WIN/LOSS RECORD

2005

Last Revision: 12/30/05

1. January 7th, 2005, PARTIES REDACTED; CIVIL CASE; Bibb County Superior Court before Bryant Culpepper, Custody Modification Dispute. After a full hearing in which our expert child psychologist performed perfectly, my client testified perfectly and I was at my best, the Judge ruled against our client. Loss.

Won 0

Settled with High Leverage 0

Lost 1

Settled 0

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interests 0

Draw 0

2. January 25, 2005, PARTIES REDACTED; CIVIL CASE; Fulton County Superior Court, before Judge Westmoreland. Divorce. Final Trial. We demolished the other side. WIN.

Won 1

Settled with High Leverage 0

Lost 1

Settled 0

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interests 0

Draw 0

3. February 4, 2005, PARTIES REDACTED; CRIMINAL CASE; Bibb County Magistrate Court. Judge dismissed the Action, since it was related to a Superior Court Modification Action, pending in Bibb County, and that Court should adjudicate the whole matter. This is a WIN.

Won 2

Settled with High Leverage 0

Lost 1

Settled 0

Non-dispositive Motion or Hearing 0

Unavoidable loss, but protected Client’s interests 0

Draw 0

4. February 9th, 2005, PARTIES REDACTED; CIVIL CASE; Paulding County Superior Court before James R. Osborne, Modification of Custody Action. Won custody. WIN.

Won 3

Settled with High Leverage 0

Lost 1

Settled 0

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 0

Draw 0

5. March 2, 2005, PARTIES REDACTED; CIVIL CASE; Paulding County Superior Court before Judge James R. Osbourne, Motion for New Trial by Defendant. WIN.

Won 4

Settled with High Leverage 0

Lost 1

Settled 0

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 0

Draw 0

6. March 3, 2005, PARTIES REDACTED; CRIMINAL CASE; Cobb County State Court; Domestic Violence, Battery, Simple Battery, The State filed a Nolle Prosque, which means they decided not to prosecute because, under all the facts and circumstances, the State could not prove guilt beyond a reasonable doubt. This is a very significant victory. It was necessary to get this Nolle Prosque changed to clear up our client’s spotless record, his reputation and his position with the U.S. Government. This was approximately an Eighteen month effort to rid this Client of these baseless charges. This is a settlement with extreme High-Leverage. This is better than a win, because it saves attorney’s fees. THIS IS THE BEST WIN SO FAR THIS YEAR.

Won 5

Settled with High Leverage 0

Lost 1

Settled 0

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 0

Draw 0

7. March 16, 2005, PARTIES REDACTED; CRIMINAL CASE; Cobb County State Court; Changing the Nolle Proseque and Expungement of Criminal Record. Very, Very Hard to change a Nolle Proseque and hard to get Expungement. It was necessary to get this Nolle Prosque changed to clear up our client’s spotless record, so he could keep his reputation and position with the U.S. Government.. SETTLEMENT WITH HIGH LEVERAGE.

Won 5

Settled with High Leverage 1

Lost 1

Settled 0

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interests 0

Draw 0

8. March 22, 2005, PARTIES REDACTED; CRIMINAL CASE, Fulton County Magistrate Court. Clients were charged with drag racing, crossing over Roswell Road on TO Mt. Vernon. Unhappily, as they scratched off across Roswell Road when the light turned green, they had not gone more than a block when they roared past 2 police cars parked in the dark. One of the Defendants saw the police cars and pulled over. The other client sped off and was caught approximately 4 blocks later. Both clients had a spotless previous record and were in their late 30’s. Both admitted guilt, true repentance, and sorrow at their stupidity. Both cases dismissed upon payment of a $100.00 fine for each, and stricken from their records. That is a SETTLEMENT WITH HIGH LEVERAGE and BETTER THAN A WIN! Mark it as such. I love it when a plan comes together, especially when The Judge and The Police Officer’s are understanding.

