|
Tennessee trial attorney; criminal defense, DUI, personal injury (plaintiffs
only), and domestic
relations (divorce, child custody) parental relocation, child abuse/neglect, adoption). |
| Family Law/Divorce | Miscellaneous | 737 Market St., Suite 601 |
| DUI Law | Speeding Tickets | Chattanooga, TN 37402 |
| Criminal Law | Wills/Probate/Estate Planning | 423- 267-4391 Office/267-4394 Fax |
| Personal Injury | Links for TN Trial Attorneys | 423-635-2068 Cell/e-mailjesbeard@usa.net |
Whether you're in trial, or hope to settle your case without one, you deserve someone who will fight for your rights, who isn't afraid to stand up for you in the courtroom. Don't accept anything less than a lawyer who puts your needs first.Personal Background
Licensed in Tennessee State and Federal District Courts; Obtained $2,000,000.00 judgment in personal injury case (Hamilton County Circuit Court case #92CV2426); J.D. 1981, University of San Diego; 1980-81 Regulatory Law Reporter; B.A.1978, Indiana University (Journalism & Economics); Association of Trial Lawyers of America (ATLA); Chattanooga Trial Lawyers; Tennessee Association of Criminal Defense Lawyers; Chattanooga Bar Association; Cyberspace Bar Association; former lobbyist. MORE PERSONAL INFOPractice Areas
Domestic Relations: Divorce, Child Custody, Paternity, Support, Visitation, Adoption, Dependency & Neglect, Child Abuse, Child Molestation, Domestic Violence; Criminal Law: Misdemeanors to Felonies, shoplifting to murder; Traffic Offenses; Driving Under the Influence or Driving While Intoxicated (DUI or DWI); Personal Injury and Wrongful Death; Will challenges (information in the links on Wills and Probate and estate planning is all accurate, but these are really not my practice areas).$$ Fees
I will work with clients regarding payment, but it is impossible to quote a fee without hearing and considering the facts of the case. Criminal matters are generally flat fees, and domestic matters are generally hourly; but my flat fees, retainers and hourly rates all vary according to the case; my hourly rate normally ranges between $145 and $175 an hour, my retainers and minimum criminal case fees usually start at $500. Personal injury cases (and some others) are generally handled on a contingent fee basis -- I only get paid if I get something for you, though you're still responsible for costs. But there is never any charge to initially discuss a matter by phone or to determine if you would be comfortable with me as your attorney. Mastercard & Visa accepted. MORE INFO ON FEES
Here When Needed
If it's an emergency and you need to reach me immediately, simply call. If I'm not in court, the odds are I'm in the office, regardless the hour; if it's urgent, you can also reach me on my cell phone. I'll also accommodate your work schedule for office conferences.Geographic Area
Chattanooga is in Hamilton County, Tennessee, adjacent to Bradley County, McMinn County, Rhea County, Sequatchie County, Bledsoe County and Marion County. I have handled cases in all of them. Chattanooga is also about 120 miles from both Knoxville and Nashville (Knox County and Davidson County) which also makes it possible to handle cases there if needed. Atlanta attorney Mark Hill has similar practice areas in Georgia and associates with this office as needed.Cases In The News
Some of the cases I have handled have resulted in news coverage, including the following:
Arrests of Girls Called `Illegal' 9/1/99 Debtor Jailed Over Fines Wins Reprieve 3/9/99 Jurisdiction Issue in ID For Voter Case 10/30/98 Suit For Police Excessive Force 3/24/2000
Woman Victimized by Con-Man 6/15/2000 Legal Questions & Answers
Most of the links I offer are to pages I have prepared to specifically address Tennessee law in my practice areas. While the law in many of these areas may be the same in other states, all of the information I have prepared at the links below address Tennessee law and Tennessee law only. A few of the links are to web sites prepared by others, either offering general legal information or offering more detail. To make sure you can find your way back to this site, bookmark this page for easy return (hitting Ctrl-D will do it). Return to top of page.(423) 267-4391/(423) 267-4394 Fax/(423) 635-2068 Cell
Family Law/Divorce/Custody/Children
Domestic Relations Client Questionnaire .........................................>>>>>>>>>>>>>>>>>......**under construction**
General Advice (Attorney\Client privilege & general issues) ...............................................See Disclosures on certification of Specialization Link**
General Courtroom Advice
Glossary of Legal Terms ..................................................................... Hamilton County Courts Links
..................................................................................................................Hamilton County Circuit Court Costs as of 10/1/99
General Marriage Links .................. ......................Parenting Classes schedule as of 4/26/00
1A-Common Law Marriage
1B-Age Of Consent/Age To Marry
1C-Kinship Marriage
1D-Why Get Married At All?
