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Can you represent yourself in General Sessions Court? Yes, you may always represent yourself in any court matter – it’s called proceeding pro se. However, you may only represent yourself. If the true party in the case is actually a corporation or limited liability company (LLC) – even if you...
Read More Continue ReadingCan We Make Them Pay My Attorney Fees? Can we make them pay my attorney fees? This is one of the most common questions we receive from our clients who find themselves involved in lawsuits. Unfortunately, the answer in most cases is no. Tennessee follows the “American Rule” which means...
Read More Continue ReadingConstruction Contract? Confirm Your Contractor is Properly Licensed First! I spent a good amount of time one week working with a client to cancel his construction contract after learning that the contractor was not properly licensed to build his new house. What started out as an exciting time in this...
Read More Continue ReadingPut Up or Shut Up is Back In what is generally viewed as a win for defendants in lawsuits, the Tennessee Supreme Court recently reverted to a more lenient summary judgment standard used by courts in Tennessee prior to 2008. A summary judgment motion is a procedural tool where...
Read More Continue ReadingWhy it Pays for Small Business to Use a Small Law Firm If you run a small business, you have no doubt heard the usual reasons why you should consider taking your legal problems to a small law firm instead of a mega-firm: Lower hourly rates (no subsidization of...
Read More Continue ReadingLegal Problem Solving: Does Your Lawyer Merely Work the Problem? Or Solve the Problem? Let’s discuss legal problem solving. Does your lawyer merely work the problem, or solve the problem? There’s a difference, you know. A cookie-cutter response vs. a creative solution Reaction vs. a plan of action “Winning” the...
Read More Continue ReadingSigning a Credit Application on Behalf of a Company Could Subject You to PERSONAL Liability Most small business vendors and suppliers require a company officer to sign a Commercial Credit Application or Agreement to buy goods and supplies on account. Watch out, though! Carefully examine the language of the Credit...
Read More Continue ReadingWhat is a Deposition? A deposition is similar to a witness testifying in court, except that it occurs in an out-of-court setting. A witness at a deposition is referred to as the “deponent.” A deposition usually takes place in a lawyer’s conference room, although I’ve personally been involved in depositions...
Read More Continue ReadingElements of a Contract in Tennessee With a few limited exceptions oral contracts are enforceable in Tennessee just like a written contract. Of course, a written contract is much easier to prove because there is hard evidence of the agreement. However, an oral contract IS enforceable in most cases. The...
Read More Continue ReadingWhat’s a Public Adjuster? Ask the Insurance Lawyer Have you ever heard of a public adjuster? Most people have not. When you file a claim with your homeowner’s insurance carrier, the company assigns an employee–called an “adjuster”– to investigate and handle the claim. The adjuster’s duties might include, among...
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