Legal Briefs

Separation And Divorce: The Top 10 Mistakes A Woman Should Avoid

Rob Turner — Sun, 19 May 2013 18:19:00 GMT

Divorce planning is not a four-letter word; it is a vital part of making sure that a female is in a position to begin the divorce process. A favorable divorce settlement is NOT an exact science although the divorce law of Tennessee is pretty straight forward. If a divorce settlement was a straight forward mathematical equation, we could input information into a computer and the settlement would be spit out; we wouldn’t need courts and lawyers to resolve divorce matters. Courts are required to follow Tennessee Divorce Laws to take into consideration a range of factors in deciding how to divide the marital estate, i.e. who gets what. So, that being said, what are the 10 Most Common Mistakes a Woman Should Avoid When Divorcing?

Spousal support: Too many women settle for less than the law allows. In addition to the presumption of an equal split of the martial property, a divorcing spouse must take into account matters such as significant disparities between what your husband earns and your own weekly /monthly income along with any restrictions your age or health might have on your capacity to earn income. These considerations may lead to an award of alimony above and beyond the equal division of the marital property.
Marital Residence: DON'T move out and let your Husband stay in the marital residence IF you want to get the residence after the divorce. Real estate generally increases in value without you having to do anything. You have to make sure that you receive your share of the equity and that the real estate is refinanced to remove you from the mortgage. Otherwise, you cannot purchase another property because you remain obligated on the mortgage on the marital residence. Some women will want to keep the marital residence when, truthfully, they really CAN’T financially afford to keep it. If buying out your husband’s equity in the house requires you taking out a loan, you have to add in this loan payment to the existing mortgage and expenses associated with the marital residence. Only after adding these recurring monthly expenses can you determine whether or not you can actually afford to keep and pay for the house.
Not Looking at the Whole Picture: Receiving monthly income such as alimony and child support are separate and apart from division of marital property. These amounts are also separate and apart from each other. Division of marital property is NOT affected by alimony and child support.
Giving Husband Everything “Just to Get Out:” Personal property is worth what it would sell for at a yard sale! It is NOT the replacement cost of the item. Keeping the majority of the furniture will keep you from spending a lot more money to replace things you left behind. Property settlements are required to be equitable, not necessarily equal. Also, even though they may be amicable it does not necessarily mean they are fair. In reaching a fair and equitable division of marital property, do not agree to your husband’s inflated values of the property that you want to keep and his low values on any property he actually wants to keep.
Fighting Over the Little Stuff: Sometimes, women tend to fight over sentimental tems of little or no value, and end up spending thousands of dollars of unnecessary legal fees fighting over items that are easily replaceable. Don’t fight over the 5 year old HD flat screen TV; let him have it and, in exchange, get money to go buy a new, state of the art Smart TV!
Not including “HIS” assets: Women sometimes overlook items that were bought during the marriage exclusively for the Husband in dividing marital property. These items include his fishing boat and trailer, tools and machinery, and his hunting lodge membership. These items go into the marital mix when dividing the marital estate.
Going Soft on Husband: In the past, women clients have believed that if they take it easy on their Husband when it comes to division of property, their Husband will be easier to deal with when it comes to the children. This approach rarely produces the desired result. In fact, the real effect is that your Husband perceives you to be weak.
Getting Sucked Into Signing Something: Some women are coerced to believe that, by reaching an informal agreement with their Husband, it is legally binding and they cannot change their mind. Under most circumstances, such an agreement is not legally binding. DO NOT ever sign a written agreement between you and your Husband without your lawyer reading and approving it.
Giving In: Too many women simply give in to their Husband because that’s what they’ve always done. This is not a result of domestic violence; it is a matter of habit. Stand up for yourself. You have only one change to make the right decisions and to provide for your financial future!
Hiring the WRONG lawyer: There are lawyers who do divorces and there are divorce lawyers. Hire a divorce lawyer. Divorce lawyers are intimately familiar with the divorce laws and how the courts apply these laws. A divorce lawyer has the knowledge, training and experience to protect your legal interests, obtain the desired settlement outcome, or win at trial.

