Jackson Lawyer Appointed to Court of Appeals

Jackson lawyer and Alamo native Brandon O. Gibson has been appointed to the Tennessee Court of Appeals by Gov. Bill Haslam. She will replace Judge David R. Farmer when his term expires in August 2014. Gibson, 38, has been in private practice at the Pentecost & Glenn law firm in Jackson since 2003. “Brandon Gibson will be an excellent judge on the Court of Appeals,” Haslam said. “She has vast experience in private practice, and I know she will serve the citizens of the Western Section well in this role.”

End of the Year Checklist for Small Business Owners

Nellie Akalp of CorpNet, offers this End of the Year Checklist for small business owners.

The final homestretch is a busy time of the year for the small business owner, with your time pulled between trying to meet end of year sales goals and closing out Q4 projects to holiday planning and parties. However, it’s also a critical time of year for wrapping up any legal loose ends associated with your business.

There are a couple of steps to take to make sure your business is legally fit for 2014. By doing so, you’ll be making sure your business gets the right start in the New Year, and you won’t end up paying extra in administrative fees and fines. Here’s what you need to consider before the calendar hits 2014:

1. Incorporate or change your business structure

If you’re like many small businesses you may have started as a sole proprietorship or partnership. But many businesses eventually outgrow these business structures. If your business is not incorporated, you may want to incorporate (either by forming an S Corp or LLC) to shelter your personal assets and perhaps give you more flexibility and cost savings when it comes to your taxes.

2. Close any inactive businesses

If you’ve ever registered a business with the state and are no longer operating it, you need to file a formal termination with the state as soon as possible. Why? Until that paperwork is in, you’re still going to be charged for any fees associated with the business, you’ll need to file an annual report, as well as submit any tax returns.

To close a business, you need to file an “Articles of Dissolution” or “Certificate of Termination” document with the Secretary of State where your Inc. or LLC was formed. Keep in mind that you will need to settle any owed taxes before you can do this (but again, the sooner you take care of this, the better…when it comes to taxes, ignoring the problem won’t make it go away).

Make sure to take care of these matters while it’s still 2013. There’s no reason to keep paying for a business that’s basically been retired.

3. Hold an annual meeting for your Corporation or LLC

If you’ve gone through the work to incorporate your business, make sure you keep it in good standing. If you haven’t held an annual meeting for your Corp or LLC this year, be sure to get one in before the end of the year. Along with the meeting, you’ll need to generate written minutes/resolutions to be signed by the shareholders (Corporation) or members (LLC). If this will be your first meeting, you can find free meeting minutes online to use as a starting point.

4. Make sure you file an annual report for your corporation/LLC

Most states require some form of an annual report filing (some every year; some every two years). If your state requires you to file this report, there is a specific due date for filing each year. In some cases, it’s on the anniversary of your business’ incorporation date; in other cases, it’s when your annual tax statements are due; and in some cases, it’s at the end of the calendar year. Missing this deadline can result in penalties and late fees, and depleted state budgets mean that we’re seeing several of these late fees grow.

5. File an “Articles of Amendment” to record any company changes

If you made any changes to your business (for example, if you changed your business address, dropped the .com from your official company name, authorized more shares, or a board member left), you’ll need to file an official notification with your state.

This may seem like a pretty trivial thing, but it’s actually essential to keeping your LLC/Corporation in good standing. For example, if your business happens to be sued and your paperwork isn’t up to date, it’s possible that the plaintiff will try to come after you personally.

6. Review your estimated tax payments for 2013

Now that we’re nearing the end point of the year, review what your business has made year to date and assess your estimated tax payments to avoid underpayments or overpayments. You’ll want to adjust your final 2013 payment (which is due Jan 15, 2014) as needed.

The next few months will be busy, but set aside some time to address these legal obligations. It will help you save money in fees and penalties moving forward. And what better gift could you give your business than a fresh start for the New Year?

Business Law Launch

  King & King, PLC is proud to announce the launch of its Business Law and Commercial Litigation Division. Our Mission is to establish a division of King & King, PLC, geared toward the needs of small to mid-sized businesses and to act as a general counsel at a reasonable cost to the client. 

  As a small business ourselves, we are familiar with the day-to-day obstacles small to mid-sized businesses face. Many of these obstacles are legal in nature and require a professional's advice - often a quick response is needed. King & King sets a new standard in the legal community of West Tennessee in the areas of client communication and accessibility through the use of technology. When you have questions, we will be there to get you the information you need to form a sound business decision. 

  King & King is constantly establishing new relationships with other businesses, thus establishing a network to assist small to mid-sized businesses, from business coaching, marketing, accounting and beyond. We want to see your business thrive and hope to be a resource for your business beyond your legal issues. 

