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Legal Department

Contact Information, Office Hours
Functions, Department Responsibilities
Common Terms, History, County Codes

Functions

Advise and represent the County on legal matters

The Legal Department advises, represents and defends Charleston County and County employees before courts and administrative bodies. The department includes a County Attorney, Deputy Attorneys, Contracts Attorney, Assistant Attorneys and Legal Secretaries. This Department is also responsible for drafting and enforcing ordinances and collecting existing claims in favor of Charleston County.

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This Department Does

dot Advise, represent and defend County Council, its members, the County and its employees, and the elected officials and appointed officials before courts and administrative bodies
dot Provide legal services relating to County real estate transactions, bond issues, procurement, contracts, taxes, personnel, drafting and enforcing ordinances, and collecting any claims existing in favor of the County or its agencies

This Department Does Not

dot Provide legal services to individual employees on personal matters
dot Provide legal services to citizens on personal matters. Services are available through:
  dot Pro Bono Legal Services
  dot S.C. Center for Equal Justice at (843) 720-7044
  dot S.C. Bar Referral (800) 868-2284    9-5 M-F 
($50 Consult fee for 30 minutes).

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Common Terms

Action, Case, Suit, Lawsuit-- Synonyms; these words all refer to a legal dispute brought into court for a trial.

Answer-- The paper in which the defendant answers the claims of the plaintiff.

Argument-- The presentation of the review of the evidence and summation by the attorneys at the end of the case, after all evidence is in and both parties have rested.

Civil Case-- A lawsuit between persons in their private capacities or relations, or when the government (whether federal, state or local, or some department thereof) sues an individual under the law, as distinguished from prosecuting a criminal charge. It results generally in a verdict for either plaintiff or defendant and, in many cases, involves the awarding or denying of damages.

Clerk-- A member of the Clerk of Court's staff of the court who sits at the desk in front of the judge, administers the oath to jurors and witnesses before their testimony, and keeps a record of all papers filed.

Contempt-- Failure by a person without adequate excuse to obey a subpoena served upon that person.

Court Reporter-- A person who makes a stenographic record of a case, which is later transcribed. The Court Reporter also marks all exhibits when they are received in evidence.

Cross Examination-- Questions put by a lawyer to the opposing party and his witnesses.

Defendant-- In a civil case, a lawsuit is brought against the defendant. In a criminal case, the defendant is charged with an offense.

Deposition-- Written testimony which may be read at a trial.

Examination-- Questions put by a lawyer to his own clients or his own witnesses.

Exhibits-- All objects and documents received in evidence.

Instructions/Charge to Jury-- Outline of rules of law which the jury must follow in their deliberations.

Issue-- A disputed question of fact which the jury must answer in order to reach a verdict.

Jury Panel-- The whole body of prospective jurors from which the trial jury is chosen.

Objection overruled-- In the Judge's opinion, the lawyer's objection is not appropriate under the rules of law.

Objection sustained-- The judge agrees that the lawyer's objection was appropriate.

Opening Statement-- An outline by a lawyer to the jury of the nature of the case and the evidence expected to be brought.

Parties/Litigants-- The plaintiff and the defendant in the case.

Plaintiff-- The person bringing the lawsuit.

Pleadings-- Papers stating the parties' claims against each other.

Record-- Pleadings, exhibits and stenographic record made by a court reporter.

Reply-- Plaintiff's answer to defendant's claims.

Rest-- The lawyer has concluded introducing the evidence.

Striking Testimony-- The removal of certain testimony or evidence from the record, with instruction to the jury that the same be regarded as if it had never been given.

Subpoena-- The document served upon a witness to compel his appearance in court.

Verdict-- The finding made by the jury on the issue submitted to them.

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History

Charleston County Government initially had two legal positions. The County Attorney advised County boards, commissions, agencies and offices on legal matters while also acting as attorney for the Domestic Relations Court. The Attorney for Council advised the Charleston County Board of Commissioners, and after 1949, the County Council.

On Feb. 20, 1962, Council hired two Assistant County Attorneys to work under the supervision and direction of the Attorney for Council. A third Assistant was added in 1969, and a fourth in 1972.

Due to increasing demands from County departments and agencies, in February 1974, Council approved a Deputy County Attorney position -- the first full-time in-house lawyer.

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Contact Information

Lonnie Hamilton, III Public Service Building
4045 Bridge View Drive
North Charleston, SC 29405
(843) 958-4017 (Fax)

Office Hours

Monday-Friday
8:30 a.m.-5 p.m.

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