Saturday, July 4, 2009
Business Litigation: From ~ $4M to less than $1M
Whitaker Law recently completed a complex business litigation in which a client was able to pay less than $1 million on a bank note for nearly $4 million. The terms of the case and settlement are confidential but the client is extremely pleased with the outcome.
What Makes Your Case Turn Out Well?
There are several things I have observed that get you better results in law. Now, these may not seem particularly profound since they are likely to be the same things that make for success in other professions. But here is my list:
1. Attention to detail--law is a lot about the details. Details matter in law. Attention to detail is important.
2. Organization--law has a lot of documents. It is important to stay organized.
3. Getting along with people--law is a people business and it helps to be able to get along with judges, opposing counsel, witnesses, etc.
4. Hard work--more effort on a case usually means better results. Law is hard work. Many people simply do not want to walk that extra mile.
The bottom line is that when you go to a "law mill" the chances that a lot of attention and effort will be exerted on a particular case may be low. Be careful. Who you pick really matters.
1. Attention to detail--law is a lot about the details. Details matter in law. Attention to detail is important.
2. Organization--law has a lot of documents. It is important to stay organized.
3. Getting along with people--law is a people business and it helps to be able to get along with judges, opposing counsel, witnesses, etc.
4. Hard work--more effort on a case usually means better results. Law is hard work. Many people simply do not want to walk that extra mile.
The bottom line is that when you go to a "law mill" the chances that a lot of attention and effort will be exerted on a particular case may be low. Be careful. Who you pick really matters.
What is Bankruptcy Anyway?
Bankruptcy comes in two (2) primary forms for the individual: Chapter 7 and Chapter 13.
Chapter 7
The goal of the chapter 7 bankruptcy is to provide a fresh financial start for debtors who have unsecured debts that they can't realistically hope to repay. In most cases, a Chapter 7 bankruptcy filing immediately stays (stops) collection efforts. With a few specific exceptions, that means no more telephone calls, no more threatening letters, no repossession action, no foreclosure, no law suits, no utility disconnections, and no wage garnishment. The debtor is required to complete a pre-filing Credit Counseling Briefing and a pre-discharge Debtor Education Course.
Chapter 7 eliminates debts but may require a disgorgement of assets, depending on how well of the individual is. While Chapter 7 eliminates debts it may have severe financial implications, particularly if you have a lot of assets or funds. You must pass a means test to qualify for Chapter 7 protection.
Chapter 13
Chapter 13 bankruptcy allows a debtor to make payments on outstanding debt over a period of up to 60 months. Like a Chapter 7, the debtor is required to complete a pre-filing Credit Counseling Briefing and a pre-discharge Debtor Education Course. Furthermore, the Chapter 13 bankruptcy process requires completion of various schedules and petitions and can be a complex procedure. Therefore, it is important to choose a bankruptcy attorney who has the experience, compassion, and work ethic to see you through the process. A Chapter 13 is up to a five (5) year trek and the attorney may be required to re-enter the case years after filing if your income status changes.
The primary difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy is the repayment plan in a Chapter 13 bankruptcy case. The repayment plan commits the disposable income of the debtor to regular scheduled payments over a three to five year period. Chapter 13 frequently allows debtors to keep their home which may or may not be lost in a Chapter 7 (depending on the debtor's amount of home equity). Chapter 13 also has a means test for the debtor to qualify.
Chapter 7
The goal of the chapter 7 bankruptcy is to provide a fresh financial start for debtors who have unsecured debts that they can't realistically hope to repay. In most cases, a Chapter 7 bankruptcy filing immediately stays (stops) collection efforts. With a few specific exceptions, that means no more telephone calls, no more threatening letters, no repossession action, no foreclosure, no law suits, no utility disconnections, and no wage garnishment. The debtor is required to complete a pre-filing Credit Counseling Briefing and a pre-discharge Debtor Education Course.
Chapter 7 eliminates debts but may require a disgorgement of assets, depending on how well of the individual is. While Chapter 7 eliminates debts it may have severe financial implications, particularly if you have a lot of assets or funds. You must pass a means test to qualify for Chapter 7 protection.
Chapter 13
Chapter 13 bankruptcy allows a debtor to make payments on outstanding debt over a period of up to 60 months. Like a Chapter 7, the debtor is required to complete a pre-filing Credit Counseling Briefing and a pre-discharge Debtor Education Course. Furthermore, the Chapter 13 bankruptcy process requires completion of various schedules and petitions and can be a complex procedure. Therefore, it is important to choose a bankruptcy attorney who has the experience, compassion, and work ethic to see you through the process. A Chapter 13 is up to a five (5) year trek and the attorney may be required to re-enter the case years after filing if your income status changes.
The primary difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy is the repayment plan in a Chapter 13 bankruptcy case. The repayment plan commits the disposable income of the debtor to regular scheduled payments over a three to five year period. Chapter 13 frequently allows debtors to keep their home which may or may not be lost in a Chapter 7 (depending on the debtor's amount of home equity). Chapter 13 also has a means test for the debtor to qualify.
What Happened to Customer Service?
If you are like me you find yourself regularly frustrated when you call the phone company, your credit card company, the cable company, or a government agency.
After being on what seems like an endless hold you may then find yourself routed into back into the voicemail system again. How does this happen?
One obvious, but admittedly unpleasant, answer was told to me by a consultant who helped design customer service systems. They do not want to talk to you! They intentionally design a maze of voice prompts to confuse and frustrate you so you will give up. It is intentional.
At Whitaker Law we strive to give the best possible customer service. Please let us know if we are not doing so.
After being on what seems like an endless hold you may then find yourself routed into back into the voicemail system again. How does this happen?
One obvious, but admittedly unpleasant, answer was told to me by a consultant who helped design customer service systems. They do not want to talk to you! They intentionally design a maze of voice prompts to confuse and frustrate you so you will give up. It is intentional.
At Whitaker Law we strive to give the best possible customer service. Please let us know if we are not doing so.
New Office Location
We have moved our offices to serve you better. We are now located at:
121 Prosperous Place, Suite 6B in Lexington, Kentucky.
This new location should make it more convenient for clients to have easy parking and avoid downtown traffic. Here is a Google Map link:
http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=121+Prosperous+Pl,+Lexington,+KY+40509&sll=37.967952,-84.492996&sspn=0.007375,0.01929&ie=UTF8&ll=38.003146,-84.447441&spn=0.014744,0.054932&z=15
121 Prosperous Place, Suite 6B in Lexington, Kentucky.
This new location should make it more convenient for clients to have easy parking and avoid downtown traffic. Here is a Google Map link:
http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=121+Prosperous+Pl,+Lexington,+KY+40509&sll=37.967952,-84.492996&sspn=0.007375,0.01929&ie=UTF8&ll=38.003146,-84.447441&spn=0.014744,0.054932&z=15
Recent Personal Injury Clients
Client A
Client A is a woman approximately 50 years old who was riding her motorcycle across a bridge in Central Kentucky. She wrecked. Further investigation showed the bridge was not properly maintained by the contractor. We settled for six figures after several months of negotiation.
Client B
Client B is a mid-30s man who was rear-ended at a stoplight. He suffered lower back pain. We settled for six figures the week before a trial was scheduled.
Client A is a woman approximately 50 years old who was riding her motorcycle across a bridge in Central Kentucky. She wrecked. Further investigation showed the bridge was not properly maintained by the contractor. We settled for six figures after several months of negotiation.
Client B
Client B is a mid-30s man who was rear-ended at a stoplight. He suffered lower back pain. We settled for six figures the week before a trial was scheduled.
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