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Case News

Vote NO to Amendment THREE This November

By | Case News, Civil Litigation, Probate and Trusts, Uncategorized | No Comments

VOTE NO TO Constitutional Amendment THREE

The Georgia General Assembly, apparently upset that one of its members had been removed as a judge by the Judicial Qualifications Commission (JQC), has decided that the JQC is corrupt and does not properly discipline the judges in this State. The Legislature’s solution for the problem they described is to allow the legislature to choose the members of the JQC. This allows politics to become the primary driving force behind the JQC.

As it is established, the JQC is a model that many other states have copied. It has successfully removed many judges through the years. It has punished many more for conduct it found improper. The current JQC comprises seven members, two sitting judges, selected by the Georgia Supreme Court, three lawyers who have been working for at least 10 years and who are elected by the State Bar of Georgia Board of Governors, and two citizens, neither of whom shall be members of the bar and who are appointed by the Governor.

Lawyers expect judges to maintain the integrity of the bench. It is the cornerstone of all justice.  I expect it when I appear in Court.  All other attorneys expect the same. All trial lawyers expect that judges will comply with all rules of behavior. It is the only way we have an orderly judiciary and judicial system.  It guarantees that people appearing in court receive a just and proper hearing. All lawyers ask that the scales be balanced as their clients appear in court: nothing more and nothing less.

The JQC must remain free of political influence. Only if politics stays out of the business of disciplining judges will judges remain free to deliver decisions based only on the laws of the State of Georgia. I urge you to vote no to Amendment 3 on the November ballot.

WE CAN PROTECT YOUR 2nd AMENDMENT RIGHT TO KEEP AND BEAR ARMS

By | Case News, Estate Planning, Probate and Trusts, Uncategorized | No Comments

WE CAN PROTECT YOUR 2nd AMENDMENT RIGHT TO KEEP AND BEAR ARMS

We are pleased to announce that we have a Second Amendment rights attorney in our firm. Shawn Owen is an accomplished marksman and gun owner. He is also a member of the National Rifle Association.  He has recently gained the training and experience to advocate for individuals’ rights to keep and bear arms.  He is accomplished at creating gun trusts for guns that must be placed into a trust.

Shawn can ensure that Wills are written properly to allow the transfer of firearms to another person under federal law. Some firearms cannot be transferred by an estate to an individual without federal laws being followed. Shawn is trained to ensure that the executor does not violate federal law when transferring certain firearms.

One of our clients recently exercised his Second Amendment rights in defending himself during a home invasion . We are proud of citizen action like this and urge all of our clients to exercise their Second Amendment rights to protect themselves and their belongings. Call Shawn if you have questions concerning your right to keep and bear arms; to ensure that your will properly transfers your firearms to another; or if you are an executor or administrator and the deceased owned certain firearms that require special licenses or permits before you can transfer the firearms to another person.

Conservators Have A Duty To The Beneficiary Of The Account

By | Case News, Civil Litigation, Probate and Trusts | No Comments

CONSERVATORS HAVE A DUTY TO THE BENEFICIARY OF THE ACCOUNT

We are pleased to announce another successful outcome at trial. In our most recent case, a four year old child’s mother passed away leaving her a $100,000 life insurance policy. The probate court placed this money into a conservatorship account and placed the child’s guardian in charge of the money. When the child turned 18, she should have received the money remaining in her conservatorship account.  Instead, she received nothing. Her guardian told her that the money had been spent on the child raising her.  The court records indicated no authority to spend the money.

Our investigation revealed that the conservator had failed to fulfill her duties throughout the duration of the conservatorship. Further, the court had failed to monitor the conservator as required by law.  At trial, we obtained the full $100,000 from the conservator and her bonding company in full satisfaction of our client’s demands.

Anytime a conservatorship account is established and the conservator does not properly account for the funds in that account, beneficiaries of the account have a claim against the conservator for the funds. A conservator by law must have a bond in place to protect the beneficiary.  With proper legal representation, you should be able to recover the funds placed in your conservatorship account.

Please contact us if you have not received funds you are due from a conservatorship account. Also, if you are a conservator, contact us for guidance and directions on how to properly perform your duties so you do not run afoul of any of the laws here in Georgia.

Defeating a Year’s Support Claim

By | Case News, Probate and Trusts | No Comments

We would like to report that we were successful in assisting a client defeat a year’s support claim. We were able to assist an heir of an estate in objecting to and ultimately defeating a claim for year’s support that had been filed against her father’s estate. Had this claim not been contested, the claimant would have taken all assets of the estate leaving our client with no inheritance. Shawn Owen, of Robert Hughes & Associates, did an outstanding job at trial, and was able to defeat the year’s support claim.

Should you be the spouse of the one who has passed away recently, please give us a call and see if we can help you with a year’s support claim. If you are the heir to an estate and a year’s support has been filed against that estate, please give us a call to see if we can help you in minimizing the property that might be transferred by way of that year support claim.

Personal Injury Award

By | Case News, Civil Litigation, Personal Injury | No Comments

We are pleased to announce the resolution of a personal injury claim with one of our clients for the amount of $80,000. A client suffered a fractured ulna in a collision in Savannah, Georgia. After a full day of intense negotiations our client agreed to accept the sum of $80,000 as full compensation for the injuries he suffered. The matter was scheduled to be tried in July if the mediation had not been successful. This is another example of our firm finding the appropriate way to bring about a resolution to a case that fully complies with our client’s wishes and achieves an outcome that our client fully approves and accepts. If you or one of your family members has recently been injured through the negligence of someone else, please call us at Hughes and Associates to see if we can assist you in bringing about a favorable resolution to your matter.

Computer Piracy Court Victory

By | Case News, Civil Litigation | No Comments

We are pleased to announce a victory at trial in the case of Advanced Computing Technologies, Inc. versus Delphi Communications, Inc., Brent Seyler and Sergey Alexandrov. In this case, our client, Advanced Computing Technologies, Inc., sued the defendants for computer trespass and computer theft. The individual defendants formerly were employees of my client, and left to start a competing business, Delphi Communications, Inc. When they left, they took with them copies of my client’s computer database which included computer programming and client lists. With this database, they were able to contact all customers and begin providing a competing service within days of leaving the employment of my client. The trial resulted in a verdict of $143,000 for my client. Should you have any issue with employee piracy, computer trespass or computer theft by your current or former employees, please give us a call; we can provide assistance to you.

Triumph Over Credit Card Collection Company

By | Case News, Civil Litigation | No Comments

We’re pleased to announce that we have achieved another victory for a consumer, who was being sued by a credit card collection company.

In this particular case, the consumer was being sued by a collection company who had bought an alleged credit card debt from a major U.S. bank.  This collection agency then sued our client to collect a debt that went back more than 10 years.

We successfully defeated the claim by the collection agency and thwarted its attempt to collect this alleged debt from our client.  We also made the collection agency pay all of our attorney’s fees, which resulted in our client not only avoiding the obligation that might have been proper, but allowed us to defend our client at no cost to the client.

This was the fifth such victory we have had in this arena.