Avvo

I've been on Avvo for awhile and I've gotten 9 5 star reviews as well as 5 peer endorsements.  I'm curious how I'm listed as a 6.9/10 per Avvo's rating system but I'm one of the best reviewed attorneys in my local bar.

Of course they keep asking me to purchase ads from them... Does that affect their rating?  Who knows.  Either way I have a live badge hopefully it will show up below.

Mediation in a Tennessee Divorce

Mediation in a Tennessee Divorce

More and more commonly divorces are being resolved in mediation.  In fact often times a Judge will order parties to attend mediation prior to setting a divorce case for trial.  This is good because it gives a divorcing couple a great deal of control over how the issues are resolved. 

What is Mediation?

Mediation is a process where the parties to a lawsuit sit down, usually in separate rooms with their respective attorneys, and attempt to reach a settlement on some or all issues in the case.  A mediator is a neutral third party, usually an experienced attorney, who will go back and forth between the parties in an attempt to broker a deal to resolve the case or at least parts of the case.  Mediators never advocate for either side.  Their job is to help each side understand the other party and resolve their differences.  In order to accomplish this they have to stay neutral.

How does mediation work?

Mediation is an informal process.  It’s very much more relaxed than the inside of a Court room.  As mentioned before, a mediator will go back and forth between the parties attempting to settle all issues.  Mediation is conducted one of two ways.  One both parties sit in the same room with the mediator attempting to work through all the issues of the case.  This can be counter-productive if emotions are running high.  Another method, often called the “shuttle method” has the parties in separate rooms.  The mediator then “shuttles” back and forth between the parties presenting issues and discussing ways to resolve those issues.   

Mediation might seem like a big inconvenience but it can truly be a blessing.  Being a litigant and having a lawsuit or divorce looming over your head is stressful and can run you down.  A mediator had just finished laying out a proposal to one of my clients in a really big civil action but this proposal would have required them to make a compromise or two.  After seeing that my client was reluctant he turned to them and said, “This is your chance to stop being a litigant and move on with your life.”

While this was an obvious statement, it has very profound implications.  Sure you have to make a compromise but you get to stop worrying about the case.  You get to turn your energy to more productive things.  You no longer live in limbo not knowing how the outcome will be, you and your soon to be spouse get an equal say so in how it all goes as opposed to having a complete stranger (a Judge) make a decision without having all the facts.

Sure we lawyers love to think we can lay everything out perfect and we usually get our points across.  But what may seem like an Earth shattering piece of evidence may elicit no more than a shrug from your Judge who has in likelihood seen and heard it all not just once before but gets to hear it at least once a week.

Do I still need an attorney?

Yes!  Divorces are complex and driven by a mixture of facts and law.  Having a lawyer will ensure you’re on equal footing with your spouse.  While mediation may be less formal than Court it is binding in many cases.  Having a lawyer before going to mediation is essential.  Your attorney should be familiar with all aspects of your case before attending mediation.

An agreement reached in mediation may impact you and your children for the rest of your lives.  While more and more couples are attempting to handle their own divorces these days it is a big advantage to have counsel for any piece of litigation.

Call Fendley & Etson at 931-245-4357 for a free initial consultation today or visit us on the web Fendley & Etson. 

AT&T's Sleight of Hand

"No more contracts!"  And thus no more early termination fees.  That's the selling point for AT&T's new "Next" deal right.  It's a great deal, right?  You get new phones every so often, eligible every year or so I think - standard like their old contracts except no upgrade fees.  But wait there's more... when my Wife and I switch we save near $60 a month!  Wow, no contract and it goes down $60 a month.  What a deal... or is it?

No, it isn't that simple.  On the "Next" plan you essentially buy a phone but you enter into what they refer to as an "installment agreement".  We all know what these are, we get the stuff now and make payments.  You pay for your brand new iPhone 5S for the low low price of $25 a month for 26 months, to the tune of $650 plus tax which you have to pay upfront.

Ladies and Gentlemen, in case you don't know that is a contract.  And they have a funny clause under the "Default" provision.  You are required to keep the cell phone active with their service.  Otherwise it is a breach of the contract which they don't want to call a contract they call it the "installment agreement".  But default under that contract and they can compel you to pay the balance of the cell phone... just like an early termination fee.

So essentially AT&T has advertised this big no contracts thing when they are definitely still contracts.  Why are they doing this?  Maybe because the Court system holds early termination fees to be unenforceable and unconscionable.  So AT&T has made a brilliant and elaborate bunch of half truths and out right lies to basically give them early termination fees.  Stroke of genius, the hustler in me applauds this communication giant for finding a way to misrepresent the truth to the masses and take advantage of the public at large to their financial gain.  Good job AT&T, I signed up myself, after all I get a new phone and I save $10 a month on my bill.

The Basics of Big Court

Circuit Court or Criminal Court is often referred to as “Big Court”.  This is where jury trials occur and where you see just who can handle the truth.  This is where a skilled attorney can take a case where a Defendant is facing mandatory jail time and make it all disappear.  This is where the magic happens.  Some lawyers fear to tread here, but to us at Fendley, Fendley, & Hahn it’s just another day at the office.

