Dealing With And Avoiding Legal Issues

Nathan Hunt and Chris Clark Obtain Not Guilty Verdict in Rape Case

2011-09-02T08:58:00.000-05:00

Chris Clark and Nathan Hunt, Partners at Patton & Pittman, recently obtained a not guilty verdict in a two-day rape trial in Clarksville. For more information, see the "news" section of our website.

Etched in Cyber-stone: Communication in the Digital Age

2011-06-27T17:11:00.001-05:00

On June 24, 2011, the Leaf Chronicle reported that three women had been arrested after falsely reporting domestic abuse. One of the men falsely accused of domestic assault was my client. We had always maintained his innocence. So when we were finally able to produce text messages from his accuser admitting that she had lied to police, the arresting officer and the prosecuting attorney were furious. They immediately dismissed the charge against my client and took a warrant for his accuser’s arrest. For my client, it was like waking up from a bad dream. For his accuser, the reality of her choices will become more apparent as she faces angry members of law enforcement in court.

In this modern world, our communications are more permanent than ever. Many a litigant has been surprised on the witness stand or in depositions when presented with their own text messages, e-mails, or entries on social media websites. I have found that all advances in technology have some trade-off. While we all enjoy the convenience of modern communication, are words no longer disappear at the other end of the telephone line. Many times, they etched in cyber-stone waiting to be recalled long after our spoken words and feelings have subsided.

If you are a litigant or the criminally accused, do not discuss these matters in writing, whether in text, e-mail, Facebook, MySpace, Linkedin, etc. However, if you are aware of similar writings that will aid in your case, be sure and make your attorney aware of them. You may be surprised at the results.

Nathan Hunt Obtains Not Guilty Verdict in Attempted Murder Case

2010-02-24T13:59:00.002-06:00

Nathan Hunt, a Partner at Patton & Pittman, recently obtained a not guilty verdict in an attempted murder case in Montgomery County, Tennessee. To read an article on this verdict, please see the "current news" section of our website at www.pattonandpittman.com.

Starting the New Year Out Right

2010-01-07T15:28:00.006-06:00

We all like to use the new year as a time to resolve to change our ways. Just try to get a parking slot at one of our local gyms during January. One area that we don’t think about as we ponder our new year’s resolutions is resolving to ensure that we have taken proper steps to care for our family should tragedy strike. I have previously written in this magazine about the need for a will and other estate planning (see “Do I really Need a Will?”, March 2008 edition of Clarksville Family Magazine) and the need to ensure that you have sufficient insurance to protect your family’s assets (see “How Much Insurance Do I Need”, August 2009 edition of Clarksville Family Magazine). One other aspect of properly protecting your family is to make sure that both you and your spouse (or if you are single another trusted person) know the proper information to take care of your finances should you become disabled or die.

Here is a quick quiz: If you or your spouse dies, does someone know who to call to deal with retirement issues? Does someone know how much life insurance you or your spouse has and who to contact to make a claim? Do you and your spouse know about all bank accounts that have been opened? If you and your spouse don’t know the answer to all of these questions, financial communication with your spouse needs to be a priority as we enter the new year.

To help with this, below if a form that you can use to start the conversation. Sit with your spouse, fill this out and store it in a lock box or in another safe location. If the unthinkable happens and a spouse passes away, this form will help you quickly deal with the financial issues that will need to be immediately addressed.

_______________________________________________

Financial Worksheet

Our bank accounts (account numbers and location):
Our life insurance (amount, policy number and agent):
Our retirement (account numbers and administrator):
Our disability Insurance (amount, policy number and agent):
Our investments (description, account numbers and administrators):
Our real estate (address, mortgage holder):

Social Networking - Legal Issues

2009-07-01T10:58:00.004-05:00

Facebook, Twitter, My Space. These are all social networking sites that have become parts of everyday life for more and more of us in the last two years. While these sites have many positive aspects, such as allowing us to stay close to far off friends, there are things you must keep in mind.

First, comments made on these sites may become public. Be careful about what you say. This is not your personal diary. Broadcasting items can harm your safety or (as I will discuss later) impact litigation. Do you really need to tell what could be hundreds of people that you are going to be gone for a 3 week vacation? This may not be something you want the world to know.

