Legal Guide OF NORTHEAST GEORGIA 2015
A Comprehensive Legal Directory of Northeast Georgia
Published with pride by the Lake Hartwell Region of Community Newspapers, Inc. • The Toccoa Record • Franklin County Citizen Leader • The Hartwell Sun • The Elberton Star
Book Featuring Georgia Courthouses Earns National Recognition ATLANTA - “Courthouses of Georgia,” published by the University of Georgia Press in partnership with the Association of County Commissioners of Georgia, Newington Photography, the State Bar of Georgia and the Georgia Humanities Council, has been selected as one of the Best Print Reference Books of the Year for 2014 by Library Journal, the most trusted and respected national publication for the library community. “The State Bar of Georgia is proud to celebrate this achievement with the publishers of ‘Courthouses of Georgia’ and our fellow partners who supported its publication,” State Bar President Patrise M. PerkinsHooker said. “The county courthouse is the closest connection between the
American people and their system of laws and justice. The rich history associated with each of the courthouses in Georgia’s 159 counties will live forever through this book. This prestigious national recognition is well deserved for such an outstanding reference source, and Georgia’s lawyers and judges are delighted to have sponsored its publication.” In announcing the selection of “Courthouses of Georgia” as one of only four general reference books honored in 2014, Library Journal proclaimed, “In the United States, courthouses are often the places in which couples are married, divorces granted, land registered, lawsuits settled and births and deaths recorded. It seems appropriate that to celebrate the centennial
anniversary of their association, the County Commissioners of Georgia engaged international photographer Greg Newington and historian George Justice (University of North Georgia) to highlight, by region, the courthouses of Georgia’s 159 counties. The result is this beautiful and informative reference source. Regrettably, the 130-year-old Hancock County Courthouse in Sparta was destroyed by fire on August 11.” “Courthouses of Georgia,” containing 160 color photographs and 10 maps on its 368 pages, is available through the University of Georgia Press (800-2665842), Amazon and Barnes & Noble. Contact: Sarah Coole or sarahc@gabar.org
The State Bar of Georgia, with offices in Atlanta, Savannah and Tifton, was established in 1964 by Georgia’s Supreme Court as the successor to the voluntary Georgia Bar Association, founded in 1884. All lawyers licensed to practice in Georgia belong to the State Bar. Its more than 47,000 members work together to strengthen the constitutional promise of justice for all, promote principles of duty and public service among Georgia’s lawyers, and administer a strict code of legal ethics.
Accepting Cases Of Serious Personal Injury and Death Claims Arising From:
• AUTO WRECKS • TRUCK WRECKS • WORKERS’ COMPENSATION • FRAUD LITIGATION • INSURANCE LITIGATION • MEDICAL NEGLIGENCE • MOTORCYCLE WRECKS • PRODUCT LIABILITY/FAILURE
Stephen C. Carter
Stephen C. Carter is the Only Member-Attorney of the Northern Judicial Circuit with Million Dollar Plus and Multi-Million Dollar Jury Verdict Wins for Clients in Personal Injury and Wrongful Death Claims Qualifying Stephen C. Carter for Membership into the: M ILLION D OLLAR A DVOCATES F ORUM M ULTI- M ILLION D OLLAR A DVOCATES F ORUM The Top Trial Lawyers In America 157071
Over 30 Years of Personal Trial Experience Federal and State Court Trials Champion Member/Regional Vice President Georgia Trial Lawyers Association Member American Association for Justice
Toll Free 1-888-376-4754 Cell 706-371-2865 (706) 376-4754 Fax (706) 376-3322
www.stephencarterlaw.com Established 1948 by William Oscar Carter (1923-2003)
4 N. Forest Avenue • PO Box 368 • Carter Law Building • On the Courthouse Square • Hartwell 2
MAY 2015 LEGAL GUIDE
Legal Guide of Northeast Georgia
Contents
May 2015 Vol. 1, No. 1
Articles How to chose a Lawyer......................................... 4 What steps to take after an automobile accident ... 8 Make buying a home a positive experience ......... 13
Lawyers of Northeast Georgia Arthur S. Archibald ................................................ 6 Joshua W. Branch ................................................. 6 B. Nichole Carswell ............................................... 6 Stephen Carter ..................................................... 6 Patrick B. Cates .................................................... 6 Shelley Welch Cox................................................. 7 Victoria L. Cox ....................................................... 7 John A. Dickerson ................................................. 7 Marlin R. Escoe ..................................................... 7 Walter James Gordon............................................ 7 Legal Guide is produced and developed by the Lake Hartwell Region of Community Newspapers Inc., Athens, Georgia Tom Wood, CNI Chairman Dink NeSmith, CNI President Robert Rider, Regional Publisher
NORTHEAST GEORGIA
Kim Wilkerson Higginbotham .............................. 10 John Stephen Jenkins......................................... 10 Michael B. Keene ................................................ 10 Douglas Kidd ...................................................... 10 Keith Milford ....................................................... 10 Austin L. Perry .................................................... 10 Allan R. Ramsay .................................................. 11 Jason P. Redmond .............................................. 11 Robert E. “Ed” Ridgway III ................................... 11 Robert E. “Bob” Ridgeway, Jr. ............................. 11 Kent E. Silver ...................................................... 11 Jeremiah T. Van Dora .......................................... 12 Tash J. Van Dora ................................................. 12 Benjamin D. Walters............................................ 12 Law Enforcement Melvin Andrews, Sheriff ...................................... 12
The Toccoa Record
The Hartwell Sun
67 W. Doyle St., Toccoa, GA 706-886-9476 Fax 706-886-2161 tlaw@thetoccoarecord.com www.thetoccoarecord.com Tom Law, Publisher Todd Truelove, Staff Writer Duane Winn, Staff Writer Sue Fletcher, Advertising Sales Selena Crumpton, Advertising Sales
8 Benson St., Hartwell, GA 706-376-8025 Fax 706-376-3016 mhynds@thehartwellsun.com www.thehartwellsun.com Robert Rider, Publisher Peggy Vickery, General Manager Mark Hynds, Editor Lauren Peeples, Staff Writer David Butler, Staff Writer Carole Byrum, Advertising Sales Christine Blomberg, Advertising Sales
Franklin County STEPHENS FRANKLIN
HART
ELBERT
Citizen Leader 12150 Augusta Rd., Lavonia, GA 706-356-8557 Fax 706-356-2008 sscoggins@franklincountycitizen.com www.franklincountycitizen.com Shane Scoggins, Publisher Denise Matthews, Editor Kandice S. Eberhardt, Staff Writer Jan Dean, Advertising Sales