Do you need a competent, experienced divorce lawyer for women in the Nashville, Tennessee area? Call Divorce Attorney Rob Turner at Turner Law Offices, P.C. at (615) 259-2660 and retain one of our caring, compassionate divorce lawyers to represent you in your legal needs. Visit our website at www.turnerlawoffices.com/divorce or click here.

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Arias is Guilty: Now, Life or Death

Rob Turner — Sat, 11 May 2013 18:17:00 GMT

Jodi Arias is facing the ultimate decision: life or death. The death penalty is reserved for the most heinous first degree murderers. Death penalty cases are bifurcated into two separate and distinct phases: 1) the guilt phase and 2) the penalty phase. The first phase, the guilt phase, determines the guilt or innocence of the criminal defendant, and allows the jury to determine whether the criminal defendant is guilty of first degree murder or felony murder. Only if the jury finds the criminal defendant guilty of first degree murder or felony murder does the case move to the second phase, the penalty phase. During the penalty phase, the jury is asked to determine whether the criminal defendant is sentenced to death, life in prison without the possibility of parole, or life in prison. The prosecutor will present evidence of aggravating factors through victim impact witnesses, then, criminal defense counsel will present evidence of mitigating factors that can affect the sentencing. Mitigating evidence is often expert in nature, and tends to have testimony from forensic psychiatrists and forensic psychologists.

Aggravating factors in a Tennessee Death Penalty case include the following:

The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
The defendant committed ‘mass murder’ which is defined as the murder of three or more persons whether in a single episode or at different times within a forty-eight month period
The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
The murder was committed by means of a bomb, destructive device, explosive, or similar device
The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
The murder was committed against a person less than 12 years of age and then defendant was 18 years of age or older
The victim was especially vulnerable due to a significant handicap or disability, whether mental or physical and the defendant knew or reasonably should have known of such a handicap or disability
The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
The victim was a correctional officer
The murder was committed against a national, state, or local popularly elected official, due to or because of the official’s lawful duties or status, and the defendant knew that the victim was such an official
Defendant was involved in killings in the course of or attempt of aggravated child neglect and aggravated child abuse
The defendant knowingly mutilated the body of the victim after death
The murder was committed in the course of an act of terrorism
The victim or the murder was 70 years of age or older
Murder committed against any emergency medical or rescue worker, emergency medical technician, paramedic or firefighter, who was engaged in the performance of official duties, and the defendant knew or reasonably should have known

Mitigating factors in a Tennessee Death Penalty include the following:

Impaired capacity. The defendant’s capacity to appreciate the wrongfulness of the defendant’s conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge.
Duress. The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge.
Minor participation. The defendant is punishable as a principal in the offense, which was committed by another, but the defendant’s participation was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge.
Equally culpable defendants. Another defendant or defendants, equally culpable in the crime, will not be punished by death.
No prior criminal record. The defendant did not have a significant prior history of other criminal conduct.
Disturbance. The defendant committed the offense under severe mental or emotional disturbance.
Victim’s consent. The victim consented to the criminal conduct that resulted in the victim’s death.
Other factors. Other factors in the defendant’s background, record, or character or any other circumstance of the offense that mitigate against imposition of the death sentence.

Additional witnesses for the defense will include character witnesses and family members who will attempt to persuade the jury to sentence the criminal defendant to life and avoid the death penalty. After criminal defense counsel introduces mental health issues, the prosecutor has a right to introduce their expert testimony to rebut or challenge the evidence introduced by criminal defense attorney as to the legitimacy or exaggeration of the criminal defense experts. The jury, after hearing testimony of aggravating and mitigating factors, will weigh these factors and will have to return a unanimous verdict of death.