I have dealt with negative issues regarding social networking sites in litigation. If you are involved in a lawsuit, you need to know that statements made by you on such sites can be obtained by the opposing attorney, and thus, reviewed by the Court. Statements regarding affairs, desires to harm you spouse (no matter how tongue and cheek they may be), or personal opinions about the intelligence (or lack thereof) of the Judge can come back and haunt you.

So, keep tweeting, facebooking, and posting to My Space, but remember, in our increasingly technologically advanced society, very little we say is guaranteed to stay private.

Mediation

2009-06-26T15:54:00.005-05:00

One of the more positive developments in the area of family law (divorce, custody, etc.) in the last few years in the requirement that most cases be mediated before a contested trial may occur. Mediation is an informal attempt to resolve a case without going to Court. The wounds that are created by a contested trial may last years. I have never had a client walk out of a contested divorce trial, no matter what the result, and feel glad that they have gone through the process. Contested trials (in custody cases) also tend to destroy any chance that the parties can work together in the future to raise their children. Mediation has significantly helped reduce the scars caused by divorce and custody fights. In a mediation, the parties meet with a mediator (usually a lawyer experienced in family law) and the mediator helps the parties work out their issues themselves. Many times, the parties participate in the mediations without their attorneys. When given the opportunity (and in fact the obligation) to sit in a room and listen to the other person's concerns, a majority of the couples we see are able to reach an agreement that results in the case being settled.

There are a number of reasons that mediation is preferable to a contested trial. First, parties are more likely to abide by a resolution that they actually had a hand in reaching. Second, the parties are in a far better position to come up with a solution that works for their unique circumstances that is a judge. Third, it is cheaper to resolve a case at mediation, and fourth, you can generally resolve a case faster if settled at mediation. Finally, and most importantly, mediation can hopefully help the parties come out of a divorce case or custody case realizing that, no matter what they think of each other, they still have to be partners in raising their children.

I (Chris Pittman) am a mediator and I have seen case after case where the parties were able to put aside their differences and actually communicate at a mediation and work out their issues. That does not mean their marriage was saved, but it does mean that they can hopefully co-parent their children a little better than they could if they went through a highly contested divorce trial.

Hopefully this post gives you a little more insight into the benefits of mediation, especially in a family law setting.

How much auto insurance do I need?

2009-04-23T10:35:00.006-05:00

If you are injured in a car wreck caused by someone else, the primary source of funds to pay you for your damages comes through insurance. Generally the insurance on the vehicle being driven by the person who caused the wreck is the first insurance that is available to pay for your damages. If you are the one who causes the wreck, it is your insurance that is available to pay for the injured person's damages. Unfortunately, many of us do not have enough insurance coverage.

Every time you turn on the television you see an ad for "minimum coverage" insurance. In Tennessee that is $25,000 in insurance coverage. If you are driving the streets of Tennessee with such a minimum limits policy, you are playing with fire. If you cause an accident which results in substantial injuries to a person and are sued, your insurance company is only obligated to pay up to the limits of your insurance policy. Any damages awarded above that amount are your obligation.

Here is an example: If you cause a wreck and as a result of your negligence, a person suffers a head injury and is life-flighted to Nashville and spends 3 days in the hospital and several months in rehabilitation, the injured person's medical expenses alone may be more than $50,000.00. If you are sued and you are found to be responsible, your insurance company (if you have a minimum limits policy) will only pay the first $25,000.00 in damages. You are going to be responsible for the rest. You can protect yourself from this situation by simply purchasing more insurance.

Additionally, having substantial insurance does not just protect you if you cause an accident, but it also protects you if you are injured due to the negligence of someone else. When you purchase auto insurance, unless you specifically opt out of it, you are also purchasing uninsured (UM) or underinsured (UIM) motorist coverage. UM or UIM coverage is insurance that steps in to pay for your damages when another person is at fault and that person does not have any insurance or does not have enough insurance to compensate you for your damages.