1E-Prenuptial Agreements (this link is for practicing attorneys only) .......................................**under construction**Divorce
2-General Divorce Information
2A-Annulment
2AA-Legal Separation
2B-Effect Of Divorce on Children
2BB-Protecting Children During Divorce
2BBB-Children Growing Up Without Father In Home
2C-Parenting Through A Divorce .....................................................................................................****under construction***
2CC-Ten Tips For Divorcing Parents
2D-Single Parenting .............................................................................................................................****under construction***
2E-Can't We Get Divorced Without a Lawyer?
2F-General Courtroom Advice
2G-Surviving Divorce (emotionally, financially, and helping the kids) .......................................****under construction***
2H-How Much Will A Divorce Cost?
2I-Ways To Hold Down Legal Costs
2J-Taking Inventory -- List Assets & Debts
2J1-Inventory Form -- Assets & Debts Worksheet
2J2-Budget Form -- Income & Expenses Worksheet
2J3-Personal Information Worksheet
2K-Divorce Manual & Glossary (from American Assn of Matrimonial Lawyers, long -- download & print for reference)
2L-Divorce Checklist (things to look at even before contacting a lawyer)
2M-Deciding What Issues to Fight in Divorce -- If Any
2N-Most Common Mistakes in Divorce
2O-Can You Prevent the Divorce?
2P-Benefits of Staying Married Ten YearsChild Support/Alimony
3-Tennessee Child Support Guidelines
3A-Child Support Enforcement
3B-Getting Free Legal Help In Collecting Child Support
3C-Raising Or Lowering Child Support
3D-Alimony/Spousal Support
3E-Support When Ex- Won't Work
3F-Help With Medical Insurance
3G-Child Support When Visitation Denied
3H-Parental Alienation Syndrome
3I-Child Support Beyond Age 18
3J-Tax Exemption for a Child (advice of attorney Lawrence D. Gorin of Portland, Oregon)Visitation/Parenting Planning
4-Standard Visitation
4AA-Parenting Planning -- a Whole New World
4AAA-Mediation In Custody/Visitation Cases (FOR ANY CASE WITH MINOR CHILDREN!!)
4AA0-Mediation Costs Schedule (Hamilton County)
4AA1-Parenting Planning Forms -- Temporary Plan
4AA2-Parenting Planning Forms -- Permanent Plan
4AA3-Parenting Planning Forms -- Permanent Plan Content
4AA4-Annual Income Report Form
4A-Visitation When Child Support Not Paid (and other reasons child support denied)
4B-Changing Visitation Schedule -- Petition To Modify Visitation
4C-Enforcing Visitation
4C1-Can The Child Refuse To Go On Visitation?
4D-Grandparent Visitation
4E-Rights of Non-Custodial ParentsPaternity
5-Tennessee Paternity Rules
5A-Biological Father's Rights to Children Born Outside of MarriageChild Custody
6B-Advice In Seeking Child Custody
6-Child Custody Factors In Divorce
For All Custody Cases, See Also Mediation And Parenting Planning Link Under Visitation Above
6A-Child Custody Factors In Non-Divorce Cases
6AA-When Can A Child Decide Who They Live With?