Jodi Arias gave an interview after the Arizona jury convicted her of first degree murder, and said that she wanted “ultimate freedom.” According to Jodi Arias, “death is the ultimate freedom.” The ultimate question for the jury is not life or death, but do we give Jodi Arias what she says she wanted, or is Jodi Arias just manipulating the jury the exact same way she manipulated everyone else throughout the long, drawn out ordeal. Is Jodi Arias’ statement merely a last attempt to use reverse psychology on the jury to have them give her life and as a last ditch effort to avoid the death penalty?

Divorce and Bankruptcy

Rob Turner — Thu, 02 May 2013 20:24:00 GMT

When a divorce is intertwined with bankruptcy, the keywords to focus on are "domestic support obligations." Domestic support obligations include not only alimony and child support, but may include ANY debt that someone is ordered to pay by the divorce court. Domestic support obligations are treated much differently than other debts by the bankruptcy court; domestic support obligations are priority debts and are non-dischargeable in bankruptcy.

Definition of Domestic Support Obligation

The Bankruptcy Code defines the term Domestic Support Obligation as a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt as provided under applicable nonbankruptcy law, notwithstanding any other provision of this title,(A) owed to or recoverable by: (i) a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian, or responsible relative; or (ii) a governmental unit; (B) in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child’s parent, without regard to whether such debt is expressly so designated; (C) established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of: (i) a separation agreement, divorce decree, or property settlement agreement; (ii) an order of a court of record; or (iii) a determination made in accordance with applicable nonbankruptcy law by a governmental unit; and (D) not assigned to a nongovernmental entity, unless that obligation is assigned voluntarily by the spouse, former spouse, child of the debtor, or such child’s parent, legal guardian, or responsible relative for the purpose of collecting the debt.”

What in the H#LL do all those words mean?!?

Basically, domestic support obligations include the following:

Alimony/spousal support
Child Support
Mortgage payments intended to be for support
Credit card payments intended to be for support

Now What?!? What Can I Do?!?

Hire an aggressive attorney who has knowledge, experience and success in handling both bankruptcy and divorce cases! Only an attorney who is knowledgeable in both practice areas can effectively represent you. When a family unit is having financial difficulties, the problems are doubled during a divorce: the parties go from 2 incomes and 1 set of bills to 1 income and 2 sets of bills. A competent attorney must know both areas of law extremely well to consider how to move a client forward without huge financial burdens from a marriage.

Constitutional Law: Separation of Church and State

Rob Turner — Thu, 04 Apr 2013 13:55:00 GMT

The First Amendment to the United States Constitution provides, in pertinent part, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Oftentimes, people talk about "separation of church and state;" this phrase is NOT in the First Amendment! The phrase "separation of church and state" is a phrase that came from Thomas Jefferson's letter to the Danbury Baptists Association in 1802, wherein Jefferson wrote about a "wall of separation between church and state." Interestingly, the usage of that term by Jefferson was vastly different than the usage of the term today. Jefferson viewed the separation as a shield, preventing government from taking any action offending or interfering with religion. Today, interestingly enough, the the term "separation of church and state" is being used as a sword, and only emerges from antiquity when the uneducated seek to ignore the well-established law from the United States Supreme Court and attempt to force their religion into government.

United States Supreme Court opinions, over the past 200 years, have addressed separation of church and state in a number of cases, and have always ruled in a manner keeping the two entities separate:

First Amendement applies to state and local governments
Religious instruction in public schools is unconstitutional
Any kind of prayer in public schools is unconstitutional
Reading Bible verses over the intercom is unconstitutional
Posting of The Ten Commandments in government buildings is unconstitutional
Teaching of "creation science" is unconstitutional
Displaying nativity scene inside government building is unconstitutional
Prayer at graduation ceremony is unconstitutional

Actually, the U. S. Supreme Court got it right! While some fundamentalists feel that these Supreme Court decisions are a bad thing; they are so, so wrong! The basic assumption of the proponents for prayer in school is that the prayers will be Christian and the verses will come from the Bible. Given our diverse society and the religious diversity in government and the public school system, the fundamental assumption is flawed. Government and public school systems employ non-Christians such as Muslim, Hindu, Taoist, Buddhists, etc. How awkward would it be for a Hindu physics teacher to lead a Christian Bible study in first period to a religiously diverse class? Who would want a non-Christian to teach Christian beliefs? Religion is more personal, subject to interpretation, and perhaps best taught by parents in a home or church setting as opposed to large, impersonal classrooms.

