HCH August 6 2010 Legal - Chattanooga Bar Association

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2 Friday, August 6, 2010 HAMILTON COUNTY HERALD Difficult, unpredictable and challenging sport is a winner By M. Ernest Marshall Golf is a strange game, particularly, to those who don’t understand it. One must ask why so many people want so desperately to play the game as often as possible. With little thought, at least ten reasons emerge for this: 1. Golf is a very difficult game. If it were easy, there would be little interest in it. While every other sport has its “natural” athletes – those born to excel by virtue of their physical attributes – there are no “natural” golfers. Everything about the golf swing is “unnatural.” Thus, everyone of every shape and size must learn the game and practice constantly in order to play well. On the other hand, since no one is born knowing how to play golf, your chance of being great at the game is as good as anybody else’s chance. That’s good news for peo- Did you know that there are new rules governing the fees and penalties that credit card companies can charge you? The provisions in the Credit Card Accountability Responsibility and Disclosure (CARD) Act of ple who don’t have the physical attributes of, say, a basketball or football player. 2. Golf is unpredictable. No matter how badly you play today, you can play better – or worse – tomorrow. Performance is governed by so many variables. One must not ignore the fact that every course is different – demanding different golf skills and strategies. This is unlike other sports. Football, soccer, rugby, baseball and tennis are played on flat fields of a prescribed size. Every golf hole is different – different lengths, different elevations, different hazards. The course itself adds to the challenge – and, ultimately, the fun – of golf. 3. In general, golf courses are beautiful, peaceful places to spend four to four and a half hours. They’re not places to bring your troubles. In fact, most people feel guilty about bringing their workplace ore relationship 2009 should save consumers at least $10 billion a year, according to the Pew Foundation. The Tennessee Society of CPAs explains why the changes are important and offers some advice on dealing with credit cards. problems to golf courses, because they don’t want to mar the setting. Therefore, they develop a strong philosophic approach to golf and find ways to control their frustrations – or, at least, save them for another place and time. 4. In golf, there is no perfect score. There is no score to which the golfer can aspire in order to claim that he or she has mastered the game. Lacking such a benchmark, golf is about improving. No matter how much the golfer improves his or her game – even if the golfer reaches the professional level – there is always room for improvement. That can be appealing, and even addictive, for perfectionists. 5. Golf is a sport rich in history and full of tradition. The golfer who approaches the game seriously and philosophically will acquire a feeling that he or she has formed a bond A response to consumer concerns In recent years, many consumers have complained that it has become more and more difficult to understand how many credit card deals work, since companies sometimes seemed to raise their rates without notice or imposed surprise fees on bills paid even a few hours late. Consumers felt the contract terms were often not satisfactorily explained or were difficult to understand. New disclosures The new rules are intended to change all that. For example, with some exceptions, the terms that you agree to when you sign up for a card must stay in place for at least one year, and even promotional rates for new account holders must last a minimum of six months. Once the credit card company raises rates, it can only apply them to new charges for cardholders in good standing. Rates cannot be applied retroac- with everyone who has ever played the game. Every golfer shares the same struggles, defeats and joys. Being a golfer is, in a sense, like becoming a member of a tribe and gaining a sense of belonging. 6. In golf, how one plays the game is the responsibility of the individual. Unlike team sports, there are no substitute players. The individual golfer must play every stroke without assistance. Even something as simple as seeking advice on club selection from another player is forbidden by the rules and carries with it a penalty. No one can interfere with the golfer’s play. With every shot, the golfer has an unimpeded opportunity to make a successful play or to botch it. Ultimately, that’s a good thing, because golfers feel empowered to make (hopefully) good decisions on their own. Every golfer is alone in the game, tively to existing balances, and your payments must be applied to your highest interest-rate balances first. In addition, payment due dates must be clearly indicated and consistent from month to month, and the bill must be sent at least 21 days before the payment deadline. Consumers will be told when they’re about to exceed their credit limit, enabling them to avoid overlimit fees. Knowing where you stand It should also be somewhat easier to understand your credit situation. Your monthly statement will now include information on how long it will take you to pay off your outstanding balance if you pay only the minimum due and how much you will pay in interest versus what you will pay if you pay off your debt in three years. These disclosures may be a valuable wake-up call for many consumers who don’t realize what their outstanding balances are costing them. Just say