6C-Smoking As Factor In Child Custody
6D-Joint Custody
6E-What Is Needed To Remove A Child For Abuse Or Neglect
6EE- The Reality of Child Protective Services
6F-What To Do If Accused of Child Abuse or Neglect
6G-Can You Control Custody of Your Child If You Die?
6H-Changing Custody -- Petition To Modify
6I-Child Abuse or Molestation
6J-Hamilton County Parenting/Divorce Class Schedule
6K-Gay Parents And Child Custody .............................................................................................**under construction**
6L-Parental Right of Access to School RecordsMediation
7-Tennessee's Divorce Mediation RulesMarital Property/Debt
8-Property Division in Divorce (including division of marital debts)
8A-Discovery of Assets -- An Expensive Process
8B-Responsibilty For Debts Of SpouseName Change
9-Name Changes
9A-Name Change For ChildChild Abduction
10-How To Avoid Child AbductionAfter Divorce -- Moving, Will Revision
11-Moving With Children After Divorce
11A-After Divorce -- Revise Your Will!Dealing With Teenage Children
12-What Is Your Liability For Your Child's Actions?
12A-Drug Use By Children/Punishment of Parents
12B-Non-legal Parenting Advice for Dealing With Teenagers
12C-Rights Of Juveniles Who Are Arrested
12D-Hamilton County Juvenile Court Website -- what to expect, definitions, explanation of officesRelationships Other than Traditional Marriage
13-Living Together Agreements
14-Gay "Marriage"
14A-Gay Parents And Child Custody (same as 6K above)Adoption
15-General Adoption Information
15A-How to Get the Government to Pay for Your AdoptionRecording Conversations
16-Tape Recording ConversationsWhen Others Care for your Children
17-Durable Power of Attorney for Child Care Information
17A-Durable Power of Attorney for Child Care FormDepostions
18-Depositions
18A-General Courtroom AdviceDomestic Violence
19-Spousal Abuse/Domestic Violence
19A1-Protective Orders
19A-Suing for Spousal Abuse (or abuse by anyone else)
19B-Domestic Violence Education/Resource Manual (link to Hamilton County prosecuting attorney's office site)
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DUI Cases See Disclosures on certification of Specialization Link**
General Advice (Attorney\Client privilege & general issues)
General Courtroom Advice
20A-DUI Client Information Form .......................................................................................................**under construction**General DUI Information
20-DUI Penalties
20AA-Frequently Asked Questions On DUI
20B-Glossary of Legal Terms
21-General DUI Information ..................................................................................................................**under construction**
21A-Special DUI Concerns for Underage Drivers
21AB-Legal Problems of Drinking Under Age Even When Not Driving
21B-Open Container Law
21C-Driving on Revoked
21D-How DUI Can Be Charged When You're Not Even Driving
21E-Field Sobriety Tests
21F-What Would I Do (as a DUI attorney) If Stopped For DUI?
21G-Representing Yourself In DUI Cases
22H-Women and Alcohol
21I-Breathalyzers Lack Scientific Legitimacy
21J- The Truth About Drunk Driving -- Government And MADD Grossly Overstate Dangers
21K-Habitual Offender LawDUI Defenses & DUI Stops
22-DUI Defenses -- an Overview
22AA-Rising BAC Defense
22A-Why Did They Stop You? -- General Guide to Reasons for DUI Stops
22B-Clues Leading to Arrest After Stops -- And Ways to Deal with the Clues
22C-Humor.... If Stopped for DUI.... Don't Try This
22D-Humor.... Top 12 Things Never To Say To A Police Officer
23-13 Tips To Avoid DUI Conviction In Tennessee
23A-Improper Field Sobriety Tests Inadmissable Even for Probable Cause -- NOTE this is an Ohio decision24-State By State Listing of Dept of Public Safety Offices And How To Check Record Nationwide
(National Drive Register)Help For Alcohol Abuse
26-Getting Treatment -- Will It Help Your Case?