Won 5

Settled with High Leverage 2

Lost 1

Settled 0

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interests 0

Draw 0

9. March 30 and 31, 2005, PARTIES REDACTED; CIVIL CASE; Gwinnett County Superior Court, before Judge Robert Mitchem. Domestic Violence Hearing, 1:30pm until approximately 8:35 pm. This was part of the other side is dark and a combined scheme of false Domestic Violence, a Divorce action and False Child Molestation charges. By objections to evidence, blocking most of the Plaintiff’s case, by well-prepared cross examination of the Plaintiff and her witness, by key questions, for which there were no believable answers in most cases: We Won. The Judge said the Battery case was gone-destroyed. Upon my question when I was ready to leave the courtroom as to how the Judge weighed the chances of Gwinnett County going forward with the Child Molestation case, he said “Low”. “Very low”. These are each WINS!

Won 6

Settled with High Leverage 2

Lost 1

Settled 0

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interests 0

Draw 0

10. April 15, 2005, PARTIES REDACTED; CIVIL CASE, Fulton County Superior Court. Judge Cynthia Wright. High asset Divorce: Late Case Evaluation by another experienced attorney. Negotiated, from 10:00 am to 8:35 pm. SETTLED CASE. With some issues reserved. (Client and his wife, had each paid previous attorneys more than $200,000.00 in fees. Good Settlement for both sides). I had only been in the case for 10 days.

Won 6

Settled with High Leverage 2

Lost 1

Settled 1

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interests 0

Draw 0

11. May 5, 2005 PARTIES REDACTED; CIVIL CASE; DeKalb Superior Court before Judge Castellani, Motion For Contempt. After about a 4 to 5 hour conference with Attorney Marks Bipps, a very good attorney from Decatur, we came out with a tailor made Settlement Agreement made by us, with the Parties giving and taking, which was the very best for the parties. This is a SETTLEMENT.

Won 6

Settled with High Leverage 2

Lost 1

Settled 2

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 0

Draw 0

12. May 13, 2005, PARTIES REDACTED; CRIMINAL CASE; White County Magistrate Court, before Judge Joy Parks. Client in Jail. Preliminary Hearing on Felony charges of Aggravated Stalking. Client admitted that he violated the Aggravated Stalking provisions twice; however he did it for a good reason: He needed to file bankruptcy of his business, and to save his home from foreclosure. His wife had his car and the bankruptcy papers, but he was restrained from being near her. Fairness was in his favor. We negotiated the hearing with Judge Joy Parks; a very good person who voluntarily gave our client a reasonable bond. He was let out of jail. He had been in jail for about a week or two. This is a WIN!

Won 7

Settled with High Leverage 2

Lost 1

Settled 2

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 0

Draw 0

13. May 16, 2005, PARTIES REDACTED; CRIMINAL CASE; White County Superior Court. Defendant charged with Count 1: Assault, and Count 2: Interference with a 911 call made by his wife. Good negotiations with the Asst. Solicitor right before we were to go before a jury. Count 2 was dismissed. Defendant pled guilty to Count 1(assault) while denying Defendant’s guilt under North Carolina. No jail, 12 months probation, reasonable fine, and no contact with the wife. SETTLEMENT WITH HIGH LEVERAGE.

Won 7

Settled with High Leverage 3

Lost 1

Settled 2

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 0

Draw 0

14. May 31, 2005, PARTIES REDACTED; CIVIL CASE; Cobb County Superior Court, Judge Watson White. We moved for injunction against the wife. Impossible to do but, client insisted for strategic reasons. UNAVOIDABLE LOSS, but protected client’s interest.

Won 7

Settled with High Leverage 3

Lost 1

Settled 2

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 1

Draw 0

15. June, 2, 2005, PARTIES REDACTED; CRIMINAL CASE, White County Superior Court. Judge Barnett. Other Party wanted Temporary Protective Orders. Client denied he was guilty on the one hand, but admitted illegal acts on the other hand. UNAVOIDABLE LOSS.

Won 7

Settled with High Leverage 3

Lost 1

Settled 2

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 2

Draw 0

16. June 17, 2005, PARTIES REDACTED; CIVIL CASE; Conference call with Judge Cynthia Wright and Opposing Attorney John Wilson. Fulton County Superior Court Civil Action. The case was settled on terms, satisfactory to both parties after much litigation for years. SETTLED CASE, with only 3 issues reserved.

