Circuit and the Richland County Family
Court and, as Chairman of the Insurance, and as past President of the
South Carolina Association for Justice. Mr. Finkel also served on the
South Carolina Appellate Defense Commission in 1981 and on the Governor’s
Sentencing Guidelines Commission.
Practice Areas:
Bar Admissions:
- South Carolina, 1970
- District of Columbia, 1973
- U.S. Court of Appeals District of Columbia Circuit, 1973
- U.S. Court of Appeals 4th Circuit, 1972
- U.S. District Court District of South Carolina, 1971
- U.S. Court of Federal Claims
- U.S. Supreme Court, 1973
Education:
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J.D., University of South Carolina School of Law, Columbia, South Carolina, 1970
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Honors: American Jurisprudence Award in Industries
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Honors: American Jurisprudence Award in Evidence
- Business Manager of the Law Review: South Carolina Law Review, 1970
- B.A., New York University College of Arts and Science, New York, New York, 1962
Published Works:
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A Guide to South Carolina Torts (Co-Author), Palmetto Law Publishers, 1st ed., 1981
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A Guide to South Carolina Torts IV (Co-Author), S.C.T.L.A., 4th ed., 1995
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A Guide to South Carolina Torts III (Co-Author), S.C.T.L.A., 3rd ed., 1990
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A Guide to South Carolina Torts II (Co-Author), S.C.T.L.A., 2nd ed., 1986
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Survey of Damages, 21 S.C.L. Rev. 552, 1968
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Trends in Liability - Negligent Infliction of Emotional Distress, 4 S.C.T.L.A. Bulletin, July/August, 1980
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Cases and Materials on South Carolina Insurance Law, U.S.C. Press, Supplemented annually, 1988
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Insurance Law, S.C. Bar Review, Revised Annually
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Educating Laymen on Legal Fictions, Intangibles, and Other Ethereal Concepts, 28 S.C.T.L.A. Convention Program 350, 1985
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Effective Deposition Techniques, ALI-ABA Study Materials Federal Discovery
Practice No. 3537, May, 1980
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South Carolina Legal and Business Forms (Co-Author), Lawyers Co-op, Vols. 1 and 3, 1988
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The Coast is Clear; Lucas Court Sheds Light on Regulatory Takings (Co-Author), 2 S.C. Env. L. J. 28, U.S.C. Press, 1992
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Property Insurance Issues in the Aftermath of Hurricane Hugo (Co-Author), South Carolina Lawyer, S.C. Bar, Sept/Oct, 1990
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Stacking of Liability Coverage: Unstacked, South Carolina Lawyer, S.C. Bar, May/June, 1998
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Medical Depositions and Court Appearances, Claimant's Counsel Perspective
Painful Cervical Trauma (Co-Author with Williams & Wilkins), 1990
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Videotape Depositions, ALI-ABA Study Materials, Federal Discovery Practice No. C686, November, 1982
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CGL Coverage and the Myth of L-J v. Bituminous Fire & Marine Ins. Company
(Co-Author), South Carolina Association for Justice Bulletin, Fall, 2004
Notable Cases:
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Mims v. Yarborough, 343 F.Supp., 343 F.Supp. 1146, 461 F.2d 1266 (1972)
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In re: Allen University, 497 F.2d 346 (1974)
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Mims v. Kemp, 516 F.2d 21 (1975)
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Chester County Hospital & Nursing Center v. Martin, 314 S.E.2d 308 (1984)
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Kores Nordic (USA) Corp. v. Sinkler, Gibbs & Simons, 327 S.E.2d 365 (1985)
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Interstate Securities Corp. v. Costantino, 72 B.R. 189 (1987)
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Lucas v. The South Carolina Coastal Council, 112 S.Ct. 2886, 120 L.E. 2d
798 (1992)
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City of Folly Beach v. Atlantic House Properties, 458 S.E.2d 426 (1995)
Courses Taught:
- Attorneys' Fees as Damages "Damages and Remedies", S.C. Bar
C.L.E. Program, February 7, 1986
- Attorneys' Fees, University of South Carolina School of Law, C.L.E.,
November 1, 1986
- Banking Law Seminar, Southern National Bank, June 18, 1987
- Charts, Drawings and Blackboards, Practical Evidence for Trial Attorneys,
S.C.Bar, June 9, 1989
- Contradictory Relationships Between Government Laws and Property Rights,
"A Day of Environmental Education", Natural Resources Foundation
of Texas, Fort Worth, Texas, January 14, 1994
- Depositions in Civil Litigation, William S.Hall, Psychiatric Institute,
South Carolina Department of Mental Health, May 28, 1988
