Lawyers, Legal Assistance, and the Courts

Choosing a Lawyer

The South Carolina Bar knows it can be hard to find the right kind of lawyer to help you with your legal matters. That's why we have prepared this brief, but informative fact sheet to help you with your search.

A quick Google search will reveal a number of attorneys willing to assist you. The question is, which one will be right for you? Well, a good place to start is to ask yourself . . .

Do I need a lawyer who concentrates in a certain area of the law or a general practitioner?
How much am I willing to pay to resolve this matter?
Is it important that the lawyer I choose be located near my home or office?
Is it important that I like the lawyer I choose?

After you've asked yourself those questions, it's a good time to start looking for referrals. Ask your relatives and friends for the names of lawyers they recommend.

The South Carolina Bar Lawyer Referral Service can help you find the right kind of lawyer. The toll free lawyer referral service maintains a list of their members who are willing to consult and advise you at a discounted rate of $50 for the first 30 minute consultation. If additional legal service is needed, the fee is something for you and your lawyer to agree on. You may call the Lawyer Referral Service at (803) 799-7100.

For criminal cases, each county in South Carolina has a Public Defenders Office that provides free legal services for those who are indigent and cannot afford a lawyer. For people who can't afford to pay in other matters, you may want to contact Legal Services. They can help with certain kinds of noncriminal cases.

Remember Lawyers and law firms are like hats they come in variety of shapes and sizes. Quality will come from the lawyer who best "fits" the needs of your particular case. You should feel confident about the lawyer's ability, before hiring him or her. Remember, you are looking for a lawyer, not a new friend, not Perry Mason, and no, not Ben Matlock.

The Initial Interview

Once you've picked a lawyer, there are a couple of things you should think about in preparation for your initial interview.

Think about your case or legal matter so that you will be prepared to answer the lawyer's questions.
Make note of the spelling of relevant names, dates, and other information that the lawyer may need.
Write down some basic questions for the lawyer. For example, "what is your experience in this area of the law?"
Gather any written materials that relate to your legal situation, such as traffic tickets, deeds and wills or letters from an opposing attorney.
Expect to discuss the entire legal matter, not just those parts that make you look good. Without the whole picture, your attorney cannot provide proper representation.

Some clients are too intimidated to ask their lawyers the following types of questions:

What result should I expect in this legal matter? Is there a good chance I can get what I want or am I wasting my money?
How long is it going to take to resolve this matter?
If I don't have enough money to pay your bill in full at the end of each month; could we set up a payment schedule?
Will I be billed for time we spend talking on the telephone? Does that rate include your staff and expenses? What exactly is billable time?
If there is something that you are wondering about, ask.

A Fee Agreement Is Importantant

It is important for you and your lawyer to agree about what you will pay the lawyer and what services the lawyer will perform. This way, both of you will know what to expect from each other as you work together on your case.

Abraham Lincoln once emphasized the value of a lawyer's time when he said, "a lawyer's time and advice are his stock and trade." The basic ingredient in most fees charged by lawyers is the amount of time spent on a particular problem. In one important way, a lawyer's professional services differ from those of a doctor or a dentist: much of the work is accomplished when the client is not present.

Often clients are unaware that the document and the advice given in a few minutes are actually the products of many hours of work. When you engage the services of an attorney, you are really hiring an entire law office to work for you. The legal fee usually depends on the time involved in preparation of the matter, the difficulty of the matter, the documents or pleadings which must be drafted, the number of letters, phone calls and interviews, the research, and the number and length of court appearances.

In many cases your lawyer may require a payment before agreeing to undertake the work. Often a lawyer will agree to represent you on a contingency fee basis. A contingency fee means that the lawyer's fee is due only if a settlement or recovery is achieved; it is based on a percentage of the amount recovered, with the exception of certain expenses.

You should discuss the costs of legal services at your first interview with the lawyer and reach an agreement. Do not hesitate to discuss fees at any time during the handling of your legal matter. If you have questions regarding a bill, talk it over with your lawyer. You may not be aware of the extent of the lawyer's work on the case.