Won 7 Settled with High Leverage 3

Lost 1

Settled 3

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 2

Draw 0

17. June 21, 2005, PARTIES REDACTED; CIVIL CASE, White County Superior Court. Judge Barnett. Bond Revocation Hearing. Impossible to Win. Client has previously admitted illegal acts while on Bond. UNAVOIDABLE LOSS.

Won 7

Settled with High Leverage 3

Lost 1

Settled 3

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

18. June 24, 2005, PARTIES REDACTED; CIVIL CASE; Fulton County Superior Court. Judge Cynthia Wright. Issue was whether client should receive $33,000.00 or owe one-half of Wife’s IRA as equitable distribution. This was a LOSS.

Won 7

Settled with High Leverage 3

Lost 2

Settled 3

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

19. July 8, 2005, PARTIES REDACTED; CRIMINAL CASE; Atlanta Municipal Court. The Client was charged with speeding going 88 mph in a 55 mph zone, and an expired tag. By negotiation with the Assistant Solicitor, we had the expired tag dismissed and had the charge reduced to 15 mph over the speed limit instead of 33 mph over. To make sure the client did not lose her license because she 18 yrs old. We had her take the Defensive Driving Course, which gave her 15 points to the good. This made it so she would not lose her license. This is a SETTLEMENT WITH HIGH LEVERAGE!

Won 7

Settled with High Leverage 4

Lost 2

Settled 3

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

20. July 13, 2005, PARTIES REDACTED; CIVIL CASE; Gwinnett County Superior Court, before Judge Dawson Jackson. Divorce/Custody Temporary Hearing. Won custody for the wife. This is a WIN!

Won 8

Settled with High Leverage 4

Lost 2

Settled 3

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

21. July 27, 2005, 1:00 pm: PARTIES REDACTED; CRIMINAL CASE; DeKalb Magistrate Court; Judge Harvey. Possession of crack cocaine. 7.8 grams, approximately $990.00 value, with intent to distribute. Here the Defendant picked up a black male at a truck stop, to go to Super 8 Motel to share a room together and save on hotel fees. When leaving the truck stop, there was a call about a fight with baseball bat with two black males and a white woman prostitute. An Officer went to the scene, not knowing what to expect, saw two black males standing out in the parking lot. When the two males saw the police car, they jumped and started jogging away to the truck stop and then toward the Motel and lost sight of them. Then he saw a white tractor move out of the parking lot, not recklessly but in a foot and a half of the police car, but he was forced to get by another tractor trailer on the other side. Evidently, when the Client and his passenger rolled down the window and said “Adam 12” which is a code that police are in the area. The police officer went there because of the disturbance. He saw the two black males running away and was told by a truck driver in a black tractor, the two black male got into the white tractor trailer, which was driven by my client. The officer arrested them, searched the truck for weapons. He saw part of a cocaine bag sticking out from under a pillow in the bunk in the back of the tractor. He is not allowed under Search and Seizure laws to lift the pillow but something that is in plain view, and then it is proper for him to do so. Then he arrested. Talked with each of them. Client was paraphernalia in a container above his driver’s seat. He admitted it was his. He admitted that he did smoke sometimes. He took a drug test on his own, which he passed. The client had his girlfriend, sister, a good friend, and a young man there to support him form Tennessee. I talked to the police officer and read the police report and crossed examined him. I asked him in his opinion was the Defendant was guilty. He did not know what was going on in the truck and why did he flee. That was his only answer. Later I brought my client on and asked him, “Did you know that there was any cocaine in your tractor before the police found it?” He said no. Are you familiar with your tractor? Did you check, clean and sleep in your truck regularly? Yes to all. Was the tractor OK before you picked up the passenger? Answer No. Do you sell crack cocaine? No. Are you totally innocent? Yes. The Court dismissed the case. This is a BIG WIN. Lot’s-O-Fun!

Won 9

Settled with High Leverage 4

Lost 2

Settled 3

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

22. July 15, 2005, PARTIES REDACTED; CIVIL CASE; Newton County Magistrate Court. Wartinon Order. I defended the Plaintiff against the Defendant’s Counter Claim, which was still pending after Plaintiff had prior to retaining me, dismissed her portion of the law suit. The Defendant’s Counter Claim was Denied. This is a WIN!