no When credit card compa- but being alone in golf is not a matter of loneliness. Every player is alone with his or her own thoughts and actions. There is no referee in golf. Each player is responsible for playing by the rules and monitoring his or her own mistakes. Players who adhere to the rules are considered to be honorable. Players who violate the rules, even when unobserved, are considered dishonorable and not worthy of the game. For these reasons, golf is a metaphor for life. How one plays golf is likely to be a reflection of how one lives his or her life. The question, then, isn’t so much why do people play golf. The question really is: why doesn’t everybody play the game? M. Ernest Marshall is a retired medical oncologist and author of Wintering Into Wis- dom (PathBinder Publisher). Visit his website at www.mernestmarshall.com. v New credit card rules and what they mean to your monies future L A W Y E R S P R O F E S S I O N A L L I A B I L I T Y V e r y C o m p e t i t i v e R a t e s • Zero deductible available • Choice of claims expenses—inside or outside the limits • Coverage available up to $20 million • Endorsed by the Chattanooga Bar Association IPSCO has provided professional liability insurance to attorneys since 1956. Our extensive experience, market access to 13 admitted and several non-admitted carriers, plus very competitive rates make IPSCO a great choice. Contact us today! IPSCO IPSCO IPSCO Insurance Insurance Planning Planning & & Ser Service Ser vice Company Company, Company , Inc. Inc. Inc. SUPERIOR SERVICE • SUPERIOR SOLUTIONS 423.629.2400 423.629.2400 1089 Bailey Ave • Chattanooga Website IPSCOlawyers.com Email lawyers@assoc-admin.com Miller & Martin has assembled a Financial Reform Act Task Force to keep the marketplace apprised of key issues surrounding the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The multidisciplinary Task Force is comprised of attorneys from across the firm’s practice areas who are focused on analyzing this historic legislation and communicating the significant business implications for financial institutions and other companies nationwide that will surely arise out of the new law. “Financial institutions of all types and sizes and other businesses must prepare to adapt to this shift in U.S. banking, capital markets, insurance, corporate governance and consumer protection. This law and the implementing regulations that will follow will make fundamental changes in the operation of both depository and non-depository financial institutions,” said Wayne Hood, Of Counsel with the firm and co-leader of the Task Force with firm Member, Lance Bridgesmith. “We are drawing on strengths in many areas of the firm so that we can assess and quickly communicate the critical implications for our clients.” Miller & Martin’s Task nies are set to raise rates or impose a new fee, they must now ask customers in advance if they will accept the new terms or would like to cancel the account before those increases go into effect and pay off their balance at the old “lower” interest rates. In the past, some consumers only realized months later that their rates had been raised, but you can now opt out of any unattractive deals. Read your mail Even though the new law contains many consumer protections, it’s still important to be alert to changes in the contract terms that could cost you money. That should be easier to do, because your credit card company in most cases must now let you know 45 days in advance before it can raise its interest rates, charge you certain fees or implement other significant changes. Source: The Tennessee Society of CPAs v Miller & Martin rolls-out Financial Reform Act Task Force HCH Hamilton County Herald University Tower 651 East 4th Street, Suite 100 Chattanooga, TN 37403 The Hamilton County Herald is available for $15 a year. Call 800-420-5103 now! Force draws from multiple practice groups, including general corporate, private equity, mergers and acquisitions, securities and financial institutions. The attorneys will be tracking various aspects of the law as the rulemaking process evolves, and the team will educate clients through alerts, webinars and seminars focused on specific areas of the legislation tailored to the interests of individual client groups. Task Force members include attorneys Alison Boyer, Lance Bridgesmith, Clint Cromwell, Katie Edge, Dan Elrod, Tyler Hand, Clif Henry, John Henry, Wayne Hood, Kevin Kennealy, Mike Marshall, Scott McGinness, Drew Oldham, Hugh Sharber, Beth Sims, Adam Smith and Sarah Tally. For more information about Miller & Martin’s Task Force or to view Title summaries, please visit http://www.millermartin.com/ FinancialReformMonitor.htm. Source: Miller & Martin PLLC v
HAMILTON COUNTY HERALD Friday, August 6, 2010 3 under analysis By the Levison Group Mark Levison Charles Kramer Spencer Farris Michelle St. Germain I enjoyed a Major League baseball game getaway from the Levison Towers this week. What could be better than watching million dollar men play a game I loved as a child, while enjoying $9 beverages and $5 hotdogs? This is just what Mr. Doubleday imagined, I am sure. Even in the heat, a day at the ballpark beats working. Of course, if I spend an afternoon at the ballpark, my voicemail, email and actual mailboxes overflow in my absence. If I could capture just one tenth of the time all the electronic devices are supposed to be saving me, I could retire early. Electronics have changed the legal world, making every day a work day, every place a workplace – a billable workplace. I killed two birds with one stone at the ball park, unclogging my