Separation of church and state is a fundamental pillar of an American society, and it truly cuts both ways: government should not interfere with religion, and religion should not interfere with government! Religion was intended to be between man and his God, NOT man and his government; all Americans should come together and collectively agree to maintain the separation of church and state set forth throughout American jurisprudence.

Same-Sex Marriage--Equal Protection for a Fundamental Right

Rob Turner — Mon, 25 Mar 2013 16:38:00 GMT

Same-Sex Marriage Equality

The United States Supreme Court will look at same-sex marriage equality this week, and will determine whether prohibiting same-sex marriage violates the equal protection guaranteed by the United States Constitution. Two cases before the United States Supreme Court deal with this issue: 1) asking the Court to strike down California's voter-approved Proposition 8, which banned same-sex marriage in California, and 2) asking the Court to strike down the federal Defense of Marriage Act (DOMA), which prevents same-sex couples who are legally married in a state from receiving federal benefits.

What's the Problem?

Opponents of same-sex marriage adhere to the traditional definition of marriage as defined as the union of a man and a woman, and defend staunch opposition to same-sex marriage as defiling the sanctity of marrige despite national divorce rates approaching sixty percent (60%). The real issue is that same-sex couples are not afforded the same rights as opposite-sex couples, triggering the equal protection clause of the United States Constitution. According to the Human Rights Campaign (HRC), there are over 1,138 federally guaranteed marriage benefits, rights, and protections that same-sex couples are prohibited from receiving under DOMA. The basic rights that same-sex couples are not afforded are as follows:

Federal tax benefits
Social Security benefits
Beneficiary/survivorship benefits
Estate tax benefits
Adoption benefits
Wrongful death benefits
Family medical leave benefits
Immigration and Naturalization benefits

The Solution:

Marriage is a hybrid religious-governmental institution. The issue of same-sex marriage and equality exists only because the government sanctions marriage; if marriage were solely a religious institution, there would not be the same polar controversy. The divisive issue could easily be solved with a two-fold approach: 1) any two individuals can get married in an official governmental ceremony, and 2) any marriage in a church ceremony, wherein each denomination is free to determine whether its followers may be married, is recognized by the government. By affording same-sex couples the opportunity to marry and to obtain the same governmental benefits as opposite-sex couples, any equal protection violations are removed. Additionally, the separation of church and religion would continue, as some churches would embrace and allow same-sex marriage, while others would prohibit such unions.

Thoughts? We'd like to know your viewpoint.

DUI Case Heads to Tennessee Supreme Court

Rob Turner — Sun, 24 Mar 2013 14:07:00 GMT

DUI in Tennessee

Remember my previous blog regarding the Field Sobriety Tests (FSTs), i.e. the 3 tests that the police will give you after being pulled over if they smell alcohol or suspect you are Driving Under the Influence (DUI)? The police use these 3 tests for probable cause, i.e. whether it is more likely than not a person committed a crime, to require a person to submit to a chemical test to determine if their Blood Alcohol Concentration (BAC) is greater than .08 or if they are driving under the influence of alcohol or drugs. Believe it or not, police are arresting people for DUI AFTER they successfully pass the Field Sobriety Tests!!

DUI lawyers are challenging this practice, and the case is on its way to the Tennessee Supreme Court. DUI attorneys are asking the Supreme Court whether a person can be arrested for DUI after sucessfully passing the Field Sobriety Tests (FSTs). Generally speaking, when a person passes the FSTs, that's it; the police officer does not have probable cause to believe that the person is driving under the influence and lets the person go. This case is an excellent example of police not following the law and the Courts upholding the law. Unfortunately, the attorneys fees and costs to the Defendant are extremely high.