Won 10

Settled with High Leverage 4

Lost 2

Settled 3

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

23. August 2, 2005, PARTIES REDACTED; CIVIL CASE; Fulton County Superior Court, before Judge Westmoreland. Motion for New Trial. Denied. This is a WIN!

Won 11

Settled with High Leverage 4

Lost 2

Settled 3

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

24. August 5, 2005, PARTIES REDACTED; CIVIL CASE; DeKalb County Magistrate Court. Abandonment Case. OA was Andy Bips. Bips and I worked out a Temporary Order giving the client 25% of the husband’s gross income, with husband to keep Medical, Dental, Vision Insurance, and getting credit for that, with the wife to pay co-pays and the husband and wife to split equally uncovered medicals. This is a GOOD SETTLEMENT, but not reaching Settlement with High Leverage yet.

Won 11

Settled with High Leverage 4

Lost 2

Settled 4

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

25. August 22, 2005. PARTIES REDACTED; CIVIL CASE. This was an Administrative Hearing to take her license away, according to the Dept. of Service’s rules for one year for failure to blow at a DUI stop and arrest. The Officer did not appear. The case was dismissed. This was an easy WIN.

Won 12

Settled with High Leverage 4

Lost 2

Settled 4

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

26. August 23, 2005, PARTIES REDACTED; CIVIL CASE; Gwinnett Superior Court, before Judge Ronnie K. Bachelor. Defendant did not answer and yet there were more problems with the case than imaginable, about an hour Hearing to try to sort out problems in the case. The Judge agreed with all of our requests. This is a BIG, BIG WIN! I had not idea it would even be possible.

Won 13

Settled with High Leverage 4

Lost 2

Settled 4

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

27. August 25, 2005, PARTIES REDACTED; CIVIL CASE; Fulton Superior Court, before Judge Divida Gude. Plaintiff case dismissed on our Motion. This is a WIN!

Won 14

Settled with High Leverage 4

Lost 2

Settled 4

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

28. August 30, 2005, PARTIES REDACTED; CRIMINAL CASE; Cobb County State Court, before Judge Maria Golick. This was a DUI/Reckless Driving/Weaving. This was a Plea with 24 hours in jail out of 1 year. The Judge said she could have sentenced her to 2 years . This was a Plea. SETTLEMENT.

Won 14

Settled with High Leverage 4

Lost 2

Settled 5

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

29. September 7 2005, PARTIES REDACTED; CIVIL CASE; Fulton County Superior Court. Partial SETTLEMENT.

Won 14

Settled with High Leverage 4

Lost 2

Settled 6

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

30. September 13, 2005, PARTIES REDACTED; CRIMINAL CASE; Doraville Municipal Court. Speeding Ticket. Pled. This is a SETTLEMENT.

Won 14

Settled with High Leverage 4

Lost 2

Settled 7

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

31. September 23, 2005, at 2:25pm. PARTIES REDACTED; CIVIL CASE; DeKalb County Superior Court. This was a conference call with Judge Becker, and Opposing Attorney. OA denied all relief sought. Judge said it was not a true Emergency Hearing. I successfully interposed the Soldiers and Sailors Relief Act, since my Client has been deployed to Iraq. Judge warned the Opposing Attorney, that his actions with regard to the Verification of the Emergency Petition by signing, saying with express permission on behalf of his Client, put him endanger of losing his Bar License. This is a GOOD WIN!

Won 15

Settled with High Leverage 4

Lost 2

Settled 7

Non-dispositive Motion of Hearing 0

Unavoidable loss, but protected Client’s interest 3

Draw 0

32. September 23, 2005, 4:00 pm. PARTIES REDACTED; CRIMINAL CASE, before Judge Stripling. Enticement Of A Child For Indecent Purposes. Judge Stripling said this was Aggravated and thus, he would need the District Attorney’s Office to be there when he set Bond. He let me view the facts and as such they were indeed an Aggravated situation. I mentioned to the Judge that there was no Aspertasion. The Judge asked if that was a requirement. I said YES. I have the law. He said never mind I will look it up myself. He went in to his office for about 30 to 45 minutes. Come back. He said Mr. Billington you are absolutely right. I will dismiss the Enticement to a Child case and set your Bond on the remaining Criminal Warrant at $3,500.00.