Arthur E. Justice, Jr.
Art Justice has been a trial lawyer with Turner Padget his entire career, which spans more than 27 years. As the Turner Padget lawyer with the longest tenure in the Florence office, he has experience in a number of diverse, yet interrelated, areas of practice. Art has a large employment practice that includes both employment counseling, and when necessary, defense of his clients’ employment practices in the courtroom. He defends professional liability suits against attorneys, accountants, insurance agents and brokers, and other professionals. He also assists the firm’s business clients in other litigation matters, including closely held company disputes, and mortgage and other financial fraud actions. In addition to his litigation and employment counseling, Art has been the lead attorney on a number of economic development projects, providing analysis, negotiation, documentation and implementation of tax and other incentives for expanding or new business locations. Art is the Practice Group Leader for the firm's professional liability practice group.
Much of Art’s trial practice has been in federal court, where he has tried numerous employment cases including the defense of Title VII claims and suits under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). In recent years, many of his employment matters have involved the defense of wage and hour claims under the Fair Labor Standards Act (FLSA).
Art provides an understanding but aggressive defense to other attorneys, accountants, and other professionals who have been accused of negligence in their profession. Many times in closely held corporations, disputes that arise can create a “bet the company” case, which is when Art’s courtroom experience, coupled with his astute business counsel, can make the difference. Art worked at the Louisiana State University dairy farm to help pay for school, so he understands the value of hard work and long days. He also understands that his busy clients need someone to take a problem off their plate and handle it responsibly and effectively. Art believes that involvement in his community is important. From being the youngest chairman of the board of the Greater Florence Chamber of Commerce in 1993, his tenure as chairman of Florence County Progress from 1997 through 2000, through his term as 2009 chairman of the board of the Florence United Way, Art knows that it is important to give time and committed service to the community in which he lives. When not working, you will find Art on the farm in a deer stand, duck blind, or right behind his favorite bird dog.
“Prevention is worth a pound of cure, so I take my role as a counselor very seriously. When needed, however, I am at heart a trial lawyer.”
Representative Matters
Employment
- Defended a building supply company in a federal suit alleging that the plaintiff had been fired from his job because he complained about a female supervisor who used profane language around the plaintiff. Art obtained a dismissal of the suit before it ever got to trial because he showed, through employee affidavits, that everyone in the warehouse, including the plaintiff, used bad language every now and then.
- Represented an employer in a lengthy and involved wage and hour investigation by the Department of Labor, in which Art and his team were able to demonstrate that Fourth Circuit case law clearly held that the client’s treatment of meal and wait time was in compliance with the FLSA. When one of the client’s former employees wanted to continue to pursue the matter by threatening a lawsuit, Art met with her attorney and fully explained the client’s position, resulting in the former employee dropping her claim.
- Served as employment counsel, for over 20 years, to County Disability Boards, 501(c)(3) organizations whose governing boards are appointed by the governor. Art now represents approximately 25 percent of such boards in South Carolina, some of which have over 350 employees.
- Assisted a major building materials company determine the most economical way to downsize its multi-state warehouse system and develop and implement a reduction in force plan. As a result, the client is now expecting a return to growth.
Professional Liability
- Represented an attorney in a malpractice action in which Art’s client was alleged to have failed to properly counsel the plaintiffs on very intricate bank regulations. The case settled for an amount very favorable to Art’s client, because he was able to show that the plaintiffs’ own actions contributed to the imposition of the divestment order by the regulatory agency.
Economic Development Incentives
- Represented Heinz Company to obtain all of the documentation and implementation of tax and other incentives that the company needed to locate its new plant in South Carolina.