email box while I clogged my arteries. Perhaps I should have stopped at one hotdog. As a continued service to you, Gentle Reader, here are a few answers to reader email: Mr. Lawyerman, What kind of trouble will I get in for pirating music from the Internet? Those warnings on the movies I rent are very scary, and the ones on music CDs keep me awake at night. Signed, I Wanna Take a Nap(ster.) Armstrong and Fisch co-author “The E-Myth Attorney” Attorneys nationwide have long looked to Robert Armstrong and Sanford M. Fisch as pioneers in law firm practice management. Now, with the publication of “The E-Myth Attorney: Why Most Legal Practices Don’t Work and What to Do About It,” Armstrong and Fisch are showing attorneys everywhere exactly how to build a successful legal practice while enjoying a balanced life. Armstrong and Fisch, co-founders of the American Academy of Estate Planning Attorneys, Inc., co-authored “The E-Myth Attorney” with small business expert Michael Gerber, author of “The E-Myth: Why Most Businesses Don’t Work and What to Do About It.” Though the authors are estate planning attorneys, the principles they lay out in “The E-Myth Attorney” can be used to build a thriving legal business regardless of practice type or law firm size. “This is a NOW read for attorneys. Gerber, Armstrong, and Fisch hit the mark by applying E-Myth principles to the legal profession,” stated Larry V. Parman of Parman & Easterday. “The attorney’s unspoken fear is, ‘What happens if I’m not here?’ [The E-Myth Attorney] is a roadmap for creating systems that make a business out of a practice, one that works for you, not you for it. ... Live and apply these principles and watch what Hey Mr. Lawyerman! By Spencer Farris Dear IWTN, I tried to ignore your email as I don’t condone your misuse of the term “pirate.” The trend of turning nouns into verbs irks me. Quit “Googling” people and stop “Facebooking” the latest lunch you ate. Especially the latter. Pirates were a noble group, believe it or not. They had early versions of workers’ compensation, social security, integrated workforces, labor unions and democracy. In some circles, tort lawyers are called pirates. As I learned viewing the travelling Wiydah Pirate exhibit making its way across the country, they weren’t all bad– pirates I mean, not tort lawyers. (Some of my best friends are tort lawyers. Me included.) I, too, have seen the warnings of which you fear. Stealing music was enough to cause the original music sharing source, Napster, to end its free operations and become a paid music source, but free music and movies abound. Every time you steal a song over the Internet instead of buying it, Lady Gaga misses a car payment. Or something like that. If you really want to be fair about it, stop singing songs in the shower unless you bought a copy of the album. (Earworms stuck in your head from commercial jingles don’t count.) In many states, the Bar association makes court forms available for free online. This, too, is happens to your practice ... and your life.” While most attorneys have a solid understanding of the technical aspects of a legal practice, far fewer have the training or experience needed to run a successful business. “The E-Myth Attorney” combines Gerber’s business development expertise with Armstrong and Fisch’s experience in implementing legal practice management systems to bridge the gap between attorney and entrepreneur. “The E-Myth Attorney” serves as a blueprint for building a practice that attracts qualified clients and produces exceptional work, while allowing time for family and a fulfilling life outside of work. Equally valuable for start-ups and existing practices, the book details the systems and processes Armstrong and Fisch developed in their own successful California law firm. In fact, the American Academy, a national membership organization for attorneys, was built on the foundation of these very same principles. Those systems give attorneys the tools they need to balance successful estate planning practices with quality of life. A limited number of attorneys will receive “The E-Myth Attorney” free for participating in the Academy’s August 10, 2010 conference call, “7 Deadly Mistakes That Can Kill Your Estate Planning Practice.” a form of piracy, as those forms represent the work product of lawyers somewhere. Unlike musicians, the legal profession doesn’t have Lars or Metallica to take up the charge against bar associations, royalties flying in the breeze. Stop using pirated legal forms while you are at it IWTN. Mr. Lawyerman, Will BP be held responsible in court for the damage it has caused on the Gulf Coast? Signed, I love Tourist Trap T-Shirts Dear ILTTT, The full extent of the BP oil well disaster won’t be known for years, either to BP’s bottom line, public image, or in lost livelihoods to those who live on the coast. I only feel marginally sorry for the dead sea creatures, as they were only going to be eaten had they survived. Death in petroleum or cooking oil can’t be all that different. As for holding BP responsible, don’t hold your breath. Although the US Supreme Court said recently that corporations are just like people, we both know they ain’t. If a single person had destroyed miles of coastline, rocked an entire ecological system or two and then joked about it afterwards, he would be locked up underneath the jail. If al Qaeda had been Al Qaeda, Inc., we would not be at war right now. Even if BP Though Armstrong and Fisch have co-authored estate planning books for consumers, “The E-Myth Attorney” is the authors’ first book for attorneys. The authors’ blog, blog.aaepa. had