The 3 standard Field Sobriety Tests approved by the National Highway Safety Administration are the following:

Walk & Turn Test
1 Leg Stand Test
Horizontal Gaze Nystagmus Test

Other tests are used by police officers; however, they are not nationally recognized and have little, if any, correlation between a person's performance on the tests and their level of intoxication.

Criminal Law: Clemency for Troy Anthony Davis?

Rob Turner — Mon, 19 Sep 2011 01:53:00 GMT

Life or Death? It's now up the the 5 member Georgia Board of Pardons and Parole.

Clemency

Clemency is the independent process of the executive branch of government constitutionally authorized to grant commutations of death sentences; commutation of a death sentence is a discretionary decision of the Board of Pardons and Paroles. The Board of Pardons and Paroles can only hear a case when all appeals have been heard through the court system. Whether to grant or deny commutation of a death sentence is based on a review of court, police, and prison records along with societal input based on the totality of the circumstances. The sole authority whether to grant or deny commutation of a death sentence is with the Board of Pardons and Paroles. When a request to commute a death sentence is received, the Board reviews its file maintained on every prisoner sentenced to death which includes the circumstances of the offense, the criminal history and comprehensive history of the life of the condemned inmate. Additionally, the Board will meet with the condemned inmate's attorney, representatives of the district attorneys office, and the victim's family. After the full review of the facts, the 5 members of the Board cast a confidential vote to grant or deny a commutation of a death sentence; 3 votes to grant commutation are required.

Why Commute Death Sentence of Troy Anthony Davis?

The jury imposed the death sentence to Troy Anthony Davis after hearing from multiple witnesses and jail house informants; now, over 20 years later, witnesses are recanting and changing their original testimony. Jurors from the original trial are coming forward and saying they would have made a different decision if they had known all the facts as they are coming out now. The Courts oftentimes wear legal blinders when reviewing a case; the Board of Pardons and Paroles are allowed to review the entire case without the blinders the Courts must wear. By reviewing the case based on the totality of the circumstances, the Board can arrive at a fair and equitable decision where the Courts have, in all honesty, failed.

Entertainment Law: The Copyright Fight is On!

Rob Turner — Mon, 05 Sep 2011 21:19:00 GMT

The Copyright War has Begun!

December 31, 2011 is the deadline for songwriters and performers to exercise their right to take back their copyright. Previous changes in Federal Copyright Law set this deadline to retain their copyrights. The change set a thirty-five year limit on copyright protection for music ownership.

The battle lines have been drawn between the record labels and the artists, songwriters and publishers of the music; battle lines that have become the "industry standard." The fight is, you guessed it, over money! Record labels typically are assigned the copyright and divide the profits with the artists; this change in the law allows the artist to get the copyright back and get all of the profit instead of a percentage of the profit. Record companies, in all likelihood, will not sit by idely while the artists are seeking return of their copyrights; there is too much money at stake for top performing songs.

If you are an artist or songwriter, please contact us immediately to file the Notice of Termination before December 31, 2011 to protect your rights.

Criminal Law: The Casey Anthony Case

Rob Turner — Thu, 07 Jul 2011 16:29:00 GMT

NOT GUILTY

Not Guilty was the Right Decision. The legal standard in a criminal trial is proof beyond a reasonable doubt and to a moral certainty. This is just shy of absolute certainty, but much higher than "she is probably" guilty. This legal standard prevents innocent persons from being imprisoned for crimes that they did not commit. The jury heard all of the evidence; none of us heard all of the evidence. The jury did not hear the media sensationalism and the almost constant editorializations of the media; they were sequestered. And, as Juror #3 stated, the jury did not find her innocent of the charges, they simply did not hear enough evidence to find her guilty!