  The Business Law and Commercial Litigation Division of King & King will provide general counsel services to the small to mid-sized businesses in West Tennessee at an affordable rate to the client. By establishing a regular monthly fee as opposed to an hourly rate for work as a general counsel, small businesses can discuss legal issues with its attorney and avoid legal pitfalls before they occur. 

  In addition, King & King will handle business formations, transactional work such as contracts, partnership agreements, buy-sell agreements, non-compete agreements, etc., at flat fee rates so that small to mid-sized businesses can better budget for legal issues. In the event unforeseen legal problems arise, King & King will be there to counsel and advocate for the businesses at a reasonable hourly rate. 

Here is a more specific description of the services we provide: 

Business Formation: 

King & King will assist new business owners in determining the type of business entity is the best fit for them and prepare the necessary documents to establish the new entity. Furthermore, King & King will advise and assist new businesses regarding the requirements for the new entity, such as annual meetings, annual filings with the State, etc. 

Drafting and Reviewing Contracts and Agreements: 

We will review existing agreements, contracts and invoices and prepare similar documents to put the client in the best position possible, including verification of such contractual elements as attorney fee and collection costs and interest on unpaid balances provisions. In addition, when a client enters into an agreement with another business, we will review any agreements presented to the client and work with the other business or its legal representative to draft a mutually agreeable contract. 

Litigation: 

Conflict is a reality of business. In the event clients find themselves in a legal battle, despite the best efforts to avoid such, King & King can provide top notch legal representation in and out of the courtroom. 

Alternative Dispute Resolution: 

As a Tennessee Supreme Court Rule 31 Family/Civil Mediator, Dusty King is conversant with the ADR process and can advise clients, not only if they are participating in the process, but on whether clients should include ADR provisions in their own work environment. 

Collections: 

Using alliances formed with collection agencies, King & King can provide collections services for those business clients who deal with accounts receivables. In the event litigation is not warranted, King & King will assist clients to determine the best direction to pursue the monies owed and, if justified, help them to choose an appropriate collection agency. If the softer approach is unsuccessful, then King & King is here to litigate and exercise the client’s post judgment legal rights to collect those monies owed it. In the event a customer files bankruptcy, King & King can advise our clients accordingly and take the steps to protect their interests. 

General Counsel Services: 

The best legal advice is the advice given before a business makes a move rather than after a problem arises. King & King will be available to discuss the client’s legal issues and take any steps possible to eliminate a problem before it starts. We will conduct any legal research necessary and thoroughly investigate a situation to assist the client in making the best decision for the client based upon the circumstances. 

Whether you have been in business for years or are just starting out, King & King, PLC can help. 

Underemployment & Child Support

Sharon Sitz and William Sitz were married for 16 years until Sharon sued William for divorce. The court awarded her a divorce on the ground of inappropriate marital conduct and adopted her proposed parenting plan. This made her the primary residential parent of their minor child and divided the marital property. Furthermore, the court determined that the husband was voluntarily underemployed and imputed additional income him in order to calculate his child support obligation.

To read the case in detail, click here.

Conflict from States Apart

Below is a recent case from the Tennessee Court of Appeals that deals with several issues.  First, the case deals with the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) where two states, in this case California and Tennessee, both have a potential claim for jurisdiction of the case.  Second, it deals with the death of a parent and the rights of the grandparents, who actually had custody of the child at the time of the mother’s death.



To read the full details of the case, click here.

Generation Y: Expectations v. Reality

Lucy is part of Generation Y, the generation born between the late 1970s and the mid 1990s. She's also part of a yuppie culture that makes up a large portion of Gen Y. She grew up in a time of prosperity, which now in adulthood, has left her with high expectations that don't alway match reality. This, in turn, leaves her unhappy. Her mindset is vastly different from those of her parents who were part of the Baby Boomer generation. Their expectations matched their reality, and when economic prosperity occurred, their success exceeded their expectations. 

Click here to read the Huffington Post's full article on Generation Y.

Modified Grandparent Visitation

The Tennessee Supreme Court has held that the grandparents are essentially on the same footing as a “parent v. parent” modification.  The moving party must show by a preponderance of the evidence that there has been a material change in circumstances and that change makes a modification or termination of grandparent visitation in the child’s best interests.

To read details on a case of modified grandparent visitation, click here.

Mother's Request for Relocation Denied

In this case, a parent sought to relocate to Wisconsin with her new husband and her two children. The paternal father of the children opposed the relocation. The trial court concluded that the relocation did not have a reasonable purpose and could be harmful to the children.

Read the full case here.

