WIN/LOSS RECORD

                                                               2004

 

Updated:          December 14, 2004

 

 

 

1.  January 5, 2004, 9:00 a.m., PARTIES REDACTED; CIVIL CASE, Gwinnett Superior Court, before Judge Steven Franzine.  This case was settled on a reasonable basis for both parties, in view of the facts and evidence in this situation.  Settled.

 

Won                                                                                         0

Settled with High Leverage                                                       0         

Lost                                                                                         0

Settled                                                                                      1

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

 

 

2.  February 23 - 24, 2004, PARTIES REDACTED; CIVIL CASE, DeKalb Superior Court before Judge Robert J. Castellani.  This was a personal injury case with some negative facts that were against our client. His injuries were severe, but the proximate cause of the injuries was highly contested.  The verdict for our client, was approximately $7,400.00.  Technically, we won the case, but we did not get as much money as we were shooting for, due to the negative facts the other side uncovered about our client. Win.  

 

 

Won                                                                                         1

Settled with High Leverage                                                       0

Lost                                                                                         0

Settled                                                                                      1

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

 

 

3.  March 25, 2004, PARTIES REDACTED; CIVIL CASE, Cobb County State Court,  before Judge Melodie Clayton.  This resulted in a verdict of approximately $12,500.00.  Won.

 

 

Won                                                                                         2

Settled with High Leverage                                                       0

Lost                                                                                         0

Settled                                                                                      1

Non dispositive Motion or Hearing                                            0

 

Unavoidable loss, but protected Client=s interests                     0

 

4.  May 4, 2004, PARTIES REDACTED; CIVIL CASE., Rabun County Superior Court divorce with issues of custody and adultery. I represented a Sea Captain in a divorce against his wife.  CAPT, whom I have never met, called me on the phone, discharged his previous attorney, and poured out his heart to me.  He was hurt, angered, betrayed, and everything else.  I convinced him to pray, read the Bible, exercise, drink 12 glasses of water a day and just do what I said to do.  He was a very high maintenance client.  He had a lot of needs, drives, and thoughts.  This case was settled with joint legal custody on terms very satisfactory to CAPT.  It was most gratifying to me as well.  He has recovered quite well.  Settled.

 

Won                                                                                         2

Settled with High Leverage                                                       1

Lost                                                                                         0         

Settled                                                                                      2

Non dispositive Motion or Hearing                                            0

Unavoidable loss, but protected Client=s interests                     0

 

5.  March 22, 2004, PARTIES REDACTED; CIVIL CASE; Newton County Superior Court.  Billy Joe Waters.  Temporary Settlement Agreement reached, satisfactory to both parties.  Unavoidable loss. Served Client’s interests well.  Settled.

 

Won                                                                                         5

Settled with High Leverage                                                       5

Lost                                                                                         0

Settled                                                                                      4

Non dispositive Motion or Hearing                                            0

Unavoidable loss, but protected Client=s interests                     0

            Draw                                                                                        1

 

6.  March 24, 2004, PARTIES REDACTED; CRIMINAL CASE; Cobb County. Investigated by Cobb County Crimes Against Children Unit. Child molestation.  The State investigated him heavily.  After I represented him, State decided not to prosecute.  Settled with High leverage.

 

Won                                                                                         2

Settled with High Leverage                                                       2

Lost                                                                                         0

Settled                                                                                      3

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

 

7.  April 1, 2004    PARTIES REDACTED; CIVIL CASE; Gwinnett Superior Court.  Settled. 

 

 8.  May 6, 2004, PARTIES REDACTED; CIVIL CASE Modification; Gwinnett Superior Court; before Judge Michael Clark.  The Modification was rejected by the Plaintiff and the brother.  We did much better than the offer.  A good win.  Won.