The Elberton Star 25 N. Public Sq., Elberton, GA 706-283-8500 Fax 706-283-9700 gjones@elberton.com www.elberton.com Gary Jones, Publisher Mark Berryman, Editor Cary Best, Sports Editor Valerie Evans, Advertising Sales
CNI - Athens 2365 Prince Ave., Suite A, Athens, GA • 800-226-0692 Fax 706-548-0808 athenssales@cninewspapers.com Ryan Shaffer, Advertising Sales
MAY 2015 LEGAL GUIDE
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How to chose a Lawyer There comes a time in nearly everyone’s life where the services of a lawyer are required. To help in this process, this information was prepared by the State Bar of Georgia to aid and assist individuals and businesses in choosing a lawyer. Identifying a Legal Problem: The best way to determine whether you have a legal problem or need legal assistance is to speak with a lawyer. You should be aware that in the metropolitan area, many lawyers’ practices may be limited to certain areas of the law. Today, finding a general practitioner is rare unless you are living in a rural county. Choosing a Lawyer: The following is a list of suggestions that might help you as you seek to choose a lawyer to speak with about your potential legal problem: • Ask friends, teachers, employer, co-workers, minister, relatives, neighbors or anyone you trust which lawyer(s) they have used and if they did a good job. • Many online resources are available for selecting a lawyer in your geographic area and in the area of expertise you need. • Contact your local bar association. The State Bar of Georgia does not refer individual lawyers but some local bars do offer a referral service. Most local bar associations have a presence on the Internet or in your local phone book. • Go to your local public library and ask for the Martindale-Hubbell Law Directory. 4
MAY 2015 LEGAL GUIDE
It lists most lawyers and their area of practice within your community, the state of Georgia and the United States. • Ask other lawyers for referrals in areas in which they do not practice. • If you are experiencing financial difficulties and are concerned that you cannot afford a lawyer, call your local legal aid or public defender’s office to see if you qualify for representation. Fees/Costs and Initial Consultation: Once you have decided which lawyer to call, you should ask the lawyer whether he/she charges a fee for the initial consultation (first visit), and if so, how much. Please understand that depending on the practice area, a lawyer may charge a reasonable fee for a consultation. Whether a lawyer will charge a fee for the consultation varies based on practice area and the amount of time spent with a potential client during the initial consultation. If you decide after the first meeting that you want to hire the lawyer to represent you in the legal matter, you may ask for an estimated cost for services. Many lawyers will enter into a written agreement listing the fees, costs and the nature and extent of the lawyer’s representation. Costs are different from fees and in civil cases include such items as filing fees, costs for a sheriff or process server to serve process in your case, copies and mediator fees. Always remember that the client is ultimately responsible for court costs, filing fees, etc. The first time that you
meet with a lawyer, you should be prepared to discuss and ask questions in regards to the facts of the potential legal problem that brings you to the lawyer’s office. The questions below are ideas for a potential client to ask the lawyer. Based on my situation, do I have a legal problem? Make sure you fully explain your situation to your lawyer. Bring any papers or documents you think may help explain the story to the initial consultation. Make sure your lawyer covers both practical solutions to the problems as well as options available under the law. Do not try to convince the lawyer of the merits of your position by exaggerating the facts. If you know, make sure you tell the lawyer the position taken by the potential adverse party. Be sure to tell the lawyer the complete truth so that he or she can best advise you. Are you the lawyer who can help me? Is this something you routinely handle? If not, can you refer me to someone who does? It is important to discuss with the lawyer how much experience he/she has in dealing with cases similar to yours. If the lawyer doubts his or her competence to handle the matter then be sure to ask for a referral to other lawyers who are familiar with cases such as yours. Also ask about the outcome of the other cases that the lawyer has handled, as well as whether or not the anticipated fees and costs that you have been quoted by the lawyer is in line with the fees and costs charged in the other cases.
How much will this cost? The lawyer should be able to give you some idea of the legal fees as well as costs (expenses for the action) associated with the legal matter for which he/she is agreeing to represent you. Whether you, as the client, will be charged on an hourly basis or a contingent fee basis, the reason for the fee should be fully explained to you. Before actually agreeing that the lawyer will represent you, feel free to get an explanation of the fee in writing from the lawyer and signed by both of you. See the definitions below for fees. • Retainer fee. Advance payment to the lawyer for a portion of his or her fee. • Fee. An agreed-upon percentage of any monies obtained through settlement, trial or negotiation. • Hourly fee. The lawyer’s hourly rate multiplied by the number of hours (or portion of hours) spent on your case. • Fixed fee. A specific amount of money for a specific service. • Cost advance. Periodic advance payment to the lawyer for on-going expenses associated with litigation. • Mixed fee. Combination of contingency and hourly fees. How long will it take to solve my legal problem? Below are some questions that may aid you in your discussions with the lawyer as you seek to determine the length of time expected to solve your legal problem. • Again, ask the lawyer how long it has taken him/ her to bring cases similar to
yer fully understand each other with regard to the results expected. This should play a big part in determining whether or not the cost and the time involved in pursuing the matter are worth what is expected as a result. The Expectation of the Client and the Lawyer: The lawyer and client should agree on what expectations that each have, such as settlement, mediation or trial, and how the lawyer will try to obtain those expectations. The client has a right to expect a status report of the case. “Reprinted with the permission of the State Bar of Georgia. This pamphlet was prepared by the Communications Committee of the State Bar of Georgia as a public service. It is not intended to be a comprehensive statement of law. Its purpose is to inform, not to advise on any particular legal problem. If you have specific questions regarding any matter contained in this pamphlet, you are encouraged to consult a lawyer.”