26A-Do You Have a Drinking Problem? (Alcohol Self-Assessment Test)
26B-Alcoholics Anonymous
26C-Online AA Resources
26D-More AA Links
26E-Alcoholism Help Other Than AA
26F-More Alcoholism Help Other Than AA
26G-Rational Recovery, an Anti-AA Organization Premised on Self-Help
26H-Habit Smart -- Information on Addictions, TreatmentDetermining True Blood Alcohol Level
27-The Drink Wheel -- Calculating Your Blood Alcohol Level
28-Free Downloadable Software To Calculate Blood Alcohol Level
28A-Government Guidelines for Estimating Blood Alcohol Level (from NHTSA)
28B-BAC Calculator Offered By University of Oklahoma Police Department (online calculations)
28C-Alcohol Impairment Chart -- for Simple Rough Estimate of Probable BAC LevelSpeeding Tickets
29-Speed Trap Registry
29A-Police Traffic Radar -- Facts, Physics, and Fantasy
29AA-Losing License To Drive On Points
29AB-How To Beat A Speeding Ticket (courtesy of California attorney Norman Fernandez)
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Criminal Law See Disclosures on certification of Specialization Link**
General Advice (Attorney\Client privilege & general issues)
General Courtroom Advice
300-Criminal Case Client Information Form ................................................................................**under construction**The Process/Definitions
30-You're Arrested -- What's Next?
30A-Glossary of Legal Terms
30B-General Criminal Law (reserved)
30C-Criminal Procedure (reserved)
30D-BailCrime & Juveniles (against and by)
31-What To Do If Accused of Child Abuse or Neglect
31A-Rights Of Juveniles Who Are Arrested
31B-Punishing Parents For Child's Drug UseRepresentation in Court/Attorneys/Representing Yourself
32-Do You Need An Attorney If You Are Innocent?
32A-Court Appointed Attorneys/Public Defenders
32B-When Should You Get Your Attorney?
32C-Representing Yourself in a Criminal Case
32D-Tape Recording Conversations
Your Right To Counsel (same as link 34 below)Sentencing
33-Tennessee Sentencing Guidelines
33A-Plea BargainingStops, Searches & Arrests & Miranda
34-"Miranda Warning" -- What If The Officer Fails To Advise Of Your Right To An Attorney?
35-What To Do If Stopped or Questioned By Police
35A-Search and Arrest Warrants -- When Can Police Legally Search Your Home?
35B-Arrest Warrants -- When Can Police Legally Arrest You Without a Warrant?
35C-When Can Police Legally Search You Personally or Your Car?
35D-Can Police Stop Your Car For No Reason?Criminal Charges Against Innocent Defendants
36-Erasing Old Records Of Criminal Charges
37-What Can You Do If Falsely Accused of a Crime?
38-Abusive Prosecuting Attorneys (investigative news reports on prosecutorial abuses!)
38A-Abusive Prosecuting Attorneys At Federal Level (another investigative news report)
39-Limitations of Eyewitness Testimony
39A-Federal Study On Limitations of Eyewitness Testimony(1999 DOJ study)
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Personal Injury See Disclosures on Certifiication of Specialization Link *
General Advice in Personal Injury Cases (non-courtroom)
General Courtroom Advice
40Glossary of Legal Terms
40A-Personal Injury Client Information Form................................>>>>>>>>>>>>>>>>>>>..............**under construction**What To Do After Your Injury
41-What To Do Immediately After a Personal Injury Auto Accident
41A-Later -- What To Do In Weeks After a Personal Injury
41B-Accident Report Checklist (print out and carry in your car)Determining Damages And Dealing With Insurance Companies
42-Is The Owner of a Car Liable for Damages in an Accident?
43-How Much Is Your Case Worth?
44-Why Not Settle Directly With The Insurance Company?
44AA-How About At Least Talking With the Insurance Company First?
44A-Independent Medical Examinations (IME's)
44B-The Problems of Structured Settlements
44C-Insurance Industry Bad Faith (See what a former State Farm Claims Adjuster Says About Her Company)
44D-Settlement FactorsWhat Is The Law On Personal Injury?
