James McCutchen

Practice

At McCutchen McLean, James handles a variety of legal issues including estate planning, commercial and residential real estate transactions, probate conflict and administration, and tax controversy and planning. He serves as corporate counsel for several small to medium-size businesses, and has tried cases to decision before the United States Tax Court, South Carolina Probate Courts, and the South Carolina Administrative Law Court.

James serves as Chair-Elect of the South Carolina Bar Tax Law Section — he will serve as Chair for the 2026–2027 term — and is a member of the Bar's Probate and Estate Planning Section. He is certified by the South Carolina Supreme Court as a mediator in Probate Law and Civil Law.

Public service background

Before starting his own practice, James served for six years as a tax litigation attorney, tax policy attorney, and attorney for the Office of General Counsel at the South Carolina Department of Revenue, handling contractual and procurement, collection, and taxation matters.

As the Department's Privacy Officer, he developed a deep working knowledge of information technology security law and IT contract law — areas he continues to practice in the private sector for his business clients.

Law school & before

During law school, James served as a member of The Charleston Law Review, associate justice of the moot court board, captain of the advanced mock trial team, and a member of the honor council. At the College of Charleston, he captained the advanced mock trial team, representing the College at tournaments across the United States.

Beyond the office

James is married to Allison McCutchen, who previously served as a respiratory therapist at Lexington Medical Center and currently serves on the Town of Lexington Beautification Committee and teaches in Lexington School District One. They have three children — two boys and one girl.