Although written fee agreements are not always required, it is helpful to have your fee agreement in writing. Ask your lawyer for a written statement of the fees and costs involved as well as any other costs you might incur as a result of this legal matter. When the legal matter is resolved, your lawyer should provide you with a written settlement sheet that shows the total amount you paid and what it covered, including the attorney's fee, other costs, any outstanding bills from physicians or hospitals, and any liens.

Keeping Legal Fees Down

Here are a few suggestions from lawyers on how to keep your legal fees down:

When you go for your first interview, take any papers relating to the case. It's also a good idea to write down the names, addresses and phone numbers of all the persons involved as well as all the facts that you can recall which pertain to the case. Doing this yourself will cut down on the time your lawyer will have to spend in gathering information.
In your first meeting, it's important to make a full and honest disclosure to your lawyer of all the facts, good and bad. This is essential in making a determination about your case. Remember, your disclosures to your lawyer are confidential when not made in the presence of another person.
Don't allow your emotions to color the facts, try and be as accurate as you can. Brevity goes a long way in getting your money's worth, be as brief as possible with your phone calls. Actually, a good rule of thumb with phone calls is to avoid the unnecessary ones.
It's a good idea to decide in advance, as best you can, exactly what you want your lawyer to accomplish for you. Also take into consideration the financial advantages and disadvantages of a proposed legal action by discussing it with your lawyer. For example, would the court costs and legal fees be more than the amount of the bad debt you would like to recover?

Payment of Legal Fees

The time for payment of legal fees depends on the type of legal service you wish rendered. Your lawyer may require you to pay a retainer before the lawyer begins work on the case. Many lawyers will bill you on a monthly basis.

If you want to put a legal fee or costs on a credit card, ask your lawyer whether he or she participates in a plan for one of the credit cards you hold and whether the particular charge qualifies. If you are not certain you will be able to pay promptly, talk it over with your lawyer. You should be able to reach an agreement.

Mutual Responsibilities

Working closely with another can sometimes be difficult. Add to that the tension of being involved in a legal matter and you have the potential for any number of crossed signals and misunderstandings. In order to have a good working relationship with your lawyer, you'll want to remember to:

keep your lawyer informed of any new information that may be pertinent your legal matter;
ask questions when there is something you don't understand;
maintain a realistic view of the progress and outcome of your legal matter; and
pay your bill.

Your lawyer is committed to treating you with respect and courtesy and to:

charge a reasonable fee and to explain in advance how that fee will be computed and billed;
return your telephone calls promptly;
and keep you informed and provide you with copies of important papers.

Most people who hire lawyers find that their lawyers are effective, honest and hardworking. By following some of these suggestions, and by communicating clearly and fully, you'll improve the possibility of having a positive experience with your lawyer.

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.

Attorney fees

Attorney fees are important to both attorney and client. To the client, the fee is the cost of the legal service purchased. To the attorney, the fee represents his or her compensation.

Whether a case is civil or criminal usually affects the fee arrangement.

In criminal cases it is common to have all legal fees paid in advance or to require posting of something of value as security for payment.

A common fee arrangement in civil injury cases is the contingent fee. A person injured in an accident might enter into a contingent fee contract where the lawyer's fee will be based on a percentage of the recovery. If there is no recovery, then the client would owe no attorney fee. There may, however, be a charge for the attorney's expenses such as filing fees, court reporter fees, fees for expert witnesses, etc. The decision to enter into the contingent fee contract is a matter for agreement between the attorney and client.

For routine legal services, the fee is often a fixed one. Examples are preparation of a deed, or a simple will. The lawyer knows how much time and effort it will take. It is also usual to have a contract where the fee is based on the time spent by the lawyer and his staff on your case. An example might be the defense of a suit for breach of contract. The attorney fee agreement might provide details of the hourly rate for each person or category of persons in the firm who might work on the case.

Normally, the attorney fee charged is determined by the agreement between the client and the attorney. If no specific agreement was made, the law assumes that the attorney is entitled to a reasonable fee.

