Gerald M. Finkel

Of Counsel

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:

• Commercial Litigation

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:

• J.D., University of South Carolina School of Law, Columbia, South Carolina, 1970
  • Honors: American Jurisprudence Award in Industries
  • 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:

• A Guide to South Carolina Torts (Co-Author), Palmetto Law Publishers, 1st ed., 1981
• A Guide to South Carolina Torts IV (Co-Author), S.C.T.L.A., 4th ed., 1995
• A Guide to South Carolina Torts III (Co-Author), S.C.T.L.A., 3rd ed., 1990
• A Guide to South Carolina Torts II (Co-Author), S.C.T.L.A., 2nd ed., 1986
• Survey of Damages, 21 S.C.L. Rev. 552, 1968
• Trends in Liability - Negligent Infliction of Emotional Distress, 4 S.C.T.L.A. Bulletin, July/August, 1980
• ​Cases and Materials on South Carolina Insurance Law, U.S.C. Press, Supplemented annually, 1988
• Insurance Law, S.C. Bar Review, Revised Annually
• Educating Laymen on Legal Fictions, Intangibles, and Other Ethereal Concepts, 28 S.C.T.L.A. Convention Program 350, 1985
• Effective Deposition Techniques, ALI-ABA Study Materials Federal Discovery Practice No. 3537, May, 1980
• South Carolina Legal and Business Forms (Co-Author), Lawyers Co-op, Vols. 1 and 3, 1988
• 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
• Property Insurance Issues in the Aftermath of Hurricane Hugo (Co-Author), South Carolina Lawyer, S.C. Bar, Sept/Oct, 1990
• Stacking of Liability Coverage: Unstacked, South Carolina Lawyer, S.C. Bar, May/June, 1998
• Medical Depositions and Court Appearances, Claimant's Counsel Perspective Painful Cervical Trauma (Co-Author with Williams & Wilkins), 1990
• Videotape Depositions, ALI-ABA Study Materials, Federal Discovery Practice No. C686, November, 1982
• 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:

• Mims v. Yarborough, 343 F.Supp., 343 F.Supp. 1146, 461 F.2d 1266 (1972)
• In re: Allen University, 497 F.2d 346 (1974)
• Mims v. Kemp, 516 F.2d 21 (1975)
• Chester County Hospital & Nursing Center v. Martin, 314 S.E.2d 308 (1984)
• Kores Nordic (USA) Corp. v. Sinkler, Gibbs & Simons, 327 S.E.2d 365 (1985)
• Interstate Securities Corp. v. Costantino, 72 B.R. 189 (1987)
• Lucas v. The South Carolina Coastal Council, 112 S.Ct. 2886, 120 L.E. 2d 798 (1992) 
• 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.