Sheriff Melvin Andrews
ELBERT COUNTY SHERIFF’S OFFICE 47 Forest Avenue, Elberton, GA 30635 *Emergency: 911 *Central Dispatch: 706-283-2420 *Sheriff’s Office: 706-283-2421 *Jail: 706-283-2040 Personnel: Chief Deputy – Major Greg Bryson Chief Jailer – Major Larry Clark Uniform Patrol – Major Greg Bryson Investigations – Capt. Darren Scarborough Training Officer – Sgt. Marc Fleming Admin. Supervisor – Sgt. Angela Dye Admin./TAC – Diane Saxon Admin./Open Records – Joan Carroll No. of Sworn Officers: 35 No. of Employees: 65 EST. County Population: 21,500
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yours to a conclusion in the past. • Ask if your case involves issues more complex than his/her previous cases and whether or not that will affect the expected time to bring this case to a conclusion. • Ask if there are any legal time limitations which restrict the length of time you have to bring an action. If there is no way to predict how long this matter might take, what are the reasons for that? Ask if there is anything you can do to speed up the process. What results can I expect? What do you expect to accomplish? Ask the lawyer to explain the law as it relates to your case and the effect which existing laws may have on your case. It is extremely important that both the client and law-
Social Security Disability Personal Injury Workers’ Compensation
149790
More than 20 years experience getting needed benefits for people.
877-526-6281 877-530-8122 www.silverandarchibald.com MAY 2015 LEGAL GUIDE
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Lawyers of Northeast Georgia
Arthur S. Archibald
B. Nichole Carswell
Practice Areas • Social Security Disability • Workers’ Compensation
Practice Areas • Family Law • Probate, Adoptions • Estates and Wills
Silver & Archibald, LLP
McClure, Ramsay, Dickerson & Escoe, LLP
997 S. Milledge Ave. Athens, GA 30605 706-548-8122, 877-530-8122 706-548-6030 Fax asa@silverandarchibald.com www.silverandarchibald.com
P.O. Drawer 1409, 38 Falls Road Toccoa, Georgia 30577 706-886-3178 Fax: 706-886-1150 email: nichole@mrdelaw.com www.mrdelaw.com
Joshua W. Branch
Stephen C. Carter
Practice Areas • Automobile Collisions • Boating Accidents • Tractor-Trailer/Trucking Collisions • Bus Wrecks • Dog Bites • Motorcycle Wrecks • Negligent Security • Premise Liability
Practice Areas • Personal Injury and Wrongful Death Claims arising from Auto / Trucking Wrecks, Medical Negligence, Slip & Fall, Workers’ Compensation as well as Claims Arising from Fraud and Insurance Bad Faith
Silver & Archibald, LLP
Stephen is a lifelong resident of Hart County. Admitted to the bar in 1985, Stephen has personally tried cases in the State and Federal Courts of Georgia for 30 years. Stephen represents only the injured and their families. He is the only member of the Northern Judicial Circuit to have won million-dollar plus and multi-million dollar verdicts and has obtained the largest personal injury verdicts in the histories of Hart and Habersham counties. He is a member of the Million Dollar Advocates and the Multi-Million Dollar Advocates forums and is the only member of the Northern Judicial Circuit eligible for those memberships. Stephen has also obtained awards and settlements in the tens of millions of dollars for his workers compensation clients. Stephen is a Champion Member of the Georgia Trial Lawyers Association and has served as a Regional Vice-President for over two decades.
997 S. Milledge Ave., Athens, GA 30605 706-548-8122, 877-530-8122 706-548-6030 Fax jwb@silverandarchibald.com www.silverandarchibald.com
Jenkins
LAW, LLC
Stephen C. Carter, P.C. Carter Law Building, 4 North Forest Avenue Hartwell, GA 30643 706-376-4754, Toll-free 1-888-376-4754 Cell 706-371-2865, Fax 706-376-3322 scc30643@yahgoo.com and through link at www.stephencarterlaw.com
Being a general practice law firm, we have the ability to handle a broad array of legal matters including real estate, estate planning and civil litigation. Come to us with your legal questions and we will see to it that you receive the assistance you need.
Attorney at Law
115 Heard St. • Elberton, GA 30635
706-283-8240 johnsjenkins@bellsouth.net
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Practice Areas • Social Security Disability
Silver & Archibald, LLP 149465
Steve Jenkins
Patrick B. Cates
1670 Prince Ave. Athens, GA 30606 706-543-6043, 877-530-8122 706-543-9474 Fax pbc@silverandarchibald.com www.silverandarchibald.com
Lawyers of Northeast Georgia
Shelley Welch Cox
Marlin R. Escoe
Practice Areas • Bankruptcy Law and Litigation
Practice Areas • Real Estate • Probate
Shelley Welch Cox, LLC 15 N. McIntosh St. Elberton, GA 30635 706-522-1756 877-371-9182 FAX shelley@swelchcox.com
McClure, Ramsay, Dickerson & Escoe, LLP P.O. Drawer 1409, 38 Falls Road Toccoa, Georgia 30577 706-886-3178 Fax: 706-886-1150 email: mre@mrdelaw.com www.mrdelaw.com
Victoria L. Cox
Walter James Gordon
Practice Areas • Bankruptcy • Federal Tax Issues • NFA Gun Trusts
Practice Areas • Local Government / Utility Law • Civil Litigation • Personal Injury / Wreck Cases • Real Estate and Financing • Wills and Estates • Corporate Matters
Tori received her Juris Doctor from Georgia State University in 2014. During law school, she participated in several student-run clinics where she represented clients with federal tax, health, housing, and consumer bankruptcy issues. She was also a member of the Sports and Entertainment Law Society and served as a Lieutenant Governor for the American Bar Association Student Division. Prior to law school, Tori attended Northern Arizona University and graduated cum laude with a Bachelor of Science in Accountancy in 2010.