Contingent fees must be in writing, but it is wise to get all fee agreements in writing. While there is no requirement that an attorney fee agreement be in writing, it is wise to get it in writing. It should spell out the terms of the relationship and specify how the fee will be determined.

If a dispute does arise, the lawyers' Rules of Professional Conduct state the factors used to decide if a fee is reasonable. They are:

The time and labor required, the novelty and difficulty of the case, and the skill required to perform the legal service properly.
The likelihood, if apparent to the client, that if the lawyer takes a particular case, it will prevent him from taking other cases.
The fee normally charged in the area for similar services.
The amount involved and the results obtained.
Time limitations imposed by the client or by circumstances.
The nature and length of the professional relationship with the client.
The experience, reputation and ability of the lawyer.
Whether the fee is fixed or contingent.

No single factor determines what fee is fair and reasonable. How reasonable a particular attorney fee is must be judged on a case by case basis using the factors just described.

Sometimes there are disputes between attorneys and clients over the amount of the fee. If this happens there are several things you should do. First, sit down with your attorney and talk about it. Lack of communication, not the amount of the fee, may be the biggest problem, and it costs nothing to try.

If you are still not satisfied, the South Carolina Bar has a Resolution of Fee Disputes Board to which you can submit your fee dispute. They will conduct an investigation and make recommendations to settle the problem. Call the South Carolina Bar at 799-6653 to request an application to the Resolution of Fee Disputes Board.

If you cannot afford an attorney, the Legal Services Office in your community provides a free lawyer in many civil cases for those who qualify under Legal Services guidelines.

If you are charged with a crime and can not afford an attorney, you may qualify for representation by the Public Defender in your county.

Filing a grievance against an attorney

“A lawyer, being a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.” Preamble, Section (1), South Carolina Rules of Professional Conduct.

A grievance, or complaint, may be brought against an attorney if he or she violates the attorney’s Oath of Office, the Rules of Professional Conduct, criminal laws, or other rules governing the lawyer’s conduct.

The South Carolina Bar is a professional membership organization and does not investigate attorney grievances. However, if you want to file an ethical complaint against a South Carolina attorney, please contact the Office of Disciplinary Counsel, which is part of the South Carolina Supreme Court.

How to File a Grievance

To file a formal grievance, or complaint to the Office of Disciplinary Counsel, the complainant should follow the instruction given by the Office of Disciplinary Counsel or use their on line complaint form: https://www.sccourts.org/discCounsel/howToFile.cfm

Anyone can file a disciplinary complaint against a lawyer alleging the lawyer has engaged in misconduct or is incapacitated. Reasons for filing a complaint against a lawyer include:

Mishandling and misappropriation of funds or other property held by attorney lawyer for a client or third party.
Accepting a fee to do legal work, and not doing the work within a reasonable length of time. A “reasonable length of time” depends upon the type or complexity of each case. While some matters may be concluded in a relatively short period of time, others may require up to several years to complete.
Accepting a case the lawyer is not professionally competent to handle. For example, a complicated tax matter might require an attorney experienced with tax law, not a criminal lawyer. A complicated child custody case might better be handled by an attorney experienced in family law, not an attorney who focuses on probate matters.
Breach of confidentiality by the lawyer or the lawyer’s staff.
The lawyer’s violation of criminal or civil laws. This includes willful misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, conspiracy or solicitation of another to commit a “serious crime”, as defined by the rules.
Lawyer’s failure to respond to calls, emails or letters.
Not returning a client’s file or documents upon the client’s request at the conclusion of the representation.
Dishonesty to a client, a court or others.

This is not an exhaustive or exclusive list.

The Supreme Court’s lawyer disciplinary process cannot address:

Routine disputes about fees. The South Carolina Bar has a Resolution of Fee Disputes Board to address most of these complaints.
Personality conflicts between a client and his lawyer.
Allegations that a criminal conviction or sentence was unfair. Complaints about a mistake that happened during the trial trial are usually addressed through an appeal. Claims of ineffective assistance of counsel in a criminal case are addressed through the post-conviction relief process although ineffective assistance of counsel may sometimes also involve allegations of lawyer misconduct.
A lawyer not obtaining a favorable outcome in a legal matter. For example, complaints growing out of a domestic relations case when the client did not get the result the client wanted do not necessarily involve allegations of lawyer or judicial misconduct.
Collecting a bill owed by a lawyer. The courts handle cases like that.
An honest disagreement over how a case should be handled.

