Many clients who “just want a simple will” are looking for reciprocal wills: They want to provide for their spouse when they die and take care of their minor children if both parents are deceased. Reciprocal wills are separate wills that are mirror images of each other. Generally they provide that if one spouse dies, then
The Fourth Amendment to the United States Constitution and Article I, Section VII of the Tennessee Constitution prohibit unreasonable searches and seizures. What is a reasonable search? A search or arrest without a warrant based upon probable cause is unreasonable unless . . . an exception to this rule applies. There are many types of
The Tennessee Court of Appeals has reasoned that the conviction for a DUI may constitute “unprofessional conduct” and result in sanctions for a physician by the Tennessee Board of Medical Examiners. A Tennessee doctor pled guilty to a DUI in Arkansas and was subsequently placed on probation by the board. In Kleier v. Tennessee Bd.
If you own a home in a newer subdivision, you are likely a party to a binding contract whether you know it or not. In addition to applicable zoning ordinances and subdivision regulations, most subdivision developments provide for limitations or prohibitions on property uses and establish other requirements and limitations on buildings, fences and other
Internet reviews on sites such as Yelp! or Urbanspoon, blog posts, Tweets, etc. are a great source of information for consumers. However, if you’ve had a bad experience with a company (or and individual, for that matter), avoid taking your frustration to the Internet by publishing false information or accusatory allegations. Internet defamation can expose
The Tennessee Secretary of State has made it easier to form a corporation or limited liability company (LLC) online. While companies like LegalZoom have promoted online incorporation services in the past, you now have the option to truly “do it yourself.” The decision as to what type of business entity to create is an important
With the rise of the Internet and many automated services, “identity theft” has become a common concern. Generally defined as the stealing of someone’s identity for financial or other gain, there are a number of different ways and many different channels through which identity theft can happen. Most often this accomplished by obtaining another person’s
Spousal support or “alimony” has been part of divorce law for centuries (yes, centuries). Separate and apart from child support—which is calculated based on certain fixed factors such as number of children, incomes, and parenting responsibilities—alimony may take into account an even wider range of issues, and trial judges are given wide discretion in determining
Most contracts have what appear to be standard provisions or clauses that are often referred to as a “boilerplate.” Often, these “boilerplates” can be problematic for several reasons: Parties to the contact (and sometimes even attorneys) may gloss over these sections as being almost irrelevant to the agreement. One party or another might incorrectly assume
If you spend a lot of time watching television, you’re probably under the impression that most criminal cases go to trial, allowing the accused to be tried by a jury of his or her peers. Surprisingly, this is a much more rare occurrence in the “real-life” legal system. The reality is that almost all criminal cases are plea