By: Ben Robinson This article first appeared in the August 2022 edition of CLM Magazine, and can be found on their website here. In the defense of personal injury cases, traumatic brain injuries (“TBIs”) are often alleged to have occurred, but TBIs sometimes can be difficult for plaintiffs to prove despite sophisticated medicine, neuropsychological […]
By Jonathan A. Griffith Previously published by The Alabama Lawyer. Many attorneys love the idea of connecting a loving family with a child in need of a forever home, but are intimidated by the adoption process. This article is designed to help those lawyers. Overview – Statutory Nature of the Adoption Process The adoption […]
By William A. Ratliff Whether it’s written or oral, communication is the legal profession equivalent of blocking & tackling — and it comes naturally to most attorneys. I suspect most of us would grade ourselves pretty highly on our communication skills. That said, I have to wonder if we’re intentional enough about what we […]
Excerpted from Previous Articles by Rick Bragg and Richard T. Davis History really was made here, in the college town of Starkville, Mississippi, not far from the Alabama line. One of the last unwritten taboos in college sports really was busted here, amid the darkpine barrens and clear-cut timber and nowhere roads, when Sylvester Croom was […]
By Robert L. Loftin There are many options with estate planning, and people often ask about living trusts as an alternative to a will in order to avoid probate, avoid broad tax and creditor liability, high expense, or family feuding. (We’ll talk about avoiding probate another time.) A living trust (some “high brow lawyers” like to […]
By Richard T. Davis Some years ago, I was visiting with a retired coach who had been the head football coach at a major athletic program in the south. We were talking about the highs and lows of his career, as well as things he would do differently if he had it to do over. […]
By William A. Ratliff Have you ever been involved in a mediation that ended before it started? I have. I don’t mean literally, but I do mean one that never gets past the first round of demand and offer. In one sense, conducting a mediation is like flying a plane: It’s not going anywhere if […]
By William A. Ratliff “You’ve got to know when to hold em, know when to fold em.” –Kenny Rogers For most people, risk is a four-letter word. It’s something lawyers deal with every day. You’re paid to minimize, evaluate, and know when risk is worth taking. When you draft a contract, your client expects you […]
By William Stewart & Tom McKnight “There are multitudes of businesses, but few professions.” So declared the Alabama Civil Court of Appeals in a decision from 1980. Generally speaking, professionals are exempt from the acceptable restraints of non-compete agreements as governed by Alabama’s restrictive covenant law. Yet who counts as a professional in the state? […]
By Matthew S. Hale Who loves paying taxes? Not you? We don’t either. Yet President Joe Biden has proposed a top federal tax rate of 39.6 percent on long-term capital gains and qualified dividends. Factor in average state taxes and a 3.8 percent federal surtax, and the wealthiest Americans could face a tax […]
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