What happens after you file a complaint?

The Supreme Court’s Office of Disciplinary Counsel conducts an investigation. The matter will then be concluded in some fashion, either with a dismissal, a confidential disposition, or public discipline. Confidential dispositions include a letter of caution to the lawyer or a confidential admonition. Some disciplinary investigations are concluded with discipline the Supreme Court imposes with the lawyer’s consent. In other matters, the Supreme Court’s Commission on Lawyer Conduct will hold a public hearing at which the Disciplinary Counsel and the lawyer will present evidence. The Commission will then make a recommendation to the Supreme Court on the disposition of the matter. The Supreme Court makes the final determination in all public disciplinary matters. The Supreme Court can adopt an agreement for discipline, impose a sanction, or dismiss the complaint.

The “discipline” imposed can range from a confidential admonition to disbarment. In rare cases, the Supreme Court may order the lawyer to return to the client a portion of fees paid or may order other types of financial restitution.

Key points to remember include:

You are not required to have a lawyer assist you in filing a grievance. You may do so by letter to the Commission on Lawyer Conduct or the Office of Disciplinary Counsel, but you must have hard facts and evidence which investigators can get and use to support your complaint.

If you file a complaint you will not become a party to the proceedings. All disciplinary investigations are confidential unless a public hearing or public sanction is required; however, the attorney will receive a copy of your complaint, and you will be notified when the matter is concluded. Each investigation takes its own time, and sometimes can take years to resolve. This is especially true if there are related criminal proceedings in process related to the matter.

Legal Aid services in South Carolina

Legal Services in non-criminal matters for people who cannot afford a private lawyer are provided by SC Legal Services. Some of the types of legal services which may be available include: evictions, bankruptcies, health care problems, education, mortgage foreclosures, social security disability, employment problems, some limited divorce and custody matters and food stamp and welfare problems. Legal Services programs do not handle criminal law cases.

In determining whether a person is eligible for legal aid, income, size of family and special financial needs are considered. The legal services are free to eligible low income people, but clients are asked to pay court costs if possible.

To find out if you are eligible for assistance through SC Legal Services, call the Legal Aid Telephone Intake Service (LATIS) at 803-744-9430 in Richland or Lexington counties or 1-888-346-5592 from other parts of the state.

Public Defender services in South Carolina

Public Defender services are provided by offices located in most counties in the state to people charged with a crime who cannot afford to hire a private lawyer. Public Defender services are available to people who qualify regardless of whether they are in jail or out of jail.

If you need a lawyer in a criminal case and cannot afford one, you should contact your local Public Defender Office. To find the number for your local Public Defender, look in the telephone book under County Government and find the listing for Public Defender. In determining whether you are eligible for a Public Defender, your income, size of family and special financial needs are considered as well as the type of crime that you are charged with. Your local Public Defender will make the determination and tell you if you qualify for their services.

Voting Rights Act

The Voting Rights Act was enacted in 1965 by the U.S. Congress to assure that the right of citizens to vote is not denied or abridged due to race or color.

There are two major provisions of the Voting Rights Act. One is referred to as Section 2. This section prohibits racial discrimination in voting nationwide. A voter may bring an action in federal court under this provision if they feel their right to vote has been denied or in any way affected due to race.

The other major provision is referred to as Section 5. This portion of the Act affects only covered states, including South Carolina. Under the provision of this section, no change affecting voting may be implemented without prior clearance from the United States Justice Department in Washington, D.C. or a three-judge court in the District of Columbia. Examples of the types of changes covered by the Act are reapportionment or the changes in an elected officials' constituency district, a change in an office from elective to appointive or appointive to elective, changes in precinct lines, and changes in a term of office.