Law Office of Douglas T. Kidd, P.C. 833 Grogan Street Lavonia, Georgia 30553 706-356-1778 Fax 706-356-1805 torilynncox@gmail.com
Walter James Gordon is a native of Hartwell, an honor graduate of Hart County High School, Emory University, and the Antioch School of Law in Washington, DC. Mr. Gordon is a member of the Board of Governors of the State Bar of Georgia, a Trustee of the Georgia Legal History Foundation, and a Fellow of the Lawyers Foundation of Georgia. He served two terms as Chairman of the Stone Mountain Memorial Association at the appointment of Governors Zell Miller and Roy Barnes, and as a member of the Governor’s Local Governance Commission. Mr. Gordon is County Attorney for Hart County, and serves as counsel to a number of local nonprofit groups and other private clients. He is senior partner at The Gordon Law Firm, LLC. The Gordon Law Firm, LLC is the only Hartwell law firm consistently rated as “AVPreeminent” by Martindale-Hubbell, the nation’s most respected legal rating service. The Gordon Law Firm, LLC is known for its top rated lawyers and its deep local roots.
The Gordon Law Firm, Attorneys at Law, LLC
John A. Dickerson Practice Areas • Civil Trials • Medical Malpractice • Local Government Law
McClure, Ramsay, Dickerson & Escoe, LLP P.O. Drawer 1409, 38 Falls Road Toccoa, Georgia 30577 706-886-3178 Fax: 706-886-1150 email: jad@mrdelaw.com www.mrdelaw.com
415 E. Howell Street Hartwell, Georgia 30643 706-376-5418; 706-377-7777 (real estate) Fax: 706-376-5416 walter@gordonlawfirm.com www.gordonlawfirm.com
No man is above the law and no man is below it; nor do we ask any man’s permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt MAY 2015 LEGAL GUIDE
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What steps to take after an automobile accident Even the best drivers are subject to automobile accidents. Everyone should know what steps to take immediately following an accident to protect the life, limb, property and legal rights of those involved. Doing the right thing, in the right way, at the right time may save a life, and it will often avoid legal problems. Here are the steps to take if you are involved in an accident with another vehicle or pedestrian. 1. Stop Your Car. Never leave the scene of an accident in which you or your car are involved. No matter how slight the collision, if you fail to stop you may subject yourself to criminal prosecution even though the accident was not your fault. Stop your car as soon as
possible without further endangering any person or property and without obstructing traffic. Do whatever is necessary to warn oncoming traffic, in order to prevent further accidents. If possible, station someone in a position to warn approaching vehicles. At night, use flares, reflectors or a flashlight. 2. Assist the Injured. If possible, have someone call an ambulance or doctor at once. A telephone operator can locate help for you. Remember that in getting aid it is necessary to fix your location accurately so that help will reach you without delay. It is necessary that the person seeking help know the name and number of the road on which the accident happened, the location of the cars along the road and the
McClure, Ramsay Dickerson & Escoe, LLP 38 Falls Rd. Toccoa, GA 30577 706-886-3178 www.mrdelaw.com
John A. Dickerson Allan R. Ramsay Marlin R. Escoe B. Nichole Carswell Austin L. Perry Serving Northeast Georgia’s Legal Needs for Over 100 Years 151371
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direction in which they were traveling. Render first aid only if you are qualified. You normally should not move the injured person. Cover the victim with blankets or coats. If there is any bleeding, stop it by applying pressure or a tourniquet. Do not give an unconscious person anything by mouth. 3. Call the Police. Police officers are trained to handle any situation that may arise after an accident. If you are involved in an accident, even though not physically injured, you may suffer from shock and excitement which makes it difficult for you to think clearly at the time. If the accident occurs within a city or town, call the city police. If it occurs on an open highway, call the nearest office of the Georgia State Patrol or the sheriff’s office. When the police officer arrives, give the basic facts (see Number 7). The report may help you if a liability claim is made. 4. Identify the Driver. Obtain the other driver’s name, address and license number of the vehicle. Also ask to see a driver’s license. If possible, obtain the name of the insurance companies and the policy numbers covering the other car(s) in the accident. 5. Witnesses. Obtain names and addresses of all passengers in all cars involved in the accident. Obtain names and addresses of all eyewitnesses. Attempt to obtain from these witnesses a statement as to what happened and have them, if they will, write it down at the scene. Always have a pencil and pad of paper, as well as this pamphlet, in the glove compartment of your car. 6. Take Notes -- Fill Out
Accident Form and Diagram. Make your own written notes on all significant circumstances concerning the accident. Show the position of the cars after the accident. Step off exact distances of skid marks and other important distances. Later, it is important for you to be able to point out where on the road the vehicles collided and where they came to a stop. If you or someone else has a camera at the scene, take pictures to preserve skid marks, the position of cars and other physical evidence that will disappear after the accident. Fill out the Accident Information Form and Diagram in this pamphlet so far as it is appropriate to the type of accident in which you are involved and the particular circumstances. 7. Comments. Do not comment on the accident. Keep your notes and information strictly to yourself. Admit nothing and sign nothing even if you think you are wrong. You may learn later that you were not in the wrong or that the other driver was equally responsible. Your emotions at the time of the accident may deceive you. If at a later date facts clearly show that you alone