 

Won                                                                                         3

Settled with High Leverage                                                       2

Lost                                                                                         0

Settled                                                                                      4

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

 

9.      May11, 2004, PARTIES REDACTED; CIVIL CASE; Gwinnett County Superior Court.  Judge Richard L. Winegarden. Divorce. This case was heavily litigated prior to trial and heavily negotiated prior to trial and immediately before trial it settled on terms advantageous to our client, the Plaintiff. In view of the astronomical sums the wife was demanding, which decreased after her and his depositions, to much less.  This was a settlement with much leverage.  The Client was very pleased. Won on high leverage.  

 

Won                                                                                         3

Settled with High Leverage                                                       3

Lost                                                                                         0

Settled                                                                                      4

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

 

10.  June 24, 2004, PARTIES REDACTED; CIVIL CASE, Fulton County Superior Court, Before Judge Wendy Shoob. Paternity action and Legitimating action.  We achieved legitimation by agreement and the court made the Defendant pay considerably more child support to my client as the biological mother than he wanted.  Won.

 

Won                                                                                         4

Settled with High Leverage                                                       3

Lost                                                                                         0

Settled                                                                                      4

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

 

 

11.  June3-4, 2004, PARTIES REDACTED; CRIMINAL CASE, Douglas County Superior Court, Judge James, Jeff Ballew 9:30 a.m., June 3, 2004.  Client was arrested in possession of $1,750,000.00 worth of methamphetamines.  The minimum sentence was 25 years to serve, and a One Million Dollar Fine.  We received the help of the Assistant District Attorney, who brought this sentence down to a lower level, where the defendant was sentenced to a 20year sentence, with 15 to serve, and a $250,000.00 fine. The State Board of Pardons and Paroles usually puts non-violent offenders on probation after serving one third of their sentence, which would be five years.   He had already served 2 years before trial.  He should be out and on parole in three years. The District Attorney agreed not to deport him and further agreed not to require him to leave Georgia.  This was actually a wonderful result, under the circumstances.   Settlement with high leverage.

 

 

Won                                                                                         4

Settled with High Leverage                                                       4

Lost                                                                                         0

Settled                                                                                      4

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

 

 

 

12.  June 7, 2004, PARTIES REDACTED; CIVIL CASE.

U.S. District Court, Northern District of GA, Civil Action No. 1:03-CV-1955-BBM Atlanta Division, Before Judge Beverly B. Martin.  This was a suit by Hartford Fire Ins. Co. against *** and ***.  Originally, the suit was for approximately $250,000.00.  Hartford was trying to recover from **** and also from ****, our client.  We argued at the trial, stipulating most of the facts, and the Court accepted my argument.  Won. Case dismissed against my client.  This was a significant win.

 

Won                                                                                         5

Settled with High Leverage                                                       4

Lost                                                                                         0

Settled                                                                                      4

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but served Client=s interest well.       0

            Draw                                                                                       1

                                                                                   

13.  July 16, 2004,  PARTIES REDACTED; CIVIL CASE;   Dekalb county Superior Court, before Judge Gail Flake. Divorce, alimony, equitable distribution, visitation, attorney=s fees.  Settled July 16, 2004.  Reasonable result under the circumstances.  Improved Plaintiff=s previous offer by $60,000.00 in one day=s negotiations but client did not want more.  Good settlement for all involved. Settled.

 

 

Won                                                                                         5

Settled with High Leverage                                                       5

Lost                                                                                         0

Settled                                                                                      5

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

            Draw                                                                                        1  

                                                                             

14.  July 30, 2004, PARTIES REDACTED; CIVIL CASE; Newton County Juvenile Court, before Judge Billy Joe Waters.  Divorce and Custody trial.  Husband and wife received joint custody with wife primary custody.  Husband received increased visitation, half the summer, alternating holidays, every other weekend.  We knew we were coming from behind because we think things on the other side were set up.   This was a loss.  Other than ***, but, not enough money.  This was a qualified win in that we won everything we could after the client made his desired goal of custody impossible by moving away from Georgia and away from the minor child.  He did not get primary custody. He got secondary custody, and did visitation, which had been a problem.  I call this case a loss. In that it was the first loss an unavoidable loss, because the client had moved from Georgia, and the Judge lectured the client, his father and stepmother that the client was not telling the truth. Which, was a surprise to me. 