Sentencing: The Longest Sentence Possible

No criminal lawyer was surprised at the sentence handed down by the presiding judge. This long, laborous trial did not end well for the state; the judge heard and saw all of the grotesque evidence presented at trial. He did all that he could do under the law to punish her and make the public feel better (and perhaps increase his chances for re-election); he gave her the maximum; 4-one year sentences ran consecutively, or one after the other. This was harsh, but given she has been in jail almost 3 years, she will be released next Wednesday; the sentence is almost "time served." He was clearly angry at the defendant, and he was the only one who could punish Casey Anthony for being a bad person.

Does the Verdict make you Angry?

Most people are angry at the verdict. Casey Anthony was not a likeable defendant; almost no one can believe her actions while her daughter was "missing." The main point is not to be upset with the jury system; it worked. If you want to be angry at someone, I suggest the following:

Orange County Prosecutors--for "over charging" and "under delivering"
The Judge--for allowing this case to go on for so long without sufficient evidence
Casey Anthony--for being a terrible mother and for all her misdeeds surrounding the death of her daughter

Although you may be mad as hell at the jury verdict, take a deep breath, relax, and be thankful that the jury system actually worked in this case. The defendant was not convicted because she was a despicable person, she was found not guilty because the state failed to put on sufficient evidence to prove her guilt beyond a reasonable doubt.

DUI: To Blow or NOT to Blow

Rob Turner — Sun, 03 Jul 2011 16:21:00 GMT

DO NOT Drink and Drive!!

The first rule is a hard and fast rule: DO NOT DRINK AND DRIVE!! This is the best legal advice that an attorney can give. If you are not the listening type, and you are stubborn enough to drink and drive, then you will want to continue reading this blog.

Driving Under the Influence is a Crime

Driving Under the Influence (DUI) is a class A misdemeanor in Tennessee; DUI is the only crime where you can go to jail and lose your driver's license SOLELY based on the police officer's opinion that you were under the influence of alcohol and/or drugs while driving. From the very second that you are stopped, the police officer is observing you and gathering proof that you are under the influence. The only way to get out of a DUI if you are stopped is to NOT give evidence against yourself. If the police officer smells alcohol and has a hunch that you are driving under the influence, you ARE going to go to jail for DUI regardless of whether you do the Field Sobriety Tests or take the Breathalyzer. So, if you are going to jail anyway, why take the tests and prove yourself guilty?

Field Sobriety Tests

If you have had too much to drink and you do drive, do NOT do the Field Sobriety Tests. These tests are designed to make you fail and to provide evidence against yourself! The police officer is watching you, and probably recording you, and is grading you on your performance on these tests. These are divided attention tasks that are very difficult to do sober much less after having ANY alcohol.

Breathylizer

Tennessee has an Implied Consent Law which requires you to give a breath and/or blood test if requested by a police officer. Failure to do this testing can result in your driver's license being suspended for one year. It is illegal not to do the Breathylizer. Criminal defense attorneys can more effectively represent you after your DUI arrest if you have not done the Field Sobriety Tests nor taken the Breathalizer. If you have elected not to do the Field Sobriety Tests, then you should not do the breathylizer test. If you have a high Breath Alcohol Concentration (BAC), your case will not be reduced to Reckless Driving; however, if you have not had a lot to drink, and you think your BAC will be close to the legal limit (.08), then you should take the Breathylizer and hope that your criminal defense attorney can get the DUI charge reduced to a Reckless Driving charge.

Attorneys Fees: Don't Throw Your Money Away

Rob Turner — Sun, 26 Jun 2011 00:45:00 GMT

STOP THROWING YOUR MONEY AWAY ON ATTORNEYS FEES!!

Attorneys are expensive! Actually, it often takes a lot of time for attorneys to get even the simplest task done, and at the high hourly rate customarily charged, it can cost a lot of money. Clients can reduce their attorney fees without minimizing their legal representation; here are just a few ways to help your attorney and reduce your attorneys fees.