were wrong, that is the time to admit the blame. 8. Arrest. An arrest at the scene does not necessarily indicate civil liability. An arrest in connection with an automobile accident cannot ordinarily be used later in a suit for damages. Any statement may be used as an admission, so it is important that you contact your attorney before making a statement. 9. When to Leave the Scene. Unless your injuries require otherwise, do not leave the scene of the accident until you have assisted the injured, protected the scene, called the police and assisted them, identified the other driver(s), obtained the names, addresses and statements of all witnesses, made notes and filled out the Accident Information Form and Diagram in this pamphlet. 10. See a Doctor. Remember that serious and costly injuries are not always imme-
diately evident. See your doctor immediately and ask your passengers to do likewise. 11. Reports. Georgia law no longer requires a person involved in an accident to make a written report to the Georgia Department of Public Safety. You should immediately call your insurance representative and send written notice as soon as possible. The notice should contain sufficient information concerning the time, place and circumstances of the accident, as well as the names of any persons who were injured or witnessed the accident. Failure to notify your insurance company in writing within a reasonable time may constitute grounds for the insurance company to avoid all coverage for your accident. It is therefore essential that you report the accident immediately. 12. Claims Made Against You. Refer all persons mak-
ing claims against you to your insurance company. Make no payments or promises to pay any claimant. Any such payments are made at your own risk. Forward all papers served on you to your insurer immediately. If the coverage you have purchased is inadequate to cover the claims made against you, consult your personal attorney at once. 13. Claims Made by You. Your liability insurance policy may also include provisions for payments to you and your passengers for medical expenses, which will apply regardless of fault. If you make a claim for property damage or personal injuries arising out of the accident, be sure before you settle that any offer made to you is fair and reasonable. Your attorney is best equipped to advise you as to your rights and the fairness of the settlement offer. Personal Injury. If another
motorist is at fault in an accident, you may sue for personal injuries, which are generally measured by your medical expenses and lost wages caused by the accident and an amount which may be determined by the jury for pain and suffering. Under specialized circumstances other types of damages may be recoverable. Property Damage. Claims for vehicle damage are covered by your collision or comprehensive policy, if you have one. If another motorist is at fault in an accident, you may sue for property damage to your car regardless of whether you can sue for bodily injury. “Reprinted with the permission of the State Bar of Georgia. This pamphlet was prepared by the Communications Committee of the State Bar of Georgia as a public service. It is not intended to be a comprehensive statement of law. Its purpose is to inform, not to advise on any particular legal problem. If you have specific questions regarding any matter contained in this pamphlet, you are encouraged to consult a lawyer.”
RIDGWAY & RIDGWAY, LLP ATTORNEYS AND COUNSELORS AT LAW ROBERT EDWIN RIDGWAY, JR. & ROBERT EDWIN RIDGWAY III
PROVIDING PROFESSIONAL COUNSELING AND ADVICE IN THE AREAS OF: ESTATE AND BUSINESS PLANNING CORPORATE, BUSINESS AND REAL ESTATE TRANSACTIONS PROBATE, TRUST AND ESTATE ADMINISTRATION/SETTLEMENT
152021
• Established partnership in 2003 • Serving the community since 1975 • Over 54 years combined experience • Community-minded, full time residents of Hart County • Ethically protecting the best interests of our clients
93 C HANDLER C ENTER H ARTWELL , G EORGIA • 706-376-3991 MAY 2015 LEGAL GUIDE
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Lawyers of Northeast Georgia
Kim Wilkerson Higginbotham
Douglas Kidd
Practice Areas • Personal Injury / Wreck Cases • Real Estate and Financing • Wills and Estates • Corporate Law / Business Entity Structuring • General Litigation and Contracts • Local Government / Utility Law
Practice Areas • Personal Injury • Civil Litigation • Local Government Law
A native and resident of Elbert County, Kim is a 1995 graduate of Mercer University’s School of Law. She is “AV” rated “Preeminent” by clients and peers with Martindale-Hubbell - an indicator of a lawyer’s high ethical standards and professional ability; a member of the Lawyers Foundation of Georgia, a public service foundation of the State Bar which recognizes four percent of the members of the Bar whose public and private careers demonstrate outstanding legal abilities and devotion to their communities; and serves as a Bar fee arbitrator. Kim represents clients in civil litigation in state and federal courts.
Doug received his Juris Doctor from Stetson University College of Law in 2008 and opened up his own law practice in Lavonia in November 2008. Doug is the city attorney for Bowman and is the public defender in the Franklin County Probate Court and Magistrate Court as well as in the City of Lavonia Municipal Court. Doug attended Georgia Southern University and graduated with a Bachelor of Science in Journalism in 2002. He worked as a copy editor and page designer for the Chattanooga Times Free Press before attending law school.
The Gordon Law Firm, Attorneys at Law, LLC
Law Office of Douglas T. Kidd, P.C.
415 E. Howell Street Hartwell, Georgia 30643 706-376-5418; 706-377-7777 (real estate) Fax: 706-376-5416 kim@gordonlawfirm.com www.gordonlawfirm.com
833 Grogan Street Lavonia, Georgia 30553 706-356-1778 Fax 706-356-1805 doug@kiddlawoffice.com
John Stephen Jenkins
Keith Milford
Practice Areas • Estates and Wills • Real Estate • Corporate Business Law
Practice Areas • Real Estate • Domestic • Estates • Probate and Civil Litigation
Jenkins Law, LLC
Milford & Milford Attorneys
115 Heard St. Elberton, GA 30635 706-283-8240 706-283-8948 FAX johnsjenkins@bellsouth.net
Since 1959 P.O. Box 247, 197 Athens Street Carnesville, Georgia 30521 706-384-3501 Fax: 706-384-7042 email: milfordatty@windstream.net
Michael B. Keene
Austin L. Perry
Practice Areas • Social Security Disability
Practice Areas • Personal Injury • Civil Litigation • Criminal Defense
Silver & Archibald, LLP 225 Hill St. Athens, GA 30601 706-548-6869, 877-526-6281 706-548-8828 Fax mbk@silverandarchibald.com www.silverandarchibald.com 10
MAY 2015 LEGAL GUIDE
McClure, Ramsay, Dickerson & Escoe, LLP P.O. Drawer 1409, 38 Falls Road Toccoa, Georgia 30577 706-886-3178 Fax: 706-886-1150 email: alp@mrdelaw.com www.mrdelaw.com
Lawyers of Northeast Georgia
Allan R. Ramsay
Robert E. “Bob” Ridgway, Jr.
