November 11, 2009 by Zale.

There are many things in this life that we can do on our own.  The problem is that often we miss details that a professional can pick up on.  It’s easy for individuals, who don’t know any better, to allow an insurance company, a district attorney, the Department of Children’s Services or any number of other individuals or agencies to take advantage of them.  Do all of those in power take advantage of the average person? No.  Do some of them? Absolutely.  How does the average individual know if they are getting the best deal or treatment? Hire an attorney.

When you hire an attorney, if nothing else, it keeps the other side honest.  It lets them know that you at least want someone looking out for your best interest.  It also gives you, the client, someone to help you understand what’s going on.  Often law is tricky.  So much so, that even attorneys can’t know it all.  At least with an attorney by your side, you have a much greater shot at getting treated fairly.

Posted in Negotiations, General Law | No Comments »

April 10, 2009 by Zale.

In a meeting the other day, a few things came up that sets my office apart from the general perceptions of attorneys and law offices.

Forgiveness - I  believe that Jesus taught us to forgive.  This does not always fit with plaintiffs mindset toward their cases, but it is still important.  On the flip side of this, forgiveness is what allows me to do criminal defense.

Risk - I am all about planning.  I believe that businesses and individuals should do all they can to minimize their legal risks and liability.  However, where I differ from the general perception of attorneys is that I believe that sometimes we get too paranoid about liability.  We need to plan and pray, but we can’t live our lives fearing litigation.  The biggest problem I see is that often churches and Christ centered business don’t use their facilities and resources to their fullest potential.  This is due to their fearing opening their facilities and resources to the masses.

Politics - I’m a conservative.  I’m Pro-Life.  I’m a Christian. I believe that heterosexuality is the only sexuality.  These are principles that my office is based on.   I’m open and vocal about this, even though these views are generally not popular in the legal community.

So, these are some things that set me and my practice apart from others.  Whether or not clients or potential clients agree with the above views and principles is beyond my control, but I think its good for them to know.

Posted in General Law | No Comments »

February 12, 2009 by Zale.

I didn’t expect to win.  I encouraged the client to try to enter into an agreement before the hearing.  It was not a big case, except to my client.  The other side thought they had a lock.  But every now and then, an Appalachian State beats a Michigan (football reference to those of you who don’t follow college sports).  That’s why they play the game.  College sports wouldn’t be much fun if every team entered into an Agreed Order as to the outcome of the game.  Law wouldn’t be much fun if there wasn’t a hearing every now and then.  Sometimes you are surprised.  Sometimes David beats Goliath.  Sometimes a seasoned lawyer’s years of experience just can’t overcome the poor facts of their case or a judge’s opinion.

This was my first win as lead trial counsel.  It wasn’t even in an area that I practice much or have a tremendous amount of confidence or experience, but its a win none the less.  Soon I’ll finish this cigar and send the client a bill.  It’s nice to have happy clients, but its even nicer to have happy clients that don’t mind paying the bil.

Posted in Child Advocacy, General Law | No Comments »

November 10, 2008 by Zale.

I Corinthians 6:1-6 (NIV) states:

If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church!  I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another—and this in front of unbelievers!  (Scripture thanks to Biblegateway)

Unfortunately, churches seem to forget about this scripture when money or property is involved.  The latest case of this is Avondale Church of Christ v. Merrill Lynch.  In this case the Court of Appeals found that this case deals with ecclesiastical (church) law and the trial court had no jurisdiction.

So, what do we learn from this?

1. If you are a church that claims to be an independent congregation, have some sort of written operating agreement.
2. Read the scripture.  There are plenty of us who are Christian attorneys who can mediate or arbitrate your church disputes.  Don’t take the matter to court.

Here’s another scripture:

Do not conform any longer to the pattern of this world, but be transformed by the renewing of your mind. Then you will be able to test and approve what God’s will is—his good, pleasing and perfect will. Romans 12:2 (NIV)

Posted in Litigation, General Law | No Comments »

October 29, 2008 by Zale.

Here’s a great discussion of Planned Parenthood’s connection to racism and the overall injustice known as Abortion.

Posted in Right To Life, General Law | No Comments »

September 10, 2008 by Zale.

“What’s the Rush?” is a program where the Tennessee District Attorneys speak in local schools to potential FATHERS about the legal and financial burdens of being an unwed father.  This is such a great approach by the DA’s.  Way to go!

Posted in Right To Life, General Law | 1 Comment »

September 4, 2008 by Zale.

For those of you who have visited my website in the past, you might notice that it is different.  Instead of trying to focus my practice on Injury, Criminal AND Business Law, I’m now trying to emphasize the Injury portion of my firm.  Why? Because I spent so much time assisting people with their injury claims when I was an adjuster, I want to do that now as an attorney.  Sure, I still take the other cases, but that is not the focus of the firm.

Posted in Criminal Law, Injury Law, Business Law, General Law | 1 Comment »

September 3, 2008 by Zale.

Recently I was asked to teach a graduate level class regarding Professional Negotiations.  Since so much of my career as a claims adjuster and as an attorney have revolved around day to day negotiations, I am looking forward to the class.

For those in the class, I have assigned the class a few Tennessee cases to read.  Those cases are:  Polk Co., Marion Co. and  Rutherford Co.  These cases are some examples of negotiations in Tennessee regarding the field of Education.

Posted in Negotiations, EDAD 6050/7050, General Law | No Comments »

August 22, 2008 by Zale.

When I was a claims adjuster, I had many instances where attorneys would file suit and then not serve the summons because they only filed the suit to preserve the statute of limitations.   They delayed serving the suits on the defendants while they attempted to get the claim resolved.  Well, here’s a recent Tennessee Court of Appeals case where that really bit the attorney in the rear.

The Rule of Civil Procedure that controls this is 4.01(3) and it states:

If a plaintiff or counsel for plaintiff (including third-party plaintiffs) intentionally causes delay of prompt issuance of a summons or prompt service of a summons, filing of the complaint (or third-party complaint) is ineffective.

So the delay on the part of the attorney of serving the complaint on the defendant makes it as if the complaint was never filed.  Ouch!

Posted in Litigation, Injury Law, General Law | No Comments »

July 18, 2008 by Zale.

My law office does not use Windows.  This was a business decision on my part.  The office uses Linux, specifically Ubuntu and Mandriva, to run it’s computers.  Linux is more secure than Windows or Macintosh and is much, much cheaper to operate.  For this, the office has gotten some attention.  Check out the article in at Linux.com about the office.

Posted in General Law | 1 Comment »