1. Prepare for your meetings with your lawyer

Bring all of your papers to your lawyer's office
Organize the papers by topic
Make a copy of all papers for your lawyer

Think about it this way: if you carry grocery bags or boxes of documents thrown together, who is going to take the time to organize your stuff in a meaningful way? The answer: someone in your lawyer's office who is billed at a minimum of of $95/hr. You don't want to waste your time organizing your stuff? No problem, your attorney will organize them, and will be happy to bill you for it. Copying is another area where you can save yourself some money. Law firms bill for a staff member to run the copy machine, and some charge you a per copy charge.

2. Think before you act

Don't get angry at the other party
Don't go to court over small issues
Don't call police unless you want someone arrested

Stress is normal when involved in a legal matter. Anger, however, is a useless emotion that does nothing other than drive your legal costs through the roof! Your legal situation is personal to you; it's business to everyone else. Anger clouds your judgment, and tends to have client's behave and act irrationally. Separate the main goals in your case from winning each and every small thing. Going to court costs a lot of money. There is time involved in preparation, legal research, producing exhibits, and actually sitting in court waiting on your case to be called; time IS money, especially with the hourly rates your attorney is charging. Finally, try to keep your matter in one court. Often in divorce situations, client's can end up in 3 different courts: 1) Divorce Court--where the divorce is filed, 2) Order of Protection Court--to keep one spouse away from the other, and 3) Criminal Court--for domestic violence assault.

3. Work with your lawyer, not against him

Don't call your lawyer repeatedly
Don't tell your lawyer how to do his job
Don't listen to your friends, listen to your lawyer

Do you get in a taxicab and tell the driver where to turn and what route to take? Would you tell your surgeon how to remove your appendix? Probably not! Why in the world would you even think of telling your lawyer what to do in your case? Why would you listen to your friends, relatives, or preacher about legal advice? You need to hire an attorney who you trust and with whom you are comfortable. If you are not going to listen to your attorney's advice, change attorneys and hire an attorney you WILL listen to.

4. Reach an agreement and settle whenever possible

Talk to the other side and reach an agreement
Only go to court over major issues that cannot be resolved

Your goal when you hire an attorney should be to get your case settled, not to go to court "over principles." Principles cost dearly! Taking a case to trial will incur attorneys fees and court reporters fees that are extremely costly. How much are you fighting over? Does it make sense to spend $25,000 in attorney's fees when you are only fighting over $5,000? Work with your lawyer to determine your best position. Ask your lawyer to try to settle under these terms, and if not, then ask your lawyer for mediation. Some issues have to go to court and must be tried; make sure you are not going to trial over everything. Make sure the only issues that go to trial are major issues, and be prepared to pay dearly to litigate the issues that are going to trial.

5. Don't be caught up in proving you're right

Courts decide matters based on the law and the evidence
Lawyers counsel clients based on the law and the facts of their case
Even though you may be right, is it really worth it?

Have a realistic understanding of the law and your likelihood of winning. If you lawyer tries to counsel you not to go to trial; listen to him. Just because you think you have enough charisma to convince the judge to rule in your favor does not mean it will happen. Hope springs eternal; use your hope on buying a winning lotter ticket, not hoping the judge will rule in your favor in a case where your lawyer has told you not to go to trial. Even if you have a high likelihood of winning, what are the true costs of winning? If winning at all costs is in your budget, GO FOR IT!

Criminal Law: The Right to Remain Silent . . . Use it or lose it!!

Rob Turner — Thu, 16 Jun 2011 03:19:00 GMT

The Right to Remain Silent . . . Use it or lose it!!

You have the right to remain silent. If you give up this right, anything you say can and will be used against you. Sound familiar? Everyone knows this, right? Believe it or not, a lot of people are convicted of criminal offenses because of their loose lips! If only they kept their big mouth shut, no criminal prosecution would have even been brought!