Practice Areas • Wills • Estates • Commercial Transactions
Practice Areas • Licensed in GA & SC • Elder Law • Estate, Asset, and Business Protection Planning • Estate, Trust, Probate Administration and Settlement • General Litigation and Contracts • Local Government/Utility Law
McClure, Ramsay, Dickerson & Escoe, LLP P.O. Drawer 1409, 38 Falls Road Toccoa, Georgia 30577 706-886-3178 Fax: 706-886-1150 email: arr@mrdelaw.com www.mrdelaw.com
Jason P. Redmond Practice Areas • Social Security Disability • Workers’ Compensation
Silver & Archibald, LLP 997 S. Milledge Ave. Athens, GA 30605 706-548-8122, 877-530-8122 706-548-6030 Fax jpr@silverandarchibald.com www.silverandarchibald.com
With his almost 40 years of legal experience and AV Preeminent Rating for Ethical Standards and Legal Ability by Martindale-Hubbell, Bob Ridgway focuses his attention in the area of Business, Estate and Elder Law Planning, helping clients legally protect what they own and those they love. Bob is authorized to practice law in Georgia and South Carolina.
Ridgway & Ridgway, LLP 93 Chandler Center, P.O. Box 710 Hartwell, Georgia 30643 706-376-3991 Fax: 706-376-1155 bobr@ridgwaylaw.com
Robert E. “Ed” Ridgway III
Kent E. Silver
Practice Areas • Real Estate • Probate and Estate Settlement • Guardianships and Conservatorships • Estate Planning • Business and Commercial Transactions
Practice Areas • Social Security Disability • Workers’ Compensation • Long Term Disability Insurance
Robert E. “Ed” Ridgway III graduated from Presbyterian College in 1998 and from the University of Georgia School of Law in 2001. He began practicing law with Burr & Forman, LLP in Atlanta prior to forming Ridgway & Ridgway, LLP in Hartwell in 2003. His practice areas include Real Estate; Probate and Estate Settlement; Guardianships and Conservatorships; Estate Planning; and Business and Commercial Transactions where he counsels clients through the major legal events in their lives. He and his wife, Darlington Ridgway, reside in Hartwell where she works as a legal assistant at Ridgway & Ridgway, LLP.
225 Hill St. Athens, GA 30601 706-548-6869, 877-526-6281 706-548-8828 Fax kes@silverandarchibald.com www.silverandarchibald.com
Ridgway & Ridgway, LLP 93 Chandler Center, P.O. Box 710 Hartwell, Georgia 30643 706-376-3991 Fax: 706-376-1155 edr@ridgwaylaw.com
Silver & Archibald, LLP
Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property without due process of law. Constitution of the USA MAY 2015 LEGAL GUIDE
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Lawyers of Northeast Georgia
Jeremiah T. Van Dora
Tash J. Van Dora
Practice Areas • Workers’ Compensation • Personal Injury • Family Law
Practice Areas • Workers’ Compensation • Employment Law • Business Litigation EEOC • Mediation
Jeremiah T. Van Dora is a graduate of Furman University and John Marshall Law School. A Hartwell, GA native, Mr. Van Dora was a scholarship football player at Furman. In law school he was a member of the National Mock Trial team, and received the Dean’s Award for community service, as well as the CALI Award for the highest grade in Workers’ Compensation. Mr. Van Dora currently serves as the Vice President of the Northern Circuit Bar Association.
Tash J. Van Dora graduated from Georgia Tech and UGA Law. In addition to the practice areas listed, Mr. Van Dora has extensive experience as general counsel to several statewide insurance funds and in Georgia Department of Insurance Matters. In his over 30 years of experience, Mr. Van Dora has received numerous awards. He has been rated AV Preeminent, the highest possible rating. He has also been named a Georgia Legal Leader, and Top Lawyers in Georgia for Worker’s Compensation by Lexis Nexis.