copied a few DVDs, things might be different. I truly believe that this matter will be sorted out in the courts someday. Probably when my grandchildren are old. Of course, I said the same thing about the Exxon Valdez spill, so I could be overly optimistic. Lawyers showed up on the beaches before the first oil slick did, and were about as welcome in some folks’ eyes. Thankfully, the public relations gaffes of BP are worse than those of the lawyers trying to help the victims of the spill. For now. It is summertime, Gentle Reader. We are still comfortably distanced from election season to relax in front of the television without being confronted with attack ads. Resist the temptation, get out and watch a ballgame or something. Hurry to the beaches before they are spoiled for decades. And get a cheap t-shirt for me while you are at it. ©2010 under analysis llc. under analysis is a nationally syndicated column of the Levison Group. Spencer Farris is the founding partner of The S.E. Farris Law Firm in St Louis, Missouri. Send your question to lawyerman@farrislaw.org. Comments or criticisms about this column may be sent c/o this newspaper or directly to the Levison Group via email at comments@levisongroup. com. v com, gives attorneys additional insight into systems and how they serve as the foundation of a thriving practice. Source: American Academy of Estate Planning Attorneys, Inc. v NOTICE OF PUBLIC REVIEW The Tennessee Department of Transportation (TDOT) announces the beginning of a 30-day review and comment period on its 2011-2014 State Transportation Improvement Program (STIP). The STIP establishes projects for major construction and Public Transit over the four-year period, which will utilize available and projected Federal funds. The review period is to provide citizens, affected public agencies, employees of transportation agencies, various stakeholder groups and other interested parties a reasonable opportunity to comment on the STIP. The STIP will be available in hard copy for review at TDOT’s four Regional Of� ces during normal business hours, Monday-Friday, through September 5, 2010. The locations are as follows: Region 1: 7345 Region Lane, Knoxville, TN 37914, (865) 594-2400; Region 2: 4005 Cromwell Road, Chattanooga, TN 37421, (423) 892-3430; Region 3: 6601 Centennial Blvd., Nashville, TN 37243, (615) 350-4300; Region 4: 300 Benchmark Place, Jackson, TN 38301, (731) 935-0100. It can also be accessed by going to TDOT’s home page at www.tn.gov/ tdot. Written comments may be submitted at any time during the comment period to: Mr. Jim Moore, Transportation Director, Suite 600, James K. Polk Bldg, 505 Deaderick Street, Nashville, TN 37243-0341, (615) 741-3301, www.TDOT.Comments@tn. gov. In addition, appropriate TDOT staff will be available at the Regional Of� ces to answer questions and accept comments on the following dates: Region 1: Tuesday, August 17, 2010, 2:00 – 5:00 p.m. EDT; Region 2: Monday, August 16, 2010, 2:00 – 5:00 p.m. EDT; Region 3: Tuesday, August 24, 2010, 2:00 – 5:00 p.m. CDT; Region 4: Thursday, August 12, 2010, 2:00 – 5:00 p.m. CDT. TDOT will respond to all comments. The Tennessee Department of Transportation is an Equal Opportunity Employer and does not discriminate on the basis of race, age, sex, religion, color, disability or national origin. HCH Hamilton County Herald 96 years of Service (USPS 120 710) Published Weekly by Hamilton County Herald, Inc. Telephone 423-648-9841 Fax 423-648-9844 University Tower 651 East 4th Street, Suite 100 Chattanooga, TN 37403 Don Bona Publisher Jay Edwards Associate Publisher Bill Ellis General Manager & Executive Editor Karen Dunphy Production Manager David Laprad Erica Tuggle Assistant Editor Rebecca Brockman Business Writer Melissa Miller Legal Notices Amy Sherrill Data Supervisor Kay Bona Staff Writer Wanda Bouldon Brandi Bensen Data Reporter Member of: Tennessee Press Association National Newspaper Association American Court & Commercial Newspapers Subscription $ 15 per year By mail Single copy • 50 cents Postmaster send changes of address to: Hamilton County Herald University Tower 651 East 4th Street, Suite 100 Chattanooga, TN 37403 Second Class Mailing Privileges Authorized at Chattanooga, Tennessee Material published in the Hamilton County Herald is compiled at considerable expense and is for the sole and exclusive use of our subscribers. The contents of the Hamilton County Herald may not be republished, resold or reproduced in any manner, in whole or in part without the consent of the publisher. Any infringement may be subject to legal redress. The records contained in the Hamilton County Herald are taken from those filed in the public record and do not necessarily reflect the financial standing of the parties involved. Care is taken to publish suits, judgements, other documents exactly as they appear in the public record. However, the Hamilton County Herald assumes no liability for errors or omissions. Persons who rely solely on these contents do so at their own risk. Any explanation of these items, as well as correction of any erroneous information, will be published upon timely notification by proper correspondence. Hamilton County Herald The editors are responsible for the writing and display of the news, data and features in this newspaper. If you have a question or suggestions, you may call during normal business hours. General manager: Bill Ellis 423-648-9841 fax: 423-648-9844 gm@hamiltoncountyherald.com
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HCH August 6 2010 Legal - Chattanooga Bar Association

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