Anytime that a police officer wants to talk to you about something you have allegedly done, GET A LAWYER!! Here's why:

The police think you've done something criminally wrong; otherwise, they would not be talking to you.
When police are investigating, they do not have to read you your rights; they are looking to find something to cinch their case against you.
Even though you think you have done nothing wrong, you could be talking yourself into being arrested.
Nothing good comes from talking to the police; you are only providing more information for the police officer to continue investigating.

Over the past 20 years of practicing law, I have handled many cases where the client's words alone were enough to convict! I have even handled cases where I counseled with the client prior to police investigation, and the client, despite my best advice, talked to the police officer, and, you guessed right, talked himself right into being arrested! Don't fall for police tactics; don't talk to them!

TIPS WHEN THE POLICE COME KNOCKING AT YOUR DOOR

Be pleasant and cooperative; do not be angry or insultive.
Tell the police officer that you have a lawyer, and your lawyer will contact them.
Do not fall for the police tactic "if you are not guilty, why do you need a lawyer."
Do not lie to the police officer (remember Martha Stewart was not guilty of insider trading, she was guilty of lying to police officers).
NEVER, NEVER, NEVER talk to the police without your lawyer!

Contested or Uncontested (Divorce): That is the question!

Rob Turner — Thu, 09 Jun 2011 00:39:00 GMT

Client are often confused on what the terms "contested" and "uncontested" mean when it comes to divorce. Most clients think that uncontested means that their spouse is not fighting a divorce, and that contested means that their spouse doesn't want a divorce and wants to stay married. Also, a lot of clients use the terms "uncontested" and "irreconcilable differences" interchangeably. Lawyers define these terms very differently, and understanding the attorney's definition is helpful.

"Uncontested" means that husband and wife have agreed on every term of their divorce; the lawyer is doing nothing more than taking the agreement and writing the paperwork in a fashion that the court will approve. Uncontested divorces are inexpensive and quick.

"Contested" means that husband and wife have a disagreement on some term or terms; it does not mean that one of the spouses wants to stay married. Contested divorces are expensive, and take time, effort and energy to resolve. Most contested divorces involve pendente lite (temporary) hearings, written interrogatories and request for production of documents, and depositions. After all this work has been completed, most competent attorneys can resolve contested divorces, and the divorce is finalized on irreconcilable differences.

When you meet with your attorney during the initial consultation, let him know if your divorce is "contested" or "uncontested" as defined by lawyers. If your divorce is "uncontested", have notes jotted down for your lawyer so that you can tell him what your agreement is with your spouse. This time saving method reduces the work your attorney will have to perform, thus reducing the legal fees you will have to pay!

Alimony: Tennessee Supreme Court To Reconsider Alimony Awards!

Rob Turner — Wed, 01 Jun 2011 22:13:00 GMT

Alimony Awards Subject To Change!

The Tennessee Supreme Court heard oral arguments last Thursday that will surely change the alimony landscape in Tennessee. There are literally thousands of cases dealing with alimony awards from the Tennessee Appellate Courts; lawyers can usually find one that supports his client's position on whether to award or deny spousal support. The Tennessee Supreme Court granted certiori to settle the alimony dispute once and for all.

Top divorce lawyers are anxiously awaiting the decision of the Supreme Court, and are hoping for guidelines and formulas to use in alimony cases. Generally, there are two (2) inquiries in alimony cases: 1) what type of alimony to award and 2) how much alimony to award. Judges have almost exclusive discretion in awarding alimony, and lawyers hope that the Supreme Court will issue a specific set of guidelines to assist judges in determining the type and amount of alimony to award.

Currently, alimony is awarded to a disadvantaged spouse based on that spouse's need and the other spouse's ability to pay. If there is no need, then there is no alimony award. The current case before the Supreme Court is a request for a spouse to receive permanent alimony, not because she has a need (she makes $72,000.00 annually), but that she wants to continue to have the standard of living that she had during the marriage (her husband makes $137,000.00 annually). This is not the state of the law in Tennessee and, if granted, will be a big change in alimony law.