901.372.5003 24/7 Live Call Answering
In Estate Planning

Law FAQ: Why would I want a revocable living trust?

Law FAQ: Why would I want a revocable living trust?

Contrary to what you’ve probably heard, a will may not be the best plan for you and your family. That’s primarily because a will does not avoid probate when you die.  A will MUST be validated by the probate court before it can be enforced, and the probate process is part of the public record (thus potentially airing your family’s personal financial details), can be extremely costly, burdensome, potentially divisive to the family, and consume considerable time and energy at precisely the time you are trying to deal with the loss of your loved one.

Also, because a will can only go into effect after you die, it provides no protection if you become physically or mentally incapacitated.  So a court could easily take control of your assets before you die – a concern of many elderly people and their families.

Fortunately, there is a simple and proven alternative to a will – the revocable living trust.  It avoids probate and lets you keep control of your assets while you … Read the rest

Continue Reading
August 23, 2011
In General

Law FAQ: What are the duties of landlords under Tennessee law?

Law FAQ: What are the duties of landlords under Tennessee law?

A frequent question that clients ask is what obligations does their landlord owe to them.  Tennessee has adopted an act referred to as URLTA (“Uniform Residential Landlord Tenant Act”) that is limited to certain counties in Tennessee, including Davidson and Shelby counties, and that only applies to residential leases.  While URLTA includes many detailed provisions, the most common problems stem from inadequate maintenance by landlords.

Under URLTA, a landlord must do the following:

  • Comply with requirements of applicable building and housing codes materially affecting health and safety;
  • Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
  • Keep all common areas of the premises in a clean and safe condition; and
  • In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection.

Tenants should also note that URLTA allows the landlord and tenant to make a written agreement where … Read the rest

Continue Reading
August 22, 2011
In Auto Accident, Civil Litigation, Personal Injury

What is uninsured motorist coverage, and how much do I need?

What is uninsured motorist coverage, and how much do I need?

Under Tennessee law, a driver is required to maintain liability insurance to cover any damages that the driver might cause in a car wreck or related accident.  That way, innocent victims are protected. Unfortunately, though, the minimum legal limit required under Tennessee law for liability coverage is only $25,000 — which is extremely low.  A car wreck can easily exhaust $25,000 in coverage.  And, of course, many drivers choose to violate the law by not carrying any auto insurance at all.  We see it all the time here in Memphis. This is why you need uninsured motorist coverage or “UM” coverage.

What happens if I get hit by a driver with little or no liability insurance?

This is where your own uninsured motorist coverage or underinsured motorist coverage would kick in to protect you.

In insurance lingo, uninsured/underinsured motorist coverage is typically referred to as “UM coverage.”  UM coverage is included as part of your own liability policy, and it is usually the same amount as your liability coverage.  … Read the rest

Continue Reading
August 19, 2011
In Estate Planning, General

Law Talk: A Conservation Easement Can Save You Thousands in Taxes

Law Talk: A Conservation Easement Can Save You Thousands in Taxes

In 2010, Congress extended the enhanced tax deduction for Conservation Easement Donations (“CEDs”), but only for a limited time.  This provision is a real gem for anyone owning a piece of undeveloped land.  But you must act quickly.

CEDs allow landowners to create and grant a property easement to a land trust or other non-profit and deduct the value of the easement form their income taxes, all while maintaining full control and ownership of the property.  The amount of the deduction is determined by the decrease in value of the property from before the easement to after.

Example:   Farmer John owns 100 undeveloped acres near a growing town.   John decides to donate a conservation easement to ABC Land Trust.  The easement simply restricts John from developing the property into residential or commercial development, which he never intended to do anyway.  Essentially, John and his family and his heirs can still farm, hunt, fish, ride ATVs and otherwise enjoy the outdoors on the land as they had always planned.  Indeed, … Read the rest

Continue Reading
August 18, 2011
In Estate Planning, General, Medical Malpractice, Personal Injury

Patterson Bray — Law FAQ Series: Submit Your Legal Questions!

Patterson Bray — Law FAQ Series: Submit Your Legal Questions!

In thinking about how we might better serve our friends, clients, and prospective clients seeking reliable information on the web about Tennessee law, we decided to start a new series called Law FAQ (Frequently Asked Questions).  Similarly, we will have periodic blog posts regarding current legal news or informative topics called Law Talk.

Using “Question & Answer” format, we will provide a 30-45 second shot of useful information a few times each week.  Sample topics may include personal injury, business law, construction law, commercial litigation, negligence, medical malpractice, technology, estate planning, auto accidents or car wrecks, insurance law, asset protection, civil rights, brain injury, wrongful death, hospital negligence, nursing home abuse, pharmacy error, workers’ compensation, probate, charitable planning, and trusts.  See a sample Law FAQ here.