The Van Dora Law Firm, LLC
The Van Dora Law Firm, LLC
21 Vickery Street, P.O. Box 669 Hartwell, Georgia 30643 706-377-4044 Fax: 678-623-3859 jvandora@vandoralaw.com www.vandoralawfirm.com
21 Vickery Street, P.O. Box 669 Hartwell, Georgia 30643 706-377-4044 Fax: 678-623-3859 tjv@vandoralaw.com www.vandoralawfirm.com
Benjamin D. Walters
THE GORDON LAW FIRM
Practice Areas • Social Security Disability • Veterans’ Disability
ATTORNEYS AT LAW, LLC
Silver & Archibald, LLP
Providing Professional Legal Services Since 1976 www.gordonlawfirm.com
• Civil Trials • Personal Injury and
Death Claims
1670 Prince Ave. Athens, GA 30606 706-543-6043, 877-530-8122 706-543-9474 Fax bdw@silverandarchibald.com www.silverandarchibald.com
• Automobile and
Truck Accidents
Law Enforcement
• Real Estate • Corporate Matters Top Rated Lawyers Deep Local Roots
Melvin Andrews
• Estate Planning &
Probate
W ALTER J AMES G ORDON walter@gordonlawfirm.com
K IM W ILKERSON H IGGINBOTHAM kim@gordonlawfirm.com
Sheriff of Elbert County
GORDON BUILDING 415 E HOWELL STREET • P O BOX 870 • HARTWELL, GA 30643
FAX 706-376-5416 12
MAY 2015 LEGAL GUIDE
150780
706-376-5418 OR 706-377-7777
47 Forest Ave. Elberton, GA 30635 706-283-2421 706-283-2039 FAX ecso@elbertcosheriff.com www.elbertcosheriff.com
Make buying a home a positive experience
taxes, interest and escrow accounts set up to pay future taxes and insurance. Also, your mortgage professional may send you additional documents to assist you in making an educated decision about your loan options. All this sounds confusing, but it does not have to be. An attorney can review and explain all of the documents before you sign anything. It’s always better to ask now than to regret a decision later. What kind of property is right for you? There are a lot of choices out there: houses, townhomes, condominiums, traditional neighborhoods, cluster homes and high rises. When looking at your options, don’t forget that your mortgage payment isn’t the only consideration. There often are other “builtin” expenses. Find out about any voluntary neighborhood dues for swimming pools, tennis courts, playgrounds and landscaping. In addition, with planned communities, condominiums and townhomes, find out about mandatory association fees-how much they are and exactly what they cover. Making an Offer. Once you’ve found the right home, it’s natural to want to rush to submit an offer. Take a deep breath and think through the process, because a contract
is a legally binding document. To begin, you, your Realtor® or your attorney will need to prepare an offer for purchase and sale. It is important to seek the counsel of a licensed attorney, because even things that appear to be small matters could become large problems if they are not properly addressed in the offer for purchase and sale.
Some important components to a real property purchase and sale agreement are: • sales price that you are willing to pay • legal description of the property you want to buy • amount of earnest money and who will hold it • method and amount of financing (all cash, bank or mortgage company loan, seller financing) • who will pay closing costs and how much • when the seller will move out and the buyer will move in • amount of real estate commission (usually paid by seller) the date of closing and who will close the transaction • whether buyer can back out or require repairs if an inspection reveals problems Continued to page 14
Shelley Welch Cox, LLC Bankruptcy Law and Li ga on Your right to a fresh start from unmanageable debt is guaranteed by the United States Cons tu on. “The Congress shall have power to…establish… uniform laws on the subject of bankruptcies throughout the United States” U.S. Const. Art. I, Sec. 8
You may be en tled to stop all creditor contact and: • Lower interest rates on secured loans. • Restructure personal debt. • Restructure business debt. • Obtain damages for creditor abuses. • Stop foreclosure. • Eliminate unsecured debt. • Catch up on delinquent taxes. • Liquidate assets to pay debts. Call or e-mail for a free and confiden al consulta on
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So you want to buy a home. It’s a big decision! How do you know you’re doing the right thing? There are things you can do to make it a positive experience. First, consider consulting an attorney. Buying a house is complicated. But it doesn’t have to be overwhelming, especially if you have a legal professional on your side, looking out for your interests. The peace of mind that comes with an attorney’s services is every bit as valuable to a homeowner as locking in the best possible interest rate. The following are the basics of buying a home. What can you afford? We all have an image of our dream home, but remember, what is perfect in your mind might not be perfect for your bank account. Before you even start looking, find out what you can realistically afford. Here’s what you should do to establish your price range: • Do your homework. You’ll need to gather basic information about your income, existing debts and credit history. • Meet with a lender (bank, mortgage company or credit union) to find out how much you can borrow. • After determining how much you can borrow, add the amount of savings you will use for the down payment to determine your price range. (Down payment + loan = sales price and closing costs.) In addition to the down payment there will be costs for closing the transaction. These costs will be shown on a Good Faith Estimate provided by your mortgage professional; they include origination fees, discount points, inspections, a survey, hazard insurance, property
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Continued from page 13 with the house, or if title is not acceptable • which items will remain with the house and which items will be removed by the seller • who will pay for repairs, if any • warranties and, if applicable, who will pay for them • how the property will be conveyed (warranty deed, limited warranty deed or quit claim deed). • Even simple forms can be deceiving, so it is always best to have an attorney take a look at your contract before you sign anything. Are you really ready to sign? Presenting a formal offer to the seller is a big step. If you have any special considerations--if, for example, your down payment depends on a bonus from work, or you have to sell another house, etc.--an attorney can make sure the contract is worded
appropriately. When the seller signs your offer, with no changes, you have an accepted and binding contract. There’s no going back without financial and legal consequences. If you have any questions at all, consult an attorney before you become obligated to an agreement that doesn’t meet your needs or that you don’t completely understand. Some Considerations Prior to Closing. Obtaining a survey. Many lenders do not require a current survey. However, it is prudent to obtain one prior to closing because it will show the location of the house and other improvements such as fences, garages, driveways, decks and walkways on the property, including any improvements encroaching on or from adjoining property. You will need to notify the closing attorney prior to closing if you wish to have a sur-
Milford & Milford Attorneys
Since 1959
Real Estate Domestic Estate Probate & Civil Litigation
Keith Milford Attorney C. Patrick Milford, Retired
706-384-3501 197 Athens St. Carnesville, GA 30521 155736
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MAY 2015 LEGAL GUIDE
vey done on your property. Purchasing owner’s title insurance. Owner’s title insurance is not required by law in Georgia, unlike some other states; however, it is an extremely important protection for you as the owner of real property and it is recommended that you purchase such a policy. An owner’s title insurance policy ensures that you have an insurable title to the property. It’s a relatively small one-time cost, and it can protect the buyer from mistakes in title examinations and other title problems caused by prior owners of the property. This policy may be purchased at the time of closing through the closing attorney. It is important to note that a lender’s title insurance policy does not protect you as the owner of the property, but if your lender is obtaining a policy, you may be eligible for a substantial discount on an owner’s policy. This is called a “simultaneous issue” rate and you should contact your closing attorney for details. How to take title to the property. If you are purchasing property with another person, it is important to consider how you will take title to the property. Georgia recognizes two options: 1) Joint Tenants with Right of Survivorship and 2) Tenants in Common. Joint Tenants with Right of Survivorship means that upon the death of one owner, the deceased owner’s interest will automatically pass to the other owner, regardless of the deceased owner’s will. Tenants in Common means that upon the death of one owner, the deceased owner’s interest will pass to the deceased owner’s estate. If it is not clearly specified, Georgia law assumes you have taken title as Tenants in Common. These matters should be discussed with a licensed attorney prior to closing.