44E-Special Concerns About Stairs
44F-Slip or Trip and Fall Accidents
44G-What is Negligence?
44H-Punitive Damages
44I-Business Liability For Criminal Attacks on PremisesPreparing The Case For Trial
45-Tape Recording Conversations
46-Limitations of Eyewitness Testimony
47-Depositions48-The Other Side of the Story - Truth on McDonald's hot coffee case and other "notorious" cases.
49-Help For Victims of Violent Crime
49x-Personal Injury & Wrongful Death
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Wills/Probate/Estate Planning
50-Wills -- Questions & Answers See Disclosures on Certifiication of Specialization Link***
50A-Estate Planning Client Information Form.............................................>>>>>>>>>>>>>>>>>>.**under construction**
50B-Wills on the Web: Famous People's Wills
50C-Preparing Your Own Will
51-Can You Help A Parent Too Much In Preparing A Will?
52-What Happens If You Die Without a Will?
53-Can You Control Custody of Your Child If You Die?
54-Probate (what it is, its benefits and drawbacks)
54A-How to Avoid Probate (alternatives to Wills)
54B-What To Do If You're An Executor Or Administrator
54C-Taxes on Death -- And How to Reduce Them
55-Challenging a Will
56-Living Wills
56A-Ten Myths About Living Wills
57-Living Trusts
57a-Trusts in General
58-Durable Power Of Attorney
59-Durable Power of Attorney for Health Care
59a-Guardianships (caring for the disabled)......................................................................................................**under construction**
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Links for Tennessee Trial Attorneys
(all the links below to various court rules can be downloaded to your hard disk for future use without the delay experienced over the internet -- by using any of the various programs that will download and duplicate a website on your own disk, you can even maintain the internal links; you can download a site ripper at most shareware sites under listings for offline browsers, including the site at http://www.davecentral.com/offline.html -- 2 good rippers are BlackWidow and Teleport Pro)
60-Reserved for Forms
61-How To Complain About A Judge in Tennessee (not Federal Court)Rules of Professional Responsibility
61A-Code of Professional Responsibility
61A1-Disciplinary Enforcement of Code of Professional ResonsibilityCivil
62-Tennessee Rules of Civil Procedure
62A1- Hamilton County Circuit Court Rules
62A2- Hamilton County Chancery Court Rules
62B-Tennessee Pattern Jury Instructions for Civil Cases
62C-Hamilton County Sessions Court Costs as of 3/23/99
62CC-Hamilton County Circuit Court Costs as of 10/1/99
62ChC-Hamilton County Chancery Court Costs as of 10/1/99
62D-Davidson County Local Rules of Practice (Civil and Criminal & Sessions & Juvenile Court)
62Da-Davidson County Civil Court Dockets (Circuit/Probate/Probate/Sessions)
62Db-Davidson County Chancery Court Dockets
62K-Knox County Local Rules of Practice (Civil and Criminal & Sessions & Juvenile Court)
62S-Shelby County Local Rules of Practice (Civil and Criminal & Sessions & Juvenile Court)Criminal/Juvenile/Evidence
63-Tennessee Rules of Criminal Procedure
63A1-Hamilton County Criminal Court Rules
63A2-Hamilton County Criminal Court Bonding Company Rules
63A3-Tennessee Pattern Jury Instructions for Criminal Cases
63A4-Hamilton County General Sessions Court Criminal Division Case Records
63D-Davidson County Local Rules of Practice (Civil and Criminal & Sessions & Juvenile Court)
63Da-Davidson County & Nashville Criminal Court Dockets (Criminal Court and Sessions Court)
63J-Tennessee Rules of Juvenile Procedure
63K-Knox County Local Rules of Practice (Civil and Criminal & Sessions & Juvenile Court)
63S-Shelby County Local Rules of Practice (Civil and Criminal & Sessions & Juvenile Court)
63X-Tennessee Sentencing Guidelines (same as link 33 above)
63Y-Federal Sentencing Guidelines (manual and amendments)
64-Tennessee Rules of EvidenceCode & Tennessee Constitution
65-Tennessee Code (link goes to LexisLaw)
65A-Tennessee Constitution
65B-Chattanooga City Code
