Attorney - Derek M. Newberry


Derek M. Newberry
Attorney at Law
HBS Charleston Office

P: 843-720-3470
F: 843-720-3476
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Derek Newberry is an associate in Hall Booth Smith's Charleston office.  He earned his Juris Doctor from the Charleston School of Law, where he received the CALI Award for excellence in Legal Research and Writing.  Before joining Hall Booth Smith in 2016, Derek was the lead full-time lawyer in the Charleston office of a South Carolina litigation firm.  Over the course of his career, his practice has included: professional liability defense, construction litigation, commercial litigation, personal injury defense, and representing manufacturers in complex product defect litigation.  He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell, the highest rating category that organization provides for legal knowledge, communication skills and ethical standards.
Derek received his undergraduate degree cum laude from Wofford College with a B.A. in Government and a minor in Economics. During undergrad, he was a scholarship member of Wofford’s football team and was a three-year starter at outside linebacker. While a student-athlete, Derek was an Academic All-American Nominee, a four-time Academic All Southern Conference performer, and was a member of the Southern Conference Championship and National Semi-Finalist team.
He is actively involved with the South Carolina Defense Trial Attorneys Association (“SCDTAA”), an organization that promotes justice, professionalism and integrity in the civil justice system by bringing together attorneys dedicated to the defense of civil actions. Derek currently is Vice President of the SCDTAA’s Young Lawyers Division, and also serves on the SCDTAA’s Substantive Law Committee.  He recently completed a year-long, comprehensive leadership program provided by the Charleston Metro Chamber of Commerce.
Derek was born near St. Louis, Missouri, and claims it as his hometown; however, he has lived in Denver, Colorado; Shreveport, Louisiana; Lake Charles, Louisiana; and Austin, Texas. He now lives in Charleston with his wife, Erin, and young sons, Dawson and Mac. Derek is a member of First Scots Presbyterian church, and, in his free time, enjoys surfing, live music and watching or attending sporting events of all kinds.

Practice Areas


Derek has defended design professionals (architects, structural engineers, civil engineers, mechanical engineers, and geotechnical engineers), contractors (both general contractors and subcontractors) and product manufacturers in complex, multi-party and class-action design, construction and construction material defect litigation in both state and federal courts.  Derek’s experience in this regard includes projects ranging in size from single family homes to multi-building condominium defect litigation involving alleged damages in excess of $25,000,000.

General Liability

Derek has defended a variety of businesses in personal injury and premises liability actions, including, among other things, defending numerous property owners and merchants in slip and fall claims, defending the actions of security personnel in relation to an assault and battery claim, and defending an ambulance company in a wrongful death claim arising from an elopement attempt.

Products Liability

Derek has defended material manufacturers in multi-million dollar claims arising from alleged product defects, failure to warn and unfair trade practices.

Professional Malpractice and Ethics

Derek has defended architects, engineers, real estate agents, chiropractors, medical facilities, home health agencies and paramedics in numerous wrongful death, personal injury and property damage cases involving alleged violations of the standard of care.

Professional Negligence / Medical Malpractice

Derek has defended chiropractors, medical facilities, home health agencies and paramedics in numerous wrongful death and personal injury cases involving alleged violations of the standard of care.


Charleston School of Law, Juris Doctor
Wofford College, B.A.


South Carolina Bar
U.S. District Court, District of South Carolina


Hot Topics in Construction Law: Why the Economic Loss Rule is Alive for Residential Construction Product Manufacturers, Annual Meeting of the South Carolina Defense Trial Attorneys Association, November 8, 2014
"Hot Button Legal Issues for South Carolina Design Professionals,” ACEC-SC/SCSPE Winter Meeting, February 25, 2015, Columbia, SC


AV® Preeminent™ Peer Review Rated by Martindale-Hubbell