Member

E tcundari@sowellgray.com

P (803) 231-7834
F (803) 231-7863
Tina is a member of the firm and practices in the areas of commercial litigation, professional liability and ethics, securities and FINRA, and appellate advocacy. She has tried cases in state and federal court and in alternative dispute resolution forums, including the Financial Industry Regulatory Authority (FINRA). Tina has written numerous appellate briefs on a wide range of issues and has argued before state and federal appellate courts.

Tina represents individuals and entities in disputes involving allegations of breach of contract, breach of fiduciary duty, shareholder oppression, and business torts. She represents lawyers and law firms in cases involving allegations of legal malpractice. She represents government entities and individuals in cases involving constitutional issues. Tina’s experience also includes representing lawyers before the Office of Disciplinary Counsel, and financial advisors and brokers before FINRA’s enforcement department.

Tina maintains an active pro bono practice, representing indigent clients in consumer, landlord-tenant, family, and criminal law cases.

Prior to joining the firm, Tina clerked for the Honorable Jean Hoefer Toal, Chief Justice of South Carolina Supreme Court, and taught legal writing to first-year law students at the University of South Carolina School of Law.
  • South Carolina Bar
  • U.S. District Court for the District of South Carolina
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Supreme Court
  • University of North Carolina at Chapel Hill, J.D., 2003
  • College of Charleston, B.A. in English, Honors College Graduate, 1996
  • The Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court (2003-2005)
  • The Honorable Joseph F. Anderson, Jr., United States District Court for the District of South Carolina (April-July 2010)
  • American Bar Association
  • Richland County Bar Association
  • South Carolina Women Lawyers Association
  • South Carolina Bar
    – Chair, Trial and Appellate Advocacy Section
    – Former Co-Chair, Cinderella Project
  • John Belton O’Neall American Inn of Court
    – Former President
  • South Carolina Supreme Court’s Docket Management Task Force
  • Hutto v. S.C. Ret. Sys., 2016 WL 4208093 (S.C. 2016).  In this case, the Supreme Court of South Carolina affirmed dismissal of the complaint on the ground that the working retirees failed to state a claim for violation of the Takings Clause of the Fifth Amendment of the U.S. Constitution.  Watch the oral argument at http://media.sccourts.org/videos/2016-000021.mp4.
  • Pavilion Dev. Corp. v. Nexsen Pruet LLC, 2015 WL 4755645 (S.C. 2015). This case involved the novel question of whether a legal malpractice claim may be assigned to an adversary in litigation as part of the settlement of the case.  The Supreme Court of South Carolina held that such assignments are void as against public policy.  Watch the oral argument at http://media.sccourts.org/videos/2013-002796.mp4.
  • Moore, Taylor, & Thomas, P.A. v. Banks, 2015 WL 9080386 (S.C. Ct. App. 2015).  This case involved the question of whether an attorney owes a duty to a third party in a real estate closing.  The South Carolina Court of Appeals affirmed the dismissal of the case.
  • Hutto v. S.C. Ret. Sys., 773 F.3d 536 (4th Cir. 2014).  The United States Court of Appeals for the Fourth Circuit held that the state retirement system is immune from suit in federal court under the Eleventh Amendment of the U.S. Constitution.  Listen to the oral argument at http://coop.ca4.uscourts.gov/OAarchive/mp3/13-1523-20141029.mp3.
  • State v. Sprinkle, 2014 WL 7339363 (S.C. Ct. App. 2014).  This was an appeal from convictions of first-degree burglary, first-degree assault and battery, and armed robbery.  The case involved multiple issues, including a motion to suppress identification evidence, limitation of cross-examination in violation of the Confrontation Clause of the U.S. Constitution, and the failure to charge a lesser-included offense.
