R. Hawthorne  Barrett

R. Hawthorne Barrett

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  • 803-227-4219

Thorne Barrett is an experienced appellate attorney who represents businesses, individuals, and insurance carriers in state and federal appeals, as well as handling lower court litigation in areas ranging from personal injury and bad faith claims to contractual disputes. With over 45 cases briefed and argued in South Carolina’s appellate courts, and numerous cases in the Fourth Circuit Court of Appeals, Thorne’s deep knowledge of appellate procedures enables him to guide clients efficiently through complex legal matters.

Thorne’s approach combines careful analysis of case strengths and weaknesses with an unwavering focus on achieving favorable outcomes. His ability to assess appellate matters from both a strategic and objective perspective has made him a valuable asset in working with colleagues across the firm’s litigation teams. He is also a trusted advisor on how the potential for an appeal may impact lower court proceedings, particularly in relation to South Carolina’s strict issue preservation rules.

Notable highlights from his career include successfully representing a large law firm in a legal malpractice case, where the South Carolina Supreme Court affirmed a directed verdict and $200,000 in sanctions for discovery abuses. He also secured the reinstatement of a defense verdict for a chiropractor after the South Carolina Court of Appeals reversed it. In another case of first impression, Thorne represented a landowner in a livestock-related accident, successfully arguing for the application of a strict liability statute only to damages on private property.

Thorne is recognized in Best Lawyers in America for Insurance Law (2018-2024) and is known for his practical approach to appellate strategy, always working to secure the best possible result for his clients.

  • Served as appellate counsel for a large law firm in a legal malpractice case.Thorne argued the trial court correctly granted the law firm a directed verdict at trial, as well as $200,000 in sanctions against the plaintiff for discovery abuses and other misconduct during the case.The South Carolina Supreme Court affirmed both the directed verdict and the award of sanctions.
  • Represented an attorney who had been granted a summary judgment in a malpractice case. Thorne successfully argued that the attorney could not reasonably have anticipated how a court in another state would decide a close question of law, which was a necessary element of the plaintiff’s case. As a result, the South Carolina Court of Appeals affirmed the summary judgment for the attorney.
  • Represented a chiropractor who had obtained a defense verdict in a malpractice case, only to have that verdict reversed by the South Carolina Court of Appeals. Thorne sought and obtained discretionary review by the South Carolina Supreme Court and successfully argued for the reversal of the Court of Appeals’ decision and reinstatement of the defense verdict.
  • Represented a landowner whose cattle escaped from a holding area and wandered onto a road, causing an accident with a passing motorist. In a case of first impression, Thorne argued a strict liability statute for livestock owners did not apply to damages caused by animals on a public highway, but only to damages caused by animals “trespassing” on private property. The Court of Appeals agreed and affirmed summary judgment for the landowner, finding there was no evidence the animals got onto the road due to any negligence on his part.
  • Defended a retail store in a case brought by a customer who was attacked by two store employees. Thorne successfully argued that the employees acted for their own personal reasons, not for any legitimate business purpose of the store, and therefore, the store could not be liable for their actions. The South Carolina Supreme Court agreed, and affirmed a directed verdict in the store’s favor. 
  • University of South Carolina, J.D., 1999
  • University of Tennessee, M.A., 1996
  • Wofford College, B.A., 1994
  • South Carolina, 1999
  • United States District Court for South Carolina, 2000
  • United States Court of Appeals for the 4th Circuit, 2000
  • South Carolina Bar Association
  • Richland County Bar Association

Community or Pro Bono Involvement

  • Washington St. United Methodist Church, Board of Trustees 2010-2017 (Vice Chair 2016, Chair 2017)
  • Best Lawyers in America, Insurance Law, 2018-2024

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Best Lawyers
In America
Insurance Law
2018-2024