 

           Won                                                                            5

Settled with High Leverage                                                       5

Lost                                                                                         0

Settled                                                                                      4

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

            Draw                                                                                        1

 

 

15.  August 17, 2004,   PARTIES REDACTED; CIVIL CASE; Gwinnett Superior Court before Judge Fred Bishop.  Divorce trial. Represented the husband.  Wife, wanted sole custody, husband got joint custody.  Wife wanted no overnights.  Husband got overnights with the order by the Judge that no people of the opposite sex would be spending the night.  Wife wanted approximately $22,000.00 worth of alimony.  Husband paid about $7,882.00 worth of alimony.  Agreed on $1,130.00 per month as child support.  We agreed that husband would keep the kids insured under Peach Care or his employer and would pay all uncovered medicals for 12 months and thereafter husband and wife would pay uncovered medicals 50/50.  Wanted to make sure all the husband=s alimony under the terms of the order and the Judge helped on this were deductible because originally they were not.  This is a marginal win.  Husband got about $200.00 per month less to pay than under the temporary order.  The way we figured the deductibility of alimony, it was a good bit more.  This was a draw.

 

 

Won                                                                                         4

Settled with High Leverage                                                       3

Lost                                                                                         2

Settled                                                                                      5

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

 

 

 

16.  September 1, 2004, PARTIES REDACTED; CIVIL CASE; Paulding County Superior Court before Judge Foster.  Motion to Compel Discovery and to hold Defendant in contempt.  Defendant was held in contempt, ordered to answer Plaintiff=s Interrogatories while the Judge went to lunch, ordered to appear at the Courthouse for his deposition set for September 17th and ordered to pay attorney=s fees on September 17th before the taking of his deposition.  Win.  Settled.

 

 

Won                                                                                         7

Settled with High Leverage                                                       5

Lost                                                                                         0

                                                                                                                                    5

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

            Draw                                                                                        1

 

17.  September 20, 2004, PARTIES REDACTED; CRIMINAL CASE; Roswell Municipal Court before the Honorable Judge Hilliard Duprey and the Solicitor Michael Baldwin.    Client charged with less than one ounce of marijuana, open container of alcohol in the car, receiving stolen property, expired tag, improper tag. There are few more.  The client, plead guilty to possession of less than an ounce of marijuana.  All other charges were dead docketed. $512.50 fine.  Driver=s Education Seminar.  The important thing here is that is was a conditional plea whereby if the client completes the terms of his probation and does not violate any of the laws of the State of Georgia during his term of his probation, on September 15, 2005, Judge Duprey will find him not guilty.  None of the information will ever go to the State, or to his NCIC record and he gets a slate.  This does not count against the statutory first offenders statute.  The client was overjoyed.  The Judge said at worst he could have gotten $7,000.00 fine, 5 years in prison, 4 years suspension of his license and had that on his record for the rest of his life.  This is a negotiation with high leverage.  It=s, better than a win.  Settled with High Leverage.

 

 

Won                                                                                         7

Settled with High Leverage                                                       6

Lost                                                                                         0

Settled                                                                                      5

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

             Draw                                                                                       1

 