  • State v. Sprinkle, 2014 WL 7339363 (S.C. Ct. App. 2014).  Handled by the firm pro bono, this was an appeal from convictions of first-degree burglary, first-degree assault and battery, and armed robbery.  The case involved multiple issues, including a motion to suppress identification evidence, limitation of cross-examination in violation of the Confrontation Clause of the U.S. Constitution, and the failure to charge a lesser-included offense.
  • S.C. Dep’t of Soc. Servs. v. Joy J., 2013 WL 8507813 (S.C. Ct. App. 2013).  Handled by the firm pro bono, this was an appeal from an order terminating parental rights.
  • Jackson v. Sanford, 731 S.E.2d 722 (S.C. 2011).  Decided by the Supreme Court of South Carolina in its original jurisdiction, the court held that the governor’s partial veto of a line item appropriation to the State Budget and Control Board was unconstitutional.
  • Ahrens v. State, 709 S.E.2d 54 (S.C. 2011).  The plaintiff in this case challenged the legality of state statutes requiring public employees who retired and returned to work for the state to contribute a portion of their salary to the state retirement system as a term and condition of their employment.  The Supreme Court of South Carolina held that the statutes are valid and enforceable in every respect, and rejected the constitutional taking claim.
  • South Carolina Bar Pro Bono Lawyer of the Year (2016)
  • Columbia Regional Business Report “Women to Watch” Honoree (2016)
  • Best Lawyers in America
    – Appellate Practice (2016-2017)
  • South Carolina “Super Lawyer”
    – Business Litigation (2016-2017)
  • South Carolina “Super Lawyer” Rising Star
    – Business Litigation (2012- 2014)
  • Leadership in Law, South Carolina Lawyers Weekly (2015)
  • 20 Under 40, The State Newspaper (2012)
  • Course Planner and Moderator, “The Art (and Science) of Advocacy,” South Carolina Bar Convention, Greenville, South Carolina (Jan. 2017)
  • Author, “Arbitrating a Case in the FINRA Forum,” SC Lawyer (Nov. 2016)
  • Panelist, “Brief Writing and Record Compiling from a Practitioner’s Perspective,” The South Carolina Lawyer’s Guide to Appellate Practice, South Carolina Bar CLE, Columbia, South Carolina (Feb. 2016)
  • Contributing Author, Madam Chief Justice (USC Press 2015)
  • Panelist, “So You Want to Be a Partner?”, South Carolina Women Lawyer’s Association, Columbia, South Carolina (Mar. 2014)
  • Presenter, “Ten Tips for Persuasive Legal Writing,” South Carolina Bar Convention, Kiawah Island, South Carolina (Jan. 2014)
  • Panelist, “Discovery in the World of Social Media,” Hide and Seek: A Practitioner’s Guide to Ethical and Effective Discovery Practices, Sowell Gray CLE Series, Columbia, South Carolina (Jan. 2014)
  • Presenter, “Transitioning into the Private Practice of Law,” presented to the law clerks and staff attorneys of the South Carolina Supreme Court and the South Carolina Court of Appeals, Columbia, South Carolina (Dec. 2013)
  • Panelist, “Pro Bono Administrators,” South Carolina Pro Bono Summit, Columbia, South Carolina (Oct. 2013)
  • Panelist and Moderator, Keep Calm and Appeal On: Appellate Practice in South Carolina, Sowell Gray CLE Series, Columbia, South Carolina (Jan. 2013)
  • Panelist, “In the Trenches,” South Carolina Pro Bono Summit, Columbia, South Carolina (Oct. 2012)
  • Presenter, “How to Succeed in a Mid-Size Firm,” Bridge the Gap, South Carolina Bar (Aug. 2012)
  • Presenter, “Writing Matters: Simple Ways to Make Your Written Work Better,” South Carolina Bar Convention, Columbia, South Carolina (Jan. 2012)
  • Moderator, “Avoiding Legal Malpractice Claims,” Legal Ethics and Professional Liability: New Tactics for Small Firms and Solo Practitioners, Sowell Gray CLE Series, Columbia, South Carolina (Jan. 2011)
  • Co-Author, “Who Can Stay and Who Must Go: The Tension Between Witness Sequestration and the Right of Crime Victims to Be Present,” 21 S.C. Law. 38 (Mar. 2010)
  • Presenter, “Freedom of Information Act,” Government Law Section, South Carolina Bar, Columbia, South Carolina (June 2008)
  • 20 Years Strong Service Project:  Helping Sistercare
  • College of Charleston Foundation Board
  • Nelson Mullins Riley & Scarborough Center on Professionalism
    – Advisory Board
  • Big Brothers Big Sisters of Greater Columbia
    – Former Chair, Board of Directors
  • Shandon Neighborhood Council
    – Former President

TMC 2017Best Lawyers - Tina Cundari  Super Lawyers - Tina Cundari