Arthur E. Justice, Jr

Arthur E. Justice, Jr

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  • 843-656-4412

Art Justice has been providing legal advice to businesses for over 34 years. Art's counsel encompasses all areas of business, but particularly the areas of employment issues, professional liability, and risk management.

A key to Art’s approach to such counseling is to assess his client’s options to include avoidance of expensive and protracted litigation. When necessary, however, Art serves as trial counsel for his clients. While litigation is seldom a preferred option, he seeks to obtain optimal results, which always includes evaluating options to resolve the dispute short of the courtroom. Art serves as defense counsel for lawsuits involving employment practices and professional liability claims against attorneys, accountants, health providers, insurance agents and brokers, and other professionals.

He provides legal representation for professionals with matters before licensing boards. He also provides legal assistance to companies in obtaining economic development incentives from local and state governments. Art has served as a practice group leader for Turner Padget for over 28 years, and is the firm’s risk management and ethics counsel and the firm’s employment counsel.

Art likes to be involved in his client’s legal issues on the front-end, helping to manage the risk so as to avoid expensive lawsuits on the back end. When, however, a lawsuit is judged the better option, or more often for businesses, when it is unavoidable, Art’s courtroom experience of over 3 decades comes into play. Art has tried well over 100 cases to verdict. While success in trial can never be guaranteed, the vast majority of Art’s litigation work has resulted in positive outcomes for his clients. Much of Art’s trial practice has been in federal court, including the defense of Title VII, ADA, age, and wage and hour claims. Art provides an aggressive defense for attorneys, accountants, and other professionals who have been accused of negligence in their profession. Many times in closely held corporations, disputes arise that 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 is also a certified mediator.

Art has been involved in his community throughout his career, with past service as Chairman of the Board for his local chamber of commerce, United Way, and economic development organization. Currently, Art leads a ministry at his church that provides beds to school children who do not have a bed to sleep in.

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.
  • 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 experiencing 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.
  • Represented an accountant in a claim involving both corporate income tax return preparation and preparation of federal and state withholding returns.  Was able to resolve the case for less than cost of defense.

Economic Development Incentives

  • Assisted a local manufacturer in obtaining a fee-in-lieu-of-tax agreement including special source revenue credits to enable the client to invest in an upgrade of over $40 million.
  • University of South Carolina, J.D., 1984
  • Louisiana State University, B.S., 1980
  • South Carolina, 1984
  • U.S. District Court, South Carolina, 1985
  • U.S. Court of Appeals, Fourth Circuit, 1985

Professional Involvement

  • Member, Standing Committee on Lawyers Professional Liability, American Bar Association, 2014 - 2017

Community Involvement

  • Greater Florence Chamber of Commerce, Chairman of the Board, 1993-1994
  • Florence County Progress (Private County Economic Development Organization), Chairman of Board, 1997-2000, Board of Directors, 1992-2000, 2008 - 2014
  • Florence County Economic Development Authority (County Agency), Authority Board, 1996-2000, Reappointed by Florence County, 2002-2006, Progress Appointment, 2015 – present
  • United Way of Florence, Chairman, Board of Directors, 2009, Campaign Chair, 2008, Board Member 1995 – 1998, 2001 – 2012,
  • South Carolina United Methodist Conference, Appointed by Bishop as Trustee, The Methodist Manor 2010 - present
  • 2010 Leadership in the Law, S.C. Lawyers Weekly
  • 2012 Ashpy P. Lowrimore Award for Community Service, Greater Florence United Way
  • Martindale-Hubbell® Peer Review Rating™-AV®
  • South Carolina Super Lawyers, Labor and Employment Law, 2010-2015
  • Best Lawyers in America, Employment Law: Management, 2017-2018
  • Best Lawyers in America, Litigation: Labor and Employment Law, 2011-2018