Terry McCarthy is one of the preeminent authorities on evidence issues in the state of Alabama.
Terry has served as lead counsel and appellate counsel in a variety of matters in more than 25 states. While he enjoys his diverse practice, his first love is evidence. Clients, attorneys, judges and law students seek Terry’s advice on evidence issues every day, and he loves helping them solve their problems.
Terry serves as co-author (along with Charles Gamble and Robert Goodwin) of the Seventh Edition of McElroy’s Alabama Evidence and Gamble’s Alabama Rules of Evidence, the two leading treatises on Alabama evidence. McElroy’s has been referred to as the “Bible” of Alabama Evidence law, and these “must-reads” for any Alabama practitioner have been cited in thousands of judicial opinions, motions, briefs and articles. Terry also serves on the Alabama Supreme Court Advisory Committee to the Alabama Rules of Evidence and teaches several CLEs each year on evidence issues.
A substantial amount of Terry’s practice is devoted to appellate work, which often involves him attending the trial to preserve the trial record and to consult on and argue evidence issues. Recent examples of his appellate work include:
- Served as embedded appellate counsel for multiple product liability trials in Alabama state court that resulted in defense verdicts that the plaintiff did not appeal.
- Served as embedded appellate counsel for employment case in Alabama federal court. Motion for judgment as a matter of law was granted in part, and the jury returned a defense verdict for the remaining issues.
- Served as embedded appellate counsel for Alabama personal injury case. Drafted and argued multiple motions in limine that were all granted, immediately after which the case settled on favorable terms.
- Served as embedded appellate counsel for Mississippi personal injury case. Drafted and argued multiple motions in limine, and a favorable settlement was reached before trial after the motions in limine were granted.
- Served as embedded appellate counsel for another Mississippi personal injury case. Just like the other one, drafted and argued multiple motions in limine, and a favorable settlement was reached before trial after the motions in limine were granted.
- Served as appellate counsel for a dispute under the Real Estate Settlement Procedures Act, and prevailed at both the Eleventh Circuit Court of Appeals and the United States Supreme Court.
He also has deep experience in insurance law, having defended hundreds of bad faith, fraud and breach of contract cases across the country. He is also experienced in employment law, including defending corporations against charges made to the Equal Employment Opportunity Commission, Title VII lawsuits, facilities compliance under the Americans with Disabilities Act, noncompete agreements and more.
As a former university administrator with master’s and doctorate degrees in education, Terry is also active in the field of education. He has taught (and continues to teach) evidence and procedural courses at the University of Alabama School of Law, Birmingham School of Law, and Cumberland School of Law. Terry also serves on the firm's Associate Training Committee.
Outside of his legal and teaching careers, Terry is an active member of his church, and he supports many charities and educational organizations, including Alex’s Lemonade Stand Foundation, the Greater Birmingham Humane Society, Adopt a Golden Birmingham, Firehouse Ministries, Jimmie Hale Mission and John Carroll Catholic High School.