Case on Grandparent Visitation

This recent case from the Tennessee Court of Appeals, McGarity and McGarity v. Jerrolds and Jerrolds deals with the issue of whether paternal grandparents whose son voluntarily surrendered his parental rights and allowed a step-father to adopt will be granted visitation under the Tennessee Grandparent Visitation Statute. Judge Stafford delivered with Judges Highers and Farmer joining. The case gives an incredibly thorough analysis of the law regarding grandparent visitation and the standards that must be met. In addition, the Court looks at the issues of attorney-submitted proposed findings of fact and conclusions of law and the issue of raising evidentiary objections at the appellate level but not at the trial level.

To read the full case, click here.

President's Call for a 2-Year Law Degree

President Barack Obama’s comments last week that law school should be limited to two years is drawing reaction from both sides of the issue. A number of law professors praised discussion on the idea, but most of those blogging about the concept found fault with it. Berkeley Law professor Dan Farber warned that a two-year program would not leave time for specialized courses, such as environmental law, that are not tested on bar exams. Albany Law School professor Mary Lynch suggested the president is confusing unpaid interning with a true clinical experience, and that he does not understand that clients no longer want to pay for on-the-job training of new attorneys. And Matt Bodie with the Saint Louis University School of Law argued the idea would not automatically lower tuition as schools could just increase the cost per credit hour. Read a wrap up of reactions at TaxProf Blog.

The source of this is the TBA Today by the Tennessee Bar Association.

Child Custody and Property Division

In the case of Terri Ann Kelly v. Willard Reed Kelly, Terri Ann Kelly ("Wife") was awarded 1000% of the marital assets by the Trial Court. She had sued Willard Reed Kelly ("Husband") for divorce after 18 years of marriage and was awarded custody of the parties' son, Will. She was also awarded attorney's fees. The Court of Appeals, though, modified the Trial Court's division of the marital estate and alimony to Wife, giving her 300%.

The full case can be found here.

Law School Enrollment Declines

Some law school administrators believe that in the near future there may be a shortage of lawyers as law school enrollment continues to decline. Tennessee law schools are no exception to the declining enrollment.

However, not everybody believes this a bad thing for the current students. The class sizes will be smaller and more scholarship opportunities will be available. Law schools have dropped fees and lowered tuition.

The job market will be completely different for the last half of this decade. Also, it seems that the future lawyers of America will be smarter and more competitive. The students have been putting out higher LSAT scores and median GPAs.

To find out more on this subject read this article from The Nashville Ledger.

First Woman to Serve as Tennessee Supreme Court Chief Justice Announces Retirement

Janice M. Holder made history as the first woman to serve as Tennessee Supreme Court Chief Justice. August 31st, 2014 will be her last day in the state's highest court. She will not be seeking re-election.

“It has been my privilege to serve the people of Tennessee as a trial judge and Supreme Court justice – and an honor to have been selected by my fellow justices as the first female chief justice in our state’s history,” Justice Holder said.

Justice Holder served on the first Tennessee Supreme Court with a majority of women. She was first elected circuit court judge of the 30th Judicial District in Memphis in 1990. She was appointed to the Supreme Court of Tennessee in December 1996, elected in August 1998, and then re-elected in 2006 to her current eight-year term.

Some of her honors include: 2010 Legacy Laureate, University of Pittsburgh; 2009 W.J. Michael Cody Pro Bono Attorney of the Year Award, Memphis Area Legal Services; 2009 Jurist of the Year Award, Southeastern Region of the American Board of Trial Advocates; 2008 Grayfred Gray Public Service Mediation Award, Coalition for Mediation Awareness in Tennessee; 1999 honoree for exceptional support of the Tennessee Lawyers Assistance Program by the American Bar Association Commission on Lawyer Assistance Programs; 1990 Memphis Bar Association Sam A. Myar Award for Outstanding Service to the Legal Profession and to the Community; 1992 Chancellor Charles A. Rond Award, Outstanding Jurist, Memphis Bar Association.

Conflict in the Court

The following case is from the Gibson Juvenile Court. The Mother and Father in the case were originally represented by the same attorney when they both had the same interest. The interest of the Father changed. The Mother's attorney then sited obvious conflict of interest regarding his representation of the Mother because he had previously consulted with both parties when they agreed on the issues. The Court should have granted a continuance to allow the Mother to seek new representation or represent herself. The complete case can be read here Gibson Juvenile Court Case.