What exactly is a “closing”? The closing is when the seller actually transfers the title to the property to the buyer. The buyer signs all loan papers and wires money for the closing costs and down payment (or purchase price if there is not a loan). The closing usually takes place in the closing attorney’s office and the party paying closing costs pays for the closing attorney. It is important to know that typically, if you are obtaining financing for the acquisition, the closing attorney represents the lender--not the seller, not the Realtor® and not you. If you want an attorney to solely represent your interest, you must hire one. Getting Ready for Closing. You’ve got your loan lined up. The seller has accepted your offer. Now, it’s on to closing. The more you know, the more painless your closing will be. To make your closing smooth and free of surprises, once you have a binding contract and your loan is approved, you, your Realtor® and your attorney need to coordinate a closing date and time with the lender, seller and closing attorney. What do you take to closing? You will be instructed by the closing attorney as to the necessary documents needed for your specific closing, but generally these may include: • wired funds for the down payment and other buyer costs (based on the Good Faith Estimate or preliminary settlement statement) • insurance policy (must be ordered prior to closing from any licensed insurance company) and a bill or paid receipt • any paperwork still required by lender (for example, your most recent pay stub and pest/termite inspection report) • photo identification (valid driver’s license, state issued
ID or passport) • all parties who must sign loan papers, such as spouse and/or parents What papers are signed at closing? The closing can be a little overwhelming, especially if it’s your first time. You may feel as though you’re signing away your life. Knowledge equals peace of mind, so here’s a rundown of the documents typically included in a closing: • Promissory note. This is the formal IOU showing the loan amount, interest rate and term of loan (number of years to pay back). • Security deed. A mortgage document that is recorded in the courthouse records showing the amount and term of loan. It gives the lender the right to foreclose and take title to the property if the loan isn’t paid back or you default under the loan documents. • Warranty deed. The
seller signs this document to convey the title to the buyer. The warranty deed contains the exact legal description of the property and is recorded in the courthouse of the county where the property is located. • HUD-1 settlement statement. This also is called the closing statement or HUD and shows all financial terms of the transaction, including how much money both the seller and Realtor® receive as well as the exact amount the buyer must pay at closing. All money that changes hands should be reflected on the HUD-1 Settlement Statement. • Truth in lending statement. This identifies the annual percentage rate, which is the loan interest rate plus the finance charges paid by the buyer. It also shows the total amount paid back over the term of the loan. • Aggregate escrow dis-
closure. This shows the calculation of how much money you need to establish in your escrow account to pay next year’s property taxes and insurance renewals. • Various affidavits. These include a series of documents in which you, the buyer, promise that you still are employed, plan to occupy the house, agree to sign or initial corrections or additional papers later, promise that there are no side agreements between the buyer and seller and that the down payment has not been borrowed. The seller will also sign an affidavit that he or she is not aware of any unpaid liens or title disputes. But that’s not all. Sometimes you will be asked to sign other documents to complete the loan file, such as a typed loan application and an acknowledgment that the closing attorney does not represent you. Your attorney
can review these documents prior to closing to make sure the terms are what you negotiated and that you fully understand the documents that you are signing. Do you really need an attorney? Yes. Buying a house is one of the most significant financial transactions of your life. While there are standard procedures for buying a home, every situation is as different as the people and properties involved. It is wise to rely on the professional services of a licensed attorney to head off potential problems and to protect and advise you throughout the entire process. “Reprinted with the permission of the State Bar of Georgia. This pamphlet was prepared by the Communications Committee of the State Bar of Georgia as a public service. It is not intended to be a comprehensive statement of law. Its purpose is to inform, not to advise on any particular legal problem. If you have specific questions regarding any matter contained in this pamphlet, you are encouraged to consult a lawyer.”
LAW OFFICE OF 706-356-1778 DOUGLAS T. KIDD, P.C. www.LakeHartwellLaw.com
A General Practice Firm Serving Northeast Georgia
DOUGLAS T. KIDD
VICTORIA L. COX
Personal Injury l Wills l Car Accidents l Defective Products Local Government Law l Divorce l Child Custody Bankruptcy l Federal Tax Issues l NFA Gun Trust 155743
833 GROGAN STREET, LAVONIA, GA MAY 2015 LEGAL GUIDE
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Tash J. Van Dora
Respected Advocates.
AREAS OF PRACTICE Workers’ compensation Auto accidents Wrongful Death Injury Law Family Law Divorce Employment matters Mediation Business Law/ EEOC/Whistleblower General Litigation Truck accidents Slip and fall Product liability
Knowledgable Lawyers.
We are a civil litigation firm with over 30 years of experience in workers’ compensation, personal injury and many other areas of civil law.
The Van Dora Law Firm offers the expertise to efficiently protect its clients’ interests at all times.
Jeremiah T. Van Dora
Our firm maintains the highest ethical standards and we are well respected in our statewide practice.
The Van Dora Law Firm, LLC Serving Hartwell, Athens and all of Northeast Georgia
vandoralawfirm.com
MAIN OFFICE:
21 Vickery St. | Hartwell, GA 706.377.4044 Prince Ave. (@ Bottleworks) | Suite 3-I Athens, GA 706.255.5590