Elaine H. Fowler
Elaine has been with Turner Padget since graduating from law school in 1975. She was one of the first 100 or so women attorneys to be licensed in South Carolina, at a time when it was quite challenging for a woman to be successful in the legal profession. Elaine succeeded in overcoming those challenges. Among other accomplishments, her determination, hard work, level-headedness, negotiating abilities and the respect she earned from her peers led her to be elected as the first female president of the South Carolina Bar. After trying both litigation and transactional work for several years, Elaine made the decision that her talents were best suited for the business side of the practice of law. She served as outside general counsel for a number of manufacturing, trucking, retail and distribution businesses, in which role she gained a very broad base of experience in virtually every aspect of business representation, from mergers and acquisitions to a wide variety of contract negotiations and commercial real estate acquisitions and loan transactions.
Elaine’s practice currently focuses primarily on representing lenders and developers in commercial real estate development and finance transactions; diverse size property owner associations and private clubs in governance, covenants and contractual matters; hotel and condominium owners and development and management groups; businesses involved in mergers and acquisitions; and the formation of corporations, partnerships and limited liability companies.
Elaine is actively involved in her community and has served for several years on the Sullivan’s Island Planning Commission since 2005 and serves on the Board of Directors of the Charleston Regional Development Alliance. She also strongly believes in giving back in other ways, and is a regular participant in various philanthropic causes. In addition to serving on the South Carolina Bar Foundation Board of Directors, Elaine served in 2010 on the American Red Cross Clara Barton Steering Committee and is a member of Women Making a Difference, a group of Charleston women committed to promoting philanthropy, having served on its Grants Committee. She is also a member of a steering committee for a South Carolina Alliance for Women project sponsored by Columbia College in Columbia, S.C., which is currently working on a project to improve the educational and economic status of women in South Carolina. Elaine currently serves on the Board of Directors of the Community Associations Institute.
Today, as an experienced real estate and business attorney with a great deal of both depth and breadth of experience, Elaine understands that clients need a lawyer who doesn’t deal in the theoretical realm. "Instead, clients want a real problem-solver with a pragmatic 'can-do' attitude who understands that the client is not necessarily best served by winning every battle, regardless of its importance. Clients want someone who can help evaluate the risks and benefits of a particular course of action and assist them in making a common sense decision that is in their ultimate best interest." Elaine understands the importance of really listening to her clients in order to fully understand their needs and objectives, and to determine the most effective and efficient way to either avoid problems (and litigation) or to resolve them when they arise. She serves as a real “counselor” to her clients and does not hesitate to give honest and candid advice, even if it may not always be what the client wants to hear.
Representative Matters
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Regularly represents large and small property owner associations, condominium associations and private clubs and their boards of directors in drafting governance documents and covenants and counseling on governance matters and contractual issues.
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Routinely advises clients in the formation of business entities, including partnerships, limited liability companies and corporations. She also provides counsel related to business disputes that arise among owners.
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Represents both lenders and real estate developers and owners in connection with the acquisition, development, financing and operation of projects ranging from hotels, planned residential and multi-use developments, condominiums, office buildings and shopping centers.
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Negotiates leases for commercial landlords and tenants.
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Recently assisted a large, multinational conglomerate in successfully negotiating and completing a $50 million acquisition of a South Carolina-based corporation and represented a hotel owner in the $68,000,000 sale of a group of hotels, and a Fortune 500 company in a fee-in-lieu of tax transaction.
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Regularly counsels and drafts and negotiates contracts for those in the hospitality industry in diverse areas, including formation of entities and negotiating management contracts for both owners and management companies and providing risk management advice.
- Is licensed as a real estate title insurance agent.