The Blog

Don’t Lose Your Claim To The Statute of Limitation in Franklin Tennessee

So what is a statute of limitation? It’s the deadline by which you must start a lawsuit or lose the right to do so.  And, there are different statutes of limitations for different types of claims. For example, if you want to sue for breach of contract in Tennessee, you must  generally do so within six years

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Legal Fees In Civil Litigation: Should The Loser Have To Pay?

A controversial subject in the law concerns the question whether the losing side in civil litigation should have to pay the prevailing party’s attorneys’ or legal fees. In the United States, the general rule (called the “American Rule”) is that each party pays its own legal fees, no matter who wins the case. In contrast, in

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Mediation: Try to See it My Way

Non-binding mediation has become an increasingly popular and effective means of dispute resolution.  It affords parties the chance to settle their disagreements with the help of an impartial, knowledgeable person who presides over the procedure.  The mediator helps the parties understand their contrasting views of the case and provides an objective, unbiased opinion regarding the

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Litigate or Arbitrate? The Pros and Cons

Should you litigate, or arbitrate?Litigation, or the process of resolving disputes in court, is a time-honored pastime in the U.S.  In recent years, however, businesses and individuals have turned more and more to non-judicial arbitration proceedings as an alternative to fighting their battles in the courts.  If you want to ensure that any potential dispute

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What Does “Reasonable Doubt” Really Mean?

Anyone who grew up watching T.V. shows or movies about criminal prosecutions is generally familiar with the principle that a defendant is presumed innocent until and unless the prosecution proves his guilt “beyond a reasonable doubt.” Who could forget, for example, the riveting story in “12 Angry Men” about a jury’s deliberations in a capital

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Why you Should Not Represent Yourself in a Criminal Case!

Let’s say you’ve been arrested for an alleged DUI offense.  You were driving home from a party and an officer stopped you upon observing that you appeared to be unsteady in your lane of traffic.  You failed a field sobriety test and your blood alcohol level tested at .08, which is the threshold for a

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The Dollars and Sense of Child Support Payments

Child Support Payments:  Dollars? Yes.  Sense? Maybe not. A troublesome and mystifying area of the law for many clients concerns the determination of child support payments.  Tennessee follows the “income shares” method, which entails a mathematical calculation based on each parent’s gross income and the number of days the child spends per year with each

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Your Cheating Heart: The Consequences of “Fault Divorce” in Tennessee

Does “fault divorce” have consequences? Remember the Hank Williams’ song, Your Cheatin’ Heart?  The unfaithful lover is told: Your cheatin’ heart, Will make you weep, You’ll cry and cry, And try to sleep, But sleep won’t come, The whole night through, Your cheatin heart, will tell on you… Well, what may make the cheater weep,

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Grounds for Divorce: Untying the Knot in Tennessee

Sadly, about half of all first marriages end in divorce, and the statistics for second marriages are even bleaker.  As Eric Clapton put it, “Why does love have to be so sad?” Well, I can’t answer that one.  It’s above my pay grade and, fortunately, clients don’t ask me.  What they do ask, however, is this: “I want

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