We also want this series to be interactive, and so we invite you to submit questions or suggested topics by filling out the Contact Form here and including “Law FAQ” in the Subject/Inquiry box.  Please be assured that your … Read the rest

Continue Reading
August 18, 2011
In General

Memphis-Shelby County Schools — See the Judge’s Order for Yourself

Memphis-Shelby County Schools — See the Judge’s Order for Yourself

The Order issued by Judge Samuel “Hardy” Mays in the local schools’ case has — with good reason — captured the attention of the public and the media alike during the past week.

We’ve all been subjected to countless media reports describing and analyzing the Order — What does it say?  What does it mean?  Who won?  Who lost?  What happens next?

I’ve read lots and lots of opinion.  What I haven’t seen, though, are many links in the media to the Order itself.

Mindful of that, I wanted to pass a copy of the document so that you can read the Order for yourself, make your own analysis, and draw your own conclusions.

Microsoft Word – FINAL Order Deciding Case – FINAL

Warning:  The Order is long (146 pages).  However, it is well organized and very well written — an easy read insofar as legal opinions go.

I’d be interested to know what you think.  I may offer some of my own observations after further reflection.… Read the rest

Continue Reading
August 15, 2011
In Medical Malpractice

Law FAQ: What is medical malpractice?

Law FAQ: What is medical malpractice?

What is medical malpractice?

Medical malpractice occurs when a patient is injured as a result of medical treatment that falls below the acceptable standard of care within the medical community. Medical Negligence is another term for medical malpractice. Most medical malpractice claims result from one of the following:

  • Failure to properly diagnose an injury or condition in a timely manner.
  • Failure to provide proper treatment once a diagnosis is made.
  • Failure to obtain informed consent prior to a medical procedure.

Who can commit medical malpractice?

Medical negligence claims can be asserted against a doctor, hospital, nurse, clinic, chiropractor, dentist, pharmacist, nursing home, or other health care provider.

What must be proved in a medical negligence case?

To prevail in a medical malpractice suit, a patient must prove:

  • The recognized and accepted standard of care in the local medical community, or in a similar medical community.
  • That the healthcare provider failed to act in accordance with the applicable standard of care (referred to as a violation or “breach” of the standard of care).
  • That as
… Read the rest Continue Reading
August 11, 2011
In Medical Malpractice, Personal Injury

Law FAQ: How long do I have to file a legal claim?

Law FAQ: How long do I have to file a legal claim?

The deadline for filing a lawsuit is referred to as the statute of limitation.  The length of time you have to file a lawsuit under Tennessee law depends on the nature of the underlying claim:

Personal Injury — Under Tennessee law, a personal injury claim must generally be filed within 1 year from the date of injury.  Personal injury claims include things like car wrecks, slip and falls, and medical malpractice.  There are some situations where the 1 year deadline can be extended — for example, where an injury cannot reasonably be discovered within the statute of limitation, or where the injury occurs to a minor — however, such exceptions are rare and can be very tricky.  The determination of the precise time period can be complicated, and therefore you should contact a lawyer if you you have a personal injury claim to avoid the risk that you miss an important deadline.  (Other claims that are likewise subject to a 1 year statute of limitation include many state and … Read the rest

Continue Reading
August 10, 2011
In Personal Injury

Law FAQ: I was injured in an accident. What amount of damages can I expect to recover?

Law FAQ: I was injured in an accident. What amount of damages can I expect to recover?

Based on some of the TV commercials and urban myths out there, people are led to believe that if they or a loved one has been injured in an accident that they can expect an easy road to a big, fat check.    Don’t believe everything you hear, though, because that simply is not the case.

If you are injured as the result of the negligence of another person or company, you ARE indeed entitled to a fair recovery for your losses — both economic and non-economic losses.  However, insurance companies and adjusters aren’t in the business of just giving away money willy-nilly.  And neither are juries.

If you have a serious injury, there’s nothing that’s “easy” about the process at all.

Unless you want a quick-and-dirty, low-ball settlement you hear about on TV, then you should consult an experienced attorney who will evaluate the facts, determine the strength of your claim, and then actually do the hard work that it takes to secure … Read the rest

Continue Reading
August 9, 2011
In General

Patterson Quoted in Memphis Daily News on Court Clerk Positions

Patterson Quoted in Memphis Daily News on Court Clerk Positions

Attorney Chris Patterson was quoted in an article by Bill Dries today in the Memphis Daily News concerning former efforts by the Metro Charter Commission to consolidate and/or streamline the various elected court clerk positions in Shelby County.

“A lot of ideas were kicked around. But then we kind of quickly realized that we were fairly restricted on any proposed changes that could be made, even if there was some opportunity for some greater efficiency,” said Chris Patterson, who headed the group tasked with making recommendations on judicial offices. “Once the charter’s voted down, you never know if you really could have done it or not. Until you try to do it and somebody challenges it, you don’t know if it’s going to hold up. We tried to take the approach … to provide as much certainty as possible.”

The article comes in the wake of the suspension of General Sessions Court Clerk, Otis Jackson, in connection with allegations of improper fundraising.… Read the rest

Continue Reading
August 8, 2011