Any change in the election procedure from that currently in effect must be cleared before it is implemented. That means that actions affecting voting rights enacted by the State or a county, city, school district or any other political subdivision of the State must be submitted for approval prior to having that proposed change go into effect.

If the submission is made to the Justice Department, as opposed to the courts, the Justice Department has up to 60 days before they must enter an objection or no objection to the proposed change. If they enter no objection the act may be implemented. If they object the law cannot go into effect.

The Voting Rights Act was extended in 1982 for another 25 years and will expire in the year 2007 unless it is again extended by the U.S. Congress.

Alternative Dispute Resolution (ADR)

ADR provides alternatives to lawsuits and trials. The three primary methods of ADR include negotiation, mediation and arbitration.

Negotiation
In negotiation parties work directly with each other to resolve their dispute. Attorneys may or may not be involved. Many issues are resolved through this peaceful method of discussion.

Mediation
In mediation, a qualified person called a mediator assists the parties in resolving the dispute. A mediator has the education, training and experience required to help the parties settle the matter. The parties make the decisions, not the mediator. The mediator does not coerce or force a party to take a position. The parties maintain control of the outcome. They can either settle the matter in mediation or go forward with the litigation process or some other form of ADR. Mediation is generally confidential.

Arbitration
In arbitration, a qualified person makes a decision after the parties have presented their sides of the dispute. This decision can be binding or nonbonding. If it is binding, the arbitrator's decision becomes part of a contract between the parties. As with the mediator, the arbitrator has the education, training and experience to make the decision. Arbitration is also generally confidential.

Mediators and arbitrators are called “neutrals” because they are impartial and do not take sides. Other forms of ADR include: early neutral evaluation, summon trial and settlement conferences. Anyone can be a mediator or arbitrator in a dispute, so long as all parties agree. If the parties cannot agree on a neutral, the Court can often appoint one for you. The parties must pay for the neutral; if appointed by a South Carolina Court, the amount is generally fixed by law. Otherwise, the amount is the arbitrator's price the parties agree to pay.

ADR has become very popular because it can reduce costs, in time, money and stress for all parties. Attorneys are advising their clients that ADR is an option to resolve disputes. The courtroom is no longer your only choice.

Some of the other benefits of ADR can include: early resolution of conflict; avoiding the risks of litigation; and privacy of dispute.

Also, the parties control the outcome, not a judge or a jury; and the parties can be creative in resolving dispute, the law does not limit resolution.

Almost any type of dispute can be resolved through ADR. Business matters, neighborhood disputes, family or divorce issues, money disputes, or any matter involving conflict may be resolved. If you have tried to negotiate a dispute and the negotiations have failed, consider mediation or arbitration.

If both parties are willing to discuss the matter in good faith, mediation may be a proper choice. In mediation, the parties often have lasting acceptance of the resolution because they participated more fully in reaching that resolution than they might have done in court. Mediation is often as informal and flexible as the parties choose.

If the parties want someone else to make the decision, but want to avoid the costs, time and publicity of going to trial, arbitration may be the solution. Arbitration is less formal than a court of law, even though the parties do present their cases to a decision-maker.

ADR is now mandatory in all 46 counties in South Carolina for circuit and family court. Probate judges may also order mediation in cases if they think it is necessary. Some magistrate courts have mediation programs as well. The ADR Rules set out guidelines for mediation in circuit and family courts and arbitration in circuit court. These rules also set out criteria for becoming a mediator or arbitrator. The South Carolina Bar administers these programs for the South Carolina Commission on ADR.

Conflict Resolution

Wherever there are people, sooner or later there is conflict. But conflict - in the home, at school and even in the streets - does not have to be solved by fighting.

There are better ways to deal with the problem. Here are nine suggestions for dealing with disagreements:

Don't fight.
Don't try to be (or expect anyone else to be) a “mind reader”
Be a good listener
Avoid “tit-for-tat” exchanges and yelling matches.
Don't get personal - be respectful and fair. Treat others as you wan to be treated.
Look at the problem from another point of view.
Look for a new approach - a way everyone can get what they want.
Balance criticism with understanding.
Aim for solutions that make everyone feel like a winner.