Hiring a lawyer for Circuit Court is more expensive than General Sessions.  The reason being your attorney should be preparing for a jury trial.  Even if you hope to enter into a plea deal, there’s no way to bargain quite like being ready for a war.   As my Father always says, “I walk around ready.”  That is a maxim all good lawyers would do well to live by.

Here, like in General Sessions you start off with an arraignment.  At that arraignment you or your attorney will be provided with a copy of your Indictment, referred to as a True Bill.  This is what the State brings before the grand jury uses to charge you with a crime.  You can also be charged through other instruments, but an Indictment is most common in Montgomery County.

After that there is a settlement date.  As one with even a limited imagination can surmise, this is an opportunity to enter into a settlement, a plea deal to resolve your case.  Judges here don’t like to extend these dates very often, but there are situations where another settlement date may be set.  This is also the first chance for pretrial Motions to be heard.

Pretrial Motions should be filed as quickly as possible.  Just having them pending can help your settlement position.  And of course if your attorney is moving to suppress evidence, it is always best to have that hearing earlier on if possible.  Whether it is denied or granted will have a serious impact on a case.  It may cause some cases to be dismissed completely, such as in State of TN v. Wesley Nightwine, my first big suppression win (and consequently my first appearance in the Court of Criminal Appeals in Nashville to Defend my win).  That is proof as to how important it is to have pretrial motions filed ahead of time.  But I digress.

Next comes the Trial Conference, another opportunity to settle and also for Hearings on Pretrial Motions.  And then of course the mainstay of the American Justice system, the Jury Trial.  This is where 12 citizens weigh the facts presented by the State and those presented by the Defense, if any are presented, and decide if the State has proven beyond a “Reasonable Doubt” that the Defendant is guilty as charged in the Indictment.  But everyone knows what a jury trial is and that is not really the end of the line for the criminal trial process. 

There can be more after Circuit Court, but this is the Court room that they make movies about.  This is why I went to law school to be a trial lawyer.

Jake Fendley

Attorney at Law

Call 931-245-HELP (4357) to schedule a free consultation or speak with a Clarksville Criminal Defense Attorney.

Fendley, Fendley, & Hahn – Help When You Need it the Most

What to Expect in General Sessions

From Arraignments and Docket Calls to Prelims and Trials

What to Expect in General Sessions

Ah, General Sessions, my favorite Court room, usually…  You can NOT be found guilty here unless you agree to it, usually.  And remember there is usually a “usually” at the end of all statements from lawyers pertaining to the law.  There is an exception to every rule, usually.  But I digress from my intended topic of conversation, General Sessions, the mad house of wheeling and dealing and preliminary hearings.

Now there is nothing to fear but fear itself in General Sessions.  It’s always cheaper to hire a lawyer for this Court (usually) and you can only be convicted of misdemeanors.  And you can only be convicted if you agree to the conviction and start waiving those rights secured by the constitutions of the United States and the great state of Tennessee, usually.  Yes sometimes you can be convicted here without your consent but more on that later.

The criminal procedure in Montgomery County General Sessions starts off with an arraignment.  Now this is easy if you hire a lawyer first, we can get in and out of a 10:30 arraignment before 9:30.  Because we lawyers are just that great, usually.. oh and modest too, usually.

After the arraignment one of two things can occur.  Your case can be set for a docket call or for a trial date.  The trial date is usually not really a “trial” but a preliminary hearing.  Trial is just easier to say and we lawyers know the difference, usually.  Preliminary hearings are discussed in a bit more detail below. 

The Court will grant docket calls when Defendants are in need of more time to retain counsel, that’s the lawyer way to say “hire a lawyer”.  Once you’ve retained counsel or the Court has appointed you an attorney, your case begins to move towards that trial date.

At the trial date and sometimes prior to, your lawyer speaks to the witnesses the State has there to testify which includes the arresting officer, usually.  We defense lawyers talk to the Assistant District Attorneys prosecuting your case to see if there is a chance to come up with an amicable resolution.  These resolutions must be agreed upon by you, so if you don’t like the deal, don’t take it.  But you should probably listen to your lawyer’s advice on what to do.

If no resolution can be reached then we hold a preliminary hearing.  The main issue before a Court on a Preliminary Hearing is whether or not there is probable cause to bind your case over to the grand jury.  Also at the conclusion of your preliminary hearing the General Sessions Judge will have a decision to raise, lower, or keep your bond the same.  Almost all cases are bound over to the grand jury but this is your first chance to confront witnesses against you and is a vital stage in your defense, usually. 

Sometimes an attorney is able to get your charges dismissed in General Sessions Court.  This may seem like a good time to celebrate.  However, even if that rare result is achieved don’t pop the bottles of champagne yet, the State can still move your case forward by going to the grand jury anyways.

But don’t lose heart, General Sessions Court provides you with a good opportunity to resolve your legal woes.  You have a chance to settle your case presuming your convictions can be reduced to a misdemeanor if they aren’t already.  And you have a chance to lock in and discovery testimony which could be used against you or even for your benefit in a jury trial on the crime for which you are undoubtedly wrongfully accused, usually.

Jake Fendley

Attorney at Law

Call 931-245-HELP (4357) to schedule a free consultation or speak with a Clarksville Criminal Defense Attorney.

Fendley, Fendley, & Hahn – Help When You Need it the Most