18.  October 15, 2004, PARTIES REDACTED; CRIMINAL CASE; Alpharetta Municipal Court Main Judge (find in Court book). Solicitor General Ms. Shoenthal.  Three citation numbers. Client Charged with DUI, blood level 1.46, 2nd offence in five years, third lifetime; charged with speeding in a construction zone which is an aggravated misdemeanor, close to a felony, and has a maximum fine of $2000.00; also charged with open container, a misdemeanor, maximum fine of $1000.00. Each of the cases are punishable by up to 1 year imprisonment each that can be consecutive, so the client was facing a maximum of a $3150.00 and 3 years in jail. Fran Shoenthal is a really fine lady and I told her everything about the client that was relevant, she asked the client some questions and she and I had a talk with Don Schaffer, another attorney and Jim Hamilton, another attorney, and Glen Stern, another attorney down from New Jersey and just chatted because she could not get the files, otherwise she would have pre-tried the case. We pre-tried it in court. She asked me weather the client brought his toothbrush. The minimum punishment on 2nd DUI I believe is 90 days, but the Judge can probate up to a certain portion of that. The client pled guilty to DUI, nolo contendere to speeding in a construction zone and the open container was null posed. Client received a 1-year sentence, 21 days to serve immediately, (A famous person was in all the papers, with the same record got the same sentence) the balance of the sentence on probation, periodic checks of breath and urine during probation for blood alcohol, ordered not to drink any alcohol during the period of his probation, 30 days community service, DUI school 2nd level, DUI personality inventory and recommendations, 17 week course on alcoholism, $44.00/month probation, and he received a friendly but final lecture from the Judge. This is it, from now on it gets very very serious. This is a good settlement with High Leverage, so tally up the numbers.

 

            Won                                                                                         7

Settled with High Leverage                                                       7

Lost                                                                                         0

Settled                                                                                      5

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

            Draw                                                                                       1

 

19.   June 21, 2004, PARTIES REDACTED; CIVIL CASE; Gwinnett County Superior Court, Situation where we had the wife take thirty-eight to forty thousand dollars out of the joint savings and checking accounts.  Leaving her husband about eight thousand.  While, the husband was at work.  Put the furniture that she wanted in a truck, put the children in her van and left for Chattanooga.  The husband was served when he arrived home that afternoon.  This was a settlement with high leverage.

 

            Won                                                                                         5

Settled with High Leverage                                                       5

Lost                                                                                         0

Settled                                                                                      4

Non-dispositive Motion or Hearing                                           0

Unavoidable loss, but protected Client=s interests                     0

            Draw                                                                                       0

 

 

 20.  August 2, 2004, PARTIES REDACTED; CIVIL CASE; Fulton County Superior Court, Civil Action File NO. before Judge Westmoreland. Won custody of a little girl for the father against the mother, after a conference prior to trial before the Judge, where he told the other attorney, he was going to rule in our favor if the facts as I presume had been more correct. 

 

 

            Won

             Settled with High Leverage

             Lost

             Settled

             Non-dispositive Motion or Hearing

            Unavoidable loss, but protected Client’s interests

             Draw

 

 

21.  August 23-26, 2004, PARTIES REDACTED; CIVIL CASE;  Cobb County Superior Court, before Judge Robert Flournoy.  Four day Jury Trial. The husband, defendant had offered to pay the wife something like a Thousand Dollars a month alimony for Three years, the Five Hundred Dollars a month for Three years, then it would stop.  He offered to give her the house with the furnishings.  The house had a value of approximately  $.225,000.00, plus, offered $50,000.00 as a equitable distribution of the marital assets.  The husband came from very wealthy parents, that had given him money which he had put in to the home and into various investments which according to law, meant that the home and investments were almost all his separate property.  So there was hardly anything to get the wife, as far an equitable distribution was concerned, because you can not do it with separate property.  They hardly get alimony any more.  However, the Jury come out and awarded the wife alimony of $1,500.00 per month beginning on November 1, 2004, extending until the year 2027.  A total of, $414,000.00 of alimony.  They also awarded her the house at $225,000.00, a 110,000.00 lump sum alimony, payable October 1, 2004, totaling $751,000.00. plus child support. The husband agreed to pay during the trial in order to attempt to attain favor from the Jury. He agreed to pay for the autistic child’s therapy, classes and training in order to help adapt to life from his insurance.  Parents decided to appoint a PhD., as a mediator which would be up to $2500.00, per month.  Also agreed to and ordered to pay for both children’s college education.  This was a big win .

           

         

           Won                                                                                             6

            Settled with High Leverage                                                        5

            Lost                                                                                             0

            Settled                                                                                         5

            Non-dispositive Motion or Hearing                                           0

            Unavoidable loss, but protected Client’s interests                     0

             Draw                                                                                          1