The next time you have a serious disagreement in you life, try the suggestions mentioned before. If there are young people in your life, remember that children learn by your example. If you cannot resolve a dispute yourselves, but you do not want to go to court, consider mediation or arbitration. This option is discussed in Alternative Dispute Resolution above.

South Carolina municipal courts

There are over 200 municipal courts in South Carolina. They handle only criminal cases where the fine cannot exceed $200, and the jail term can be no more than 30 days. Court costs will be added to the amount of the fine. Court costs are extra costs which must be paid in addition to the fines or jail terms. Municipal courts can also issue arrest or search warrants and conduct bond hearings and preliminary hearings for major criminal cases, which are to be tried later in General Sessions Court.

Since municipal courts have jurisdiction to handle only criminal matters, they cannot help you if you want property returned or if someone owes you money and refuses to pay. Civil cases involving $7,500 or less, as well as any landlord/tenant problem, may be handled in the County Magistrate's Court.

Finding the appropriate magistrate

Finding the appropriate magistrate will depend upon the nature of your problem or claim.

The laws of South Carolina require that a small claim, or virtually every other claim of a civil nature, be filed in the county where the defendant lives. If the defendant lives in a county distant from you, you should file your claim in a magistrate's court having jurisdiction in that county. The magistrate in that county will then have a copy of your complaint, along with a summons, served upon the defendant.

Once this is done, that magistrate acquires jurisdiction, or authority, to hear your case.

If you and the defendant both live in the same county, you should file your claim in the magistrate's court in that area of the county where the defendant resides, unless local custom provides otherwise.

A claim and delivery action to obtain possession of personal property must be filed with a magistrate in the county where the personal property is located.

The provisions of the Uniform Commercial Code may apply if an individual living in another state conducts business with you in South Carolina. You may sue such an individual in South Carolina, in the magistrate's court in the county where the debt was incurred.

However, unless the out of state defendant owns property located in South Carolina against which you can enforce your judgment, you may find your efforts are a waste of time and money.

A landlord-tenant action should be filed in the county and in the area where the rental property is located.

If you are the victim of a crime and want to have an individual arrested, you must see a magistrate in the county in which the criminal offense was committed, which might not necessarily be the county in which the defendant resides.

Magistrates Small Claims Court

The magistrate court in many instances functions as a Small Claims Court. In order for this court to have jurisdiction, your claim cannot exceed $7,500, except in disputes between landlords and tenants.

Employees of the magistrate court will help you file your claim in writing and will explain to you how your case will proceed through trial. You are not required to hire an attorney unless you so desire.

Filing fees are determined by the county in which the claim is filed. Other fees may also be added for services such as delivering a copy of the complaint to the defendant or summoning a witness to trial plus mileage. Should the court decide in your favor on your claim, these fees may be added to the judgment you receive. You may be relieved from paying these fees if the magistrate determines that you are financially unable to do so.

Once your written complaint is filed, the magistrate will issue a summons requiring the defendant to file an answer with the court within 30 days after he receives your complaint. Both the summons and complaint are then served upon or delivered to the defendant. Should the defendant fail to answer your complaint within the 30 days required, you may be given a judgment by reason of default. When your damages cannot be measured with certainty, you may be required to appear in court and provide testimony and evidence to support your claim.

If the defendant answers your complaint within the 30 day period and denies your claim, a trial will be scheduled. If either party wants a jury trial, it must be requested in writing at least five working days prior to the date set for trial.

The burden of proving your claim lies with you. You must be prepared to present your evidence and any witnesses you need to support your claim. Do not let this scare you. The trial will be rather informal. While the magistrate cannot take sides, he will not permit anyone to take unfair advantage of you during the trial.

