Conservatorship Case

In the recent case In Re: Conservatorship of Jack Wayne Turner, the Mother sought modification of a prior court order providing conservatorship of her disabled son to his Father and for modification of the order allowing her only supervised visitation.  After careful consideration of the case as a whole, the trial court ordered that the Mother increased visitation, but upheld the restriction that all visitation be supervised. The trial court too held that the Father had discretion to record any communications between the Mother and their son. The Mother appeals to the Tennessee Court of Appeals arguing the restrictions of the trial court were an unconstitutional restraint on her free speech and that the trial court abused its discretion in allowing her only eight hours of supervised visitation per month. The Tennessee Court of Appeals upheld the ruling of the trial court finding that the “modern rule” allowed defamatory speech to be enjoined if it was determined that the statements were false and is allowable only if the injunction is narrowly tailored to prohibit that speech which was determined to be false. They found that the injunction of the trial court satisfied both restrictions. With regard to the issue of the Mother’s supervised visitation, the Tennessee Court of Appeal again upheld the trial court finding that the trial court acted in efforts to preserve the best interest of the parties disabled son by providing safeguards for him against the Mother’s negative actions. They further found that given the Mother’s history of disregarding the orders of the trial court, additional actions were warranted to ensure the court’s orders would be followed. This case is significant as it upholds the acts of the Tennessee Courts to protect those subject to conservatorships from potentially harmful acts of others, even if the means of doing so are highly restrictive. It too furthers the already well-established emphasis on the best interest of those subject to conservatorship actions.  

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.

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.

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.