The Defense of Marriage Act Breaking News

Today, the United States issued a ruling in the case of United States v. Windsor that could have similar historical significance as cases like Roe v. Wade and Brown v. Board of Education.  The Supreme Court held that The Defense of Marriage Act’s (DOMA) definition of “marriage”  which is defined as “only a legal union between one man and one woman as husband and wife” to be unconstitutional under the Fifth Amendment of the Constitution.  This is an obvious victory for the Gay and Lesbian Community; however, it is also a huge win for supporters of the Tenth Amendment.  The Supreme Court, in a dramatic deviation from recent precedent, found same sex marriage to be a state issue, rather than a federal one.  The Windsor case, in essence, has upheld the individual States’ right to define marriage as it and its residents see fit, without the overbearing eye of the federal government to intervene.  The Supreme Court’s opinion provides a detailed history of the State’s authority over domestic relations and how the DOMA violates the due process rights of same sex couples.  Regardless of what side you are on, this case will have lasting historical significance for future generations.  The full opinion can be found here, http://www.kingplc.com/United%20States%20v.%20Windsor.pdf

6 Easy Rules for Working with Your Attorney

At King & King, we understand how stressful a legal battle can be, especially a divorce. You are angry, upset, and scared. People can do or say things while going through a divorce that normally they would not do. Here are some simple rules that will make the legal process easier for you and your attorney.

1. Be Polite
Your attorney understands the amount of stress you are under. Please, remember that your attorney and his or her staff are there to help you. Be civil and courteous. Try not to snap back, but take calming breaths and explain your frustration. Attorneys are people too and need respect.

2. Trust Your Attorney’s Knowledge
You hired your attorney for a reason. You respect the legal knowledge and experience that the attorney has collected. Family and friends may have gone through a divorce also. It is alright to ask them about their experience handling their divorce. However, keep in mind that every case is different and Judges are not the same. Just because your friend’s case worked out one way does not mean yours will work out the same. Trust the attorney you hired to know what the Judge is or is not looking for. The attorney knows what the Judge wants to see to prove your case.

3. Take Responsibility for Your Actions
The facts in your case took place before you ever met your attorney. If you are at fault for the end or your marriage, you will need to take responsibility for it. Most Judges appreciate this. They would rather you admit your mistakes.

4. Don’t Look for Punishment
The Court is not here to punish anyone. If your spouse wronged you, the Court is not going to unfairly punish him or her even if they were cheating. Find peace in the fact that justice will be done.

5. Payments
Attorneys are there to help you through a difficult time, but remember attorneys need to make a living too. When you sign a Legal Representation Agreement with an attorney, he or she is agreeing to represent you. In return, you are agreeing to pay your attorney for those services. Carefully look at the retainer fee ahead of time to make sure it is within your budget. If you get behind on your bills, talk to your attorney. He or she may be willing to work with you so you can make payment arrangements.

6. Ask Questions
Your attorney is only responsible for what he or she says. You are responsible for what you hear. If you don’t understand something, feel free to ask questions about it. Your attorney has no other way of knowing if you don’t understand something. Don’t wait until after settlement documents are signed and filed with the Court to tell your attorney that you didn’t understand what you were signing. It’s your attorney’s job to make sure you know what you are getting into, but unfortunately, we can’t read minds.

Lawyer Surplus

New research shows which corners of the country have the biggest oversupply of young lawyers. Law schools have acknowledged that they have been turning out more graduates with too few jobs. In 2011, schools were turning out two graduates for every one job. 

Read the full research and see which state ranked first and last here. 

The Haggard Case

The Haggard case is a good example of the Court making an equitable division of marital property. The Court even corrected itself on a Motion to Alter or Amend to get an equitable division. This is also an example of the Court being big enough to admit it made a mistake. 

After the trial court entered a final decree of divorce, the wife filed a motion to alter or amend, seeking a modification of the division of marital property. The trial court granted the motion to alter or amend, stating that the court was operating under a misconception concerning the wife’s position at trial, which rendered the division of marital property inequitable. The court awarded an asset previously awarded to the husband to the wife instead. Husband appeals. We affirm...read the full case here.

ROBERT TREY WOOD, III v. JENNIFER ROSE WOOD

The following is an appeal from Chancellor Maloan who presides over Obion and Weakley Counties. His ruling was upheld. 

Court of Appeals of Tennessee at Jackson:

The parties, Appellee Robert Trey Wood, III (“Father”) and Appellant Jennifer Rose Wood (“Mother”) were married in 2007 and a child was born to them the same year. The parties separated in the fall of 2010, with Mother taking the child from the parties’ home in Union City, Tennessee and moving to Jackson, Tennessee. As a result of the separation, Mother initiallydenied Father visitation with the child. Father filed for divorce on November 12, 2010. On the same day, Father filed a motion to designate a temporary residential parent for the minor child. On November 17, 2010, Mother filed a response to the motion, seeking to be named the primary residential parent. Mother later filed a response and countercomplaint to Father’s divorce complaint. The parties eventually entered into a consent order in which Mother was temporarily named the primary residential parent and Father was awarded reasonable visitation. After Mother was named primary residential parent, sheenrolled the child in a college preparatory private school at her own expense...click here to read more.

Call King & King at 731-664-6864 or visit us at http://www.kingplc.com/ to find out how we can help you.