If you win your case, you will be given a judgment. Let me caution you that even if the court decides in you favor, you may have difficulty in actually collecting money from the other person. This is because the decision or judgment of any court to award money to a winning party must be enforced by court order to seize the losing party's property and to sell such property at a public auction. The money received by such a sale of property is then given to the person who won in court. The big problem is that the losing party may not own any property or his property may have prior claims ahead of yours or it may be exempt by law from seizure and sale. You should find these things out before you file your small claim; otherwise, you may find you have wasted your time and money.

A losing party has the right to appeal the decision rendered in the magistrate's court to the circuit court. When this is done, the circuit court looks at the record in the case and determines whether or not the magistrate made any mistakes in his rulings and whether or not the judgment is supported by the evidence.

The circuit court does not take testimony or conduct another trial. Be sure to ask the court personnel about your right to appeal.

Jurors

Jury Service is the only way that a person not elected to or appointed to a position in the court system can serve in the judicial branch of our government.

The jury system is one of the foundation stones of free men and women. Trial by jury was something that our founding fathers felt was extremely important and they preserved that right in the Constitution of the United States of America and the Constitution of South Carolina. The jurors are the sole tryers of the facts in any case, criminal and civil, and the Constitution of South Carolina prohibits a judge from making any comment on the facts during the trial of a case, except when the jury is absent.

In our criminal court system there are two types of jury panels; the grand jury which consists of 18 people and the petit jury, which consists of 12 people at the circuit court level. Both the United States and the South Carolina Constitutions provide that no person can be charged with a capital, or death penalty" crime or other infamous crime except by indictment of a grand jury. In every criminal case, a person who is charged with a crime has a right to a jury trial.

The petit jury listens to evidence in every criminal case and in every civil case that is entitled to be tried by a jury. The jury decides whether the person charged is guilty or innocent in the criminal case. In the civil case they decide whether one party is liable to another for damages or other legal relief and, if so how much. When the jury decides a case they reach what is called a verdict. Verdict is a Latin word which means "to speak the truth." In order to reach a verdict in a case, all 12 jurors must agree; there is no majority rule.

All jury deliberations are secret. From the time you are sworn in by the clerk of court until you have reached a verdict, you must never discuss the case with anyone except the other members of the panel you are serving with, and only when the judge tells you to begin deliberations.

When you are called as a juror, take the summons that you will receive to the courthouse. You will go to a designated place which will be either a jury assembly room or a courtroom. You will be seated with the other jurors that have been summoned to serve with you. This entire group is called a venire.

When court convenes, the judge will be sitting behind an elevated desk called the bench; other court officials may include the clerk of court, the court stenographer or court reporter, and a representative of the sheriff's department.

In a criminal case, when your name is called, you may be asked to go to the front of the courtroom and the prosecuting attorney will make a decision as to whether you are to be on that jury. Next the attorney defending the person charged with the crime will also have a chance to say whether you are to serve on that jury.

In a civil case the jury is selected in quite a different manner. All of the names of all the jurors in the jury assembly room or the courtroom will be in a container on the desk of the clerk of court. A child under the age of ten, blind person or court official will draw names from this container until there are 20 names drawn. The plaintiff will then strike out four names and the Defendant will strike out four names, leaving a panel of twelve jurors who will try the case. After the final selection of twelve jurors, if you are selected, you will be seated in a space in the courtroom specially provided for the jury.

The clerk of court will administer the oath of office and the trial will start. During the trial of the case, you must listen to the testimony as each witness testifies, consider any exhibits of evidence, and decide the case on what you hear and see there in the courtroom. It would be a violation of the judge's instructions and highly improper to consider anything that you hear from other people, hear on television, or read in the newspapers.

After all the testimony and evidence has been presented by both sides of the case, the lawyers on each side will make final arguments to your jury panel. After that, the judge will explain the law that applies to the case and based on the facts that you have heard from the witness stand, the evidence presented and the law that the judge has explained, you must reach a verdict.

The judge will send you to a jury room where your deliberations will be in secret. Once you reach a unanimous verdict and it is read in court, your job is done and the judge will dismiss you. In the unusual situation where the jury is unable to reach a unanimous verdict, the judge may find it necessary to declare a mistrial and the case will have to be tried again before a different jury.