65BB-General Source for Municipal Codes Nationwide
65C-Uniform State Laws & Model Codes
65D-UCC, hypertext version of Uniform Commercial Code
66E-Topical Index of Statutes for all 50 States
66F-Complete State Codes for all 50 StatesAppellate Decisions & Procedure
66-Tennessee Court Opinions
66A-Tennessee Rules of Appellate Procedure
66B-Rules of the Court of Appeals of Tennessee
66C-Rules of the Court of Criminal Appeals of TennesseeFederal
67-United States Code(including search engine)
67A-Downloadable U.S. Code Titles (download an entire title in ZIP format)
67B-Code of Federal Regulations
67C-Federal Sentencing Guidelines (manual and amendments)
68-Federal Court & U.S. Supreme Court Decisions
68A-United States Constitution
68A1-Federal Rules of Civil Procedure
68A2-Federal Rules of Criminal Procedure
68A3-Federal Rules of Evidence
68B-E.D. Tennessee Local Rules (Federal)
68C-W.D. Tennessee Local Rules (Federal)
68D-M.D. Tennessee Local Rules (Federal)Historical (links in this section have no practice significance... but are interesting or amusing nonetheless)
68AA-Missing 13th Amendment?
68AB-Declaration of Independence
68AC-Declaration And Resolves of First Continental Congress
68AD-Magna Carta
68AE-Justice Joseph Story's Commentary On The Constitution69-Jury Questionnaire -- actual questionnaire from O.J. Simpson case
69A-Jury Nullification -- the Fully Informed Jury Association (FIJA) (what is the jury's role? link to freedomlaw)
Return to top of page.Continuing Legal Education
69B1-Tennessee Commission on Legal Education -- links to all upcoming Tennessessee CLE courses
69B2-CLE courses available on-line as offered by CLE Online
69B3-CLE courses provided by TRT (approved for Tennessee)
69B4-General links to CLE course seminars
69B5-National Business Institute_______
Miscellaneous
70-Handguns -- Getting Concealed Carry Permit
71-Legal Dictionary (legal terms defined)
72-Representing Yourself In General Sessions Court in Non-Crimnal Cases
73-How To Complain About A Judge in Tennessee (not Federal Court)
74-Jury Nullification -- the Fully Informed Jury Association (FIJA) (what is the jury's role? link to freedomlaw)
75-Zip Code Finder
Return to top of page.Tennessee Statutes Included in this Site: (listing under construction)
For comments or questions, click here to reach me by e-mail. (But remember that even though information you send is protected by attorney client privilege, since you are seeking legal advice, the fact that you send a question or even if I respond, does not create an attorney-client relationship. Do not consider me as your attorney or representing you or expect me to appear for you in court unless you have come in to my office, spoken with me in person, signed a written Representation Agreement, and paid me an agreed fee. There are many cases I do not take, so it is important to remember sending an e-mail does not mean I represent you.)
(423) 267-4391/(423) 267-4394 Fax/(423) 635-2068 Cell
This is presented as general legal information on the law in Tennessee and the local court environment as existing when this was written late in 1997 thru late in 1999, but it's impossible to give meaningful legal advice for your specific situation without ever speaking to you. Under no circumstances should this be taken as reflecting the law anywhere outside of Tennessee (it might be the same.... but it might not). Please also remember that every situation is unique, and that the law constantly changes. General information setting out the law at a given point in time is not the same as specific advice at the time your problem arises.
Before offering advice for you individually, I'll need to talk with you directly so I can ask questions to develop the relevant facts. I would be happy to schedule an office appointment to discuss your questions in detail. See Disclosure on Non-Representation Link
Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law and Estate Planning. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.
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