Terrence W. McCarthy

Terrence W. McCarthy (Terry)



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Birmingham, AL

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  • B.A., Auburn University, 1991
  • M.Ed., University of Montevallo, 1993 Highest Honors
  • Ed. D., University of Alabama, 1996 Highest Honors
  • J.D., University of Alabama School of Law, 1999 summa cum laude


  • Alabama, 1999


Terry joined the firm after graduating first in his class at The University of Alabama School of Law, and he quickly earned a reputation for being “the Dean of Evidence,” a nickname that he finds both flattering and amusing. After working for two years in law school as a research assistant for Dean Charles Gamble, the “Godfather” of Alabama evidence, Terry quickly put this knowledge to use in the courtroom. He has not only been involved as counsel of record in numerous arbitrations, jury trials, and bench trials within Alabama, but he has also served as lead counsel in various matters in more than 20 states throughout the country.

As time has passed, Terry’s reputation for being “the Dean of Evidence” has expanded. Most importantly, Dean Charles Gamble (the original author of the Alabama Rules of Evidence) and Professor Robert Goodwin (the current reporter for the Alabama Rules of Evidence advisory committee) recruited Terry to join them as co-author of Gamble’s Alabama Rules of Evidence and McElroy’s Alabama Evidence. These are the two leading treatises on Alabama evidence, they have been cited in thousands of judicial opinions, motions, briefs, and articles, and are “must reads” for any Alabama practitioner.


In addition to practicing law and writing evidence treatises, Terry spends a substantial amount of his time teaching evidence. He routinely gives CLE presentations on evidentiary issues, and he does so with knowledge and a little humor. He has also taught (and continues to teach) evidence courses at Cumberland School of Law, The University of Alabama School of Law, and Birmingham School of Law, and has won numerous awards for his teaching. In addition, because of his reputation and experience in the law of evidence, Terry was appointed by the Alabama Supreme Court to serve on the Advisory Committee to the Alabama Rules of Evidence.

A substantial amount of Terry’s practice is devoted to appellate work, which often includes him attending the trial to preserve the trial record and to consult on and argue evidence issues. It has become more common for clients to want appellate counsel to attend trial, and to have Terry present at trial to handle various evidence issues is an added bonus in addition to having him preserve the entire record for appeal.

Another area in which Terry specializes is employment law. His experience includes defending corporations against Charges made to the Equal Employment Opportunity Commission, Title VII lawsuits (including all forms of alleged discrimination), facilities compliance under the Americans with Disabilities Act, prosecuting and defending lawsuits over non-compete agreements, consulting on employee handbooks, and defending cases brought under ERISA.

Terry also stays active in the field of education law. Prior to attending law school, he worked as a university administrator, obtaining master’s and doctorate degrees of education, both with a 4.0 G.P.A. He stays active in various education organizations, publishes and lectures regularly in the area of education law, and regularly advises college administrators and Greek organizations.

Terry received his bachelor of business administration (finance) degree from Auburn University. While at Auburn, he served as president of the Student Government Association and was inducted into Spades Honor Society, an honor given each year to the ten most influential seniors. After working as a university administrator and obtaining his masters and doctoral degrees, he attended The University of Alabama School of Law where he was named to the Order of the Coif, a member of the managing board of the Alabama Law Review, a member of the Jessup International Moot Court Team, and a summa cum laude graduate.

Outside of his legal and teaching careers, Terry is an active member of his church and he supports many charities and educational organizations such Alex’s Lemonade Stand, the Greater Birmingham Humane Society, Adopt a Golden Birmingham, Jimmie Hale Mission, and John Carroll Catholic High School.

NEWS about Terrence

Presentations & Publications

  • “Three Stories” Terry McCarthy Commencement Address to Cumberland School of Law Class of 2016
  • McElroy’s Alabama Evidence (7th ed. 2017) (with Charles W. Gamble & Robert J. Goodwin) (forthcoming)
  • Gamble’s Alabama Rules of Evidence (3d. ed. 2014) (with Charles W. Gamble & Robert J. Goodwin)
  • 2013, 2014, 2015, and 2016 supplements to McElroy’s Alabama Evidence (with Charles W. Gamble & Robert J. Goodwin)
  • 2013, 2015, and 2016 supplements to Gamble’s Alabama Rules of Evidence (with Charles W. Gamble & Robert J. Goodwin)
  • The Admissibility of Social Media/Electronic Evidence in Alabama, 75 Ala. Law. 42 (Jan. 2014) (with Allison Nichols-Gault)
  • A Guide to Impeachment in Federal and Alabama State Courts, 70 Ala. Law. 44 (Jan. 2009)
  • 1999 Update to "Alcohol on Campus" (with Donald D. Gehring)
  • The Use of Unilateral Stipulation as a Trial Tactic in Alabama after Old Chief, 50 Ala. L. Rev 237 (Fall 1998)
  • Numerous evidence presentations to local bar associations and law firms

Speaking Engagements