Gayla S. L. McSwain

Shareholder

gmcswain@mcnair.net
vCard
Assistant Teresa Walker
twalker@mcnair.net
843 973 6806 Direct

Charleston

100 Calhoun Street
Suite 400
Charleston, SC 29401
Mailing Address
843 723 7831 Main
843 722 3227 Fax
Overview

Gayla McSwain is a senior trial attorney and Shareholder with McNair Law Firm. On behalf of McNair's clients, she brings years of litigation experience to the courtroom in federal and state courts involving a myriad of trial issues including international business and real estate litigation; employment litigation, including workers’ compensation, ADA, FMLA, and Title VII litigation; personal injury litigation, including wrongful death litigation; products and premises liability litigation, including dram shop litigation; and ERISA litigation. She has successfully defended and prosecuted cases during non-jury and jury trials throughout the state of South Carolina, during mediation, and before the workers’ compensation commission, often getting clients reimbursed for their attorney’s fees and legal costs.

Due to her extensive litigation experience, she regularly counsels and advises clients on contract, business, and employment matters to prevent litigation from occurring. And, due to her certification and experience as a mediator, Gayla is able to evaluate cases and encourage settlement before litigation costs are incurred.

Before attending law school, Gayla was commissioned as a Regular Army officer and served as an Air Defense Artillery officer in the first deployed PATRIOT missile system. Her last active duty assignment was as Officer-in-Charge of the Battalion Tactical Operations Center in what was then the Federal Republic of Germany.

 
Recent Engagements

  • Defense of ERISA case - client reimbursed for legal fees and costs
  • Prosecuted, tried, defended, and settled numerous personal injury cases
  • Defended real estate developer; judge directed verdict - $1.00 state jury verdict; sued developer's insurance company for bad faith - developer reimbursed for all legal fees and costs
  • Defense of international business client; federal jury verdict for $550,000 but federal judge vacated it on post trial motion; sued client's insurance company and got half of client’s legal fees and costs reimbursed
  • Defended and prosecuted hundreds of workers' compensation cases
  • Defended hundreds of premises liability cases
  • Prosecuted breach of commercial lease; state jury verdict of $465,000; judge awarded client over $200,000 in legal fees and costs
  • Prosecuted wrongful death action which established new law: first party minor can sue adult social host for giving minor alcoholic drink which results in personal injury or death of minor
  • Cross claimed against co-defendant for equitable indemnification in premises liability case; judge awarded client 75% of its legal fees and costs for defending against Plaintiff’s lawsuit and prosecuting indemnification cross claim
  • Prosecuted and defended against employment claims for retaliation, Title VII; ADA, FMLA
  • Certified Mediator for all state and federal court cases.

 
Awards and Recognition
  • Various military awards, ribbons, medals including parachutist badge.
 
Professional and Community Involvement
  • Member, Board of Directors - Charleston Regional Development Alliance
  • Member , Board of Directors – Crowfield Plantation Community Services Association 
  • Member, Charleston County Bar Association 
  • Member, South Carolina Self-Insured Association 
  • Member, South Carolina Bar 
  • Member, South Carolina Women Lawyers Association 
  • Graduate, Berkeley County Leadership Course
  • Member, Association of Trial Lawyers of America 
  • Member, American Bar Association 
  • Member, South Carolina Council for Conflict Resolution 
  • Past Member, Trident United Way Board of Directors
  • Past Editor, South Carolina Bar Magazine: "The South Carolina Lawyer"
  • Graduate, Diversity Leadership Academy