- Earthquake Insurance: Disaster Legal Assistance, ABA/FEMA, December 13,
1991 - December 14, 1991
- Exceptions to the Hearsay Rule, S.C. Bar Judicial C.L.E. Seminar, August 8, 1980
- From the Medical Record to the Deposition, Richland Memorial Surgical Grand
Rounds, March 5, 1988
- Federal Discovery Techniques, S.C.T.L.A. Convention Program, 1978
- Federal Civil Procedure, S.C. Bar, Basic Skills Course, November 2, 1979
- Federal Discovery, ALI-ABA Seminar, May 23, 1980
- How to Successfully Make and Manage Objections at Trial in South Carolina,
National Business Institute, March 23, 2001
- "I Did It - Pay Me Anyway!" - Special Problems in Automobile
Insurance, S.C. Bar Convention, January 24, 2004
- Insurer's Duty to Defend, South Carolina Bar Convention, January 22, 2005
- Insuring Mother Nature, Disaster Relief: Advising Victims after the Dust
Settles, S.C. Bar C.L.E., September 4, 1998
- Juvenile Defense, S.C. Bar Judicial C.L.E. Seminar, November 16, 1979
- Lender Liability Seminar, The Bank Administration Institute - S.C. Chapter,
November 12, 1987
- Lender Liability Commercial Law Seminar, First Union National Bank of South
Carolina, Columbia, South Carolina, September 11, 1990
- Lender Liability Commercial Law Seminar, First Union National Bank of South
Carolina, Greenville, South Carolina, September 25, 1990
- Lucas v. South Carolina Coastal Council, ABA National Appellate Advocacy
Competition Banquet, Columbia, South Carolina, March 21, 1993
- Lucas v. South Carolina Coastal Council, 3rd Annual Maine Conservation
Rights Congress, Bangor, Marine, April 24, 1993
- Lucas v. South Carolina Coastal Council, Texas and Southwestern Cattle
Raisers Association's 117th Annual Convention, Fort Worth, Texas,
March 29, 1994
- Mechanics Liens under the Bankruptcy Code "Construction Law/Mechanics
Lien Seminar", S.C. Bar C.L.E. Program, June 18, 1982
- Negotiation and Counseling Skills for Lawyers, Professional Institute's
Second Annual Law and Psychology Seminar, Montego Bay, Jamaica, January
26, 1983 - January 30, 1983
- Preference Litigation, Richland County Bar, January 5, 1983
- Regulatory Takings Since Lucas, Takings Conference, Albany Law School,
April 4, 2003 - April 5, 2003
- Regulatory Takings Development Since Lucas, Eminent Domain Seminar CLE
International, February 28, 2005 - March 1, 2005
- Second Annual Governor's Summit on Growth, Property Rights Speech,
March 12, 2001
- Trial Strategy-The Beginning of The End "Bad Faith Litigation in South
Carolina", National Business Institute, Columbia, South Carolina,
December 16, 2004
- Property Rights and the Courts, Clemson University's College of Forest
& Recreation Resources Teleconference, Forest Farmers Association,
South Carolina Farm Bureau Federation, September 21, 1993
- Property Rights and the Courts, Clemson University's College of Forest
& Recreation Resources Teleconference, South Carolina Forestry Association
in Cooperation with Society of American Foresters, S.C.Department of Agriculture,
September 21, 1993
- Property Rights and the Courts, Clemson University's College of Forest
& Recreation Resources Teleconference, S.C.Forestry Commission, S.C.Sportsmen's
Coalition, September 21, 1993
- Sources and Preparation of Expert Witnesses, S.C. Bar Trial Advocacy Series,
August 29, 1980
- Speaker, Advocacy in Civil and Criminal Trials, Young Lawyers Program,
S.C. Bar Midyear Convention, 1986
- The Damages Settlement Package, S.C. Bar Damages Seminar, March 25, 1977
- The Law of Seat Belt Defense, S.C.T.L.A. Criminal Law and Automobile Torts
Seminar, October 14, 1977
- The Lawyers Perspective; Insurance Law; Agent Responsibility; Flood, Wind,
Rain and Hail, Hugo Related Hurricane issues, South Carolina Legal Services
Association, December 11, 1989 - December 12, 1989
- The Lawyers Perspective; Insurance Law; Agent Responsibility; Flood, Wind,
Rain and Hail, Hugo Related Hurricane issues, S.C.Bar, December 8, 1989
- The Lawyers Perspective; Insurance Law; Agent Responsibility; Flood, Wind,
Rain and Hail, Hugo Related Hurricane issues, Charleston Country Bar,
October 27, 1989
- The Lawyers Perspective; Insurance Law; Agent Responsibility; Flood, Wind,
Rain and Hail, Hugo Related Hurricane issues, South Carolina Legal Services
Association, December 4, 1989
- The Physician as a Witness, Richland Memorial Hospital Department of Surgery,
September 11, 1990
- Trustee Litigation: Jurisdiction, Removal Venue and Jury Trials in Bankruptcy
Proceedings, U.S.C. Law School and Seminar Series-Bankruptcy Clinic, Fall, 1981
- Utilization of Computers by the Trial Lawyer, The John Belton O'Neall
Inns of Court Program, October 20, 1988
- What Is An Occurrence?, Charleston County Bar Association, October 18, 2001
Professional Affiliations:
- American Bar Association (Member)
- American Law Institute (Member)
- Richland County Bar Association (Member)
- South Carolina Association for Justice (Member)
- South Carolina Bar (Member)
- Supreme Court Historical Society (Member)
**Any results the law firm may have achieved in past cases does not imply
or indicate that similar results may be had in your case. Outcome of litigation
is dependent on many factual and legal circumstances that may differ in
your particular case.