Here is another example: If you are hurt in a car wreck caused by someone else and you have $50,000 in damages and the negligent party has no insurance, your UM insurance would be available to pay for your damages up to your policy limits.

Finally, increasing your insurance policy limits is cheaper than you think. Depending on your driving record, you can probably increase your insurance to $250,000.00 of coverage or more for about an additional $200.00 per year. That is a small price to pay for piece of mind and financial protection for you and your family.

Do I really need a Will?

2009-04-23T10:21:00.002-05:00

This post, written by attorney Chris Pittman, originally appeared as an article in "Clarksville Family" Magazine in 2008.

Do I Really Need a Will?

That is a question I hear often, and my answer is usually the same. Yes, you do. If you are married and especially if you have children the answer is absolutely yes. There is a psychological block that keeps people from preparing for death the way they prepare for other unexpected events. I am guilty of it myself. I am a lawyer, but I was married and my first child was a year old before I finally broke down and prepared my own will thanks to the persistent hounding of my child’s pediatrician, who ended every well visit I attended with, “Well, have you gotten a will yet?”

A will is a document that directs how you want the assets you own distributed when you die. It also provides guidance on what will happen to your children if you die before they are adults. I tell my clients that a will is not for them, but for the people they will leave behind when they die. Notice that I said when and not if they die. Making appropriate estate planning decisions is not an acknowledgement that you are over the hill, it is a sign that you are an adult taking responsibility for those you love. I know what you are thinking: “I am too young to need a will, that is for people far older than me.” Not true. In several ways, it is even more important to have a will when you are a young couple with young children. Below are some of the questions to consider when deciding if you need a will:

Do you have children? If you do and you or you and your spouse die in an automobile accident, who will take care of your children? A will can indicate the person you desire to take care of your children if you die. Additionally, if you and your spouse pass away, your assets will be held in trust for your children until they become adults. You can designate in your will the person who will be the “Trustee” of those assets for your children, and you can even designate at what age the children will receive the assets.

Do you own specific items that you wish to pass on to a specific person when you die? If you really want your cousin Mary to have your grandmother’s wedding ring when you die, you can either tell everyone in the family, or that can specifically be addressed in your will.

Do you have an hour to devote to getting your estate in order? Meeting with an attorney and having the attorney prepare your will and other estate documents (we will discuss those later) may take as little time as one hour. While some estate’s are more complicated and may take far more time because of changes in the law on estate taxation, fewer and fewer people need complex estate planning.

Can you afford it? Yes. While some estates that are more complicated can cost several thousand dollars to prepare, a majority of people can obtain a will, healthcare power of attorney and living will for approximately $500.00. Living wills and healthcare powers of attorney are discussed below.

Are there other documents you need in addition to a will? While everyone’s needs may be different and any estate planning decision needs to be made by you and a competent attorney, generally there are two additional documents most people need. In addition to a will, you need a living will. A living will is a document directing healthcare professionals about your wishes if you are in a persistent vegetative state with no hope of recovery. It indicates that you do not wish for your life to be artificially prolonged if you are in a persistent vegetative state with no hope of recovery. Additionally, it lets you tell the doctor whether or not, under that circumstance, you want artificially provided food, water or other nourishment or fluids provided to you.

An additional document generally recommended is a healthcare power of attorney. A healthcare power of attorney allows you to appoint someone to make medical decisions for you if you are not able to make the decisions for yourself. You may appoint your spouse or any other individual to make these decisions for you.

The information in this article is general in nature. It is very important that you speak to a competent attorney to discuss your specific estate planning needs as everyone’s situation is different.

Hopefully, this information has convinced you that you too need to take care of the ones you love through estate planning. If not, I will send my children’s pediatrician to see you.

Welcome to the Patton & Pittman Blog

2009-04-23T10:09:00.002-05:00

Welcome to the Patton & Pittman Blog. This blog is designed to give you information to help you avoid common legal issues. Throughout this blog you will find information and steps you can take to protect yourself from these issues or, if you find yourself involved in a legal matter, steps to assist you in locating a competent attorney. Your comments are welcome and for more information, please visit our website at www.pattonandpittman.com.