Marshall County Lawyer Censured by the Supreme Court of Tennessee
On July 19, 2012, Thomas Andre Davidson, an attorney licensed to practice law in Tennessee, recieved a Public Censure from the Board of Professional responsibility of the Tennessee Supreme Court.
In the representation of an estate client, Mr. Davidson failed to review a prenuptial agreement which later significantly impacted the estate. After the client died, Mr. Davidson tore up the third codicil to the will but kept a copy. He submitted the will and first two codicils to probate without informing the court of the third codicil. He informed his client’s wife that the third codicil had been revoked. He attended a hearing on the estate and did not inform the court of the third codicil. Mr. Davidson later produced the copy of the codicil to the Court and all parties.
By the aforementioned acts, Thomas Andre Davidson has violated rules in effect at the time of his actions, Disciplinary Rules 1-102 (Misrepresentation), 6-101 (Competence), 7-101 (Diligence), 7-102 (False Statement of Fact), and 7-106 (Violation of Rule of Procedure) and is hereby Publicity Censured for this violation.
A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.
TBI Serves Pulaski Man With Additional Sex Charges
The Tennessee Bureau of Investigation today served a Pulaski, Tenn. man currently being held on sex charges in the Giles County Jail with 13 counts against him after he was indicted by the Giles County Grand Jury today. The case involves both male and female victims living within the Amish community in Giles County.
TBI originally arrested Maurice Dale “Jimmy” McAllister, 80, on May 1, 2012 on one count of aggravated rape, one count of sexual battery and one count of aggravated burglary. Today, he was indicted on those original three charges and on an additional ten charges of three counts of aggravated rape, one count of aggravated sexual battery, and six counts of sexual battery. The thirteen charges stem from four female victims and one male victim who McAllister sexually abused over the course of seven years. At the time of the incidents, the victims were between 12 and 22 years old. TBI began investigating the allegations against McAllister at the request of the 22nd Judicial District Attorney General and executed a search warrant on McAllister’s residence located at 2750 Big Dry Creek Road in Pulaski, Tenn. to obtain evidence in the case when the case originated.
The investigation is continuing and the subject could face additional charges at a later date. McAllister’s bond was set at $ 2,250,000.
Swerve Past Scams Involving Extended Vehicle Warranties
Have you received a letter in the mail warning that your car warranty is about to expire, despite the fact that your warranty expired three years ago? Although the letter may look like it is being sent from your car dealer or manufacturer, it could be a scam.
Consumers who receive mail or phone calls warning that their car warranty is about to expire should be skeptical. The companies behind the mail and calls may give the impression they represent your car dealer or manufacturer, using phrases such as “motor vehicle notification,” “final warranty notice” or “notice of interruption,” to make the offers seem urgent and to get you to call a toll-free number for more information. Sometimes, they even might have your vehicle’s vehicle identification number, often referred to as the VIN.
More than likely, these pitches are from unrelated businesses that want to sell you extended warranties, more accurately known as service contracts, which often sell for hundreds or thousands of dollars. A service contract is a promise to perform (or pay for) certain repairs or services. Although a service contract is sometimes called an extended warranty, it is not a warranty as defined by federal law. A service contract may be arranged any time and always costs extra. A warranty comes with a new car and is included in the original price. Used cars may come with some type of coverage. The separate and additional cost distinguishes a service contract from a warranty.
If you respond to a call from a business pitching so-called extended warranties, you are likely to hear high-pressure sales tactics, as well as demands for personal financial information and a down payment before you get any details about the service contract. If you buy a service contract, you may find that the company behind it won’t be in business long enough to fulfill its commitments.
To steer clear of scam auto warranty offers:
- Be skeptical if you receive mail offers or phone calls about renewing your vehicle warranty. Your vehicle’s warranty may be far from expiring, or it may have expired already.
- Be alert to fast talkers. Telemarketers pitching auto warranties often use high-pressure tactics to hide their true motive. Most legitimate businesses will give you time and written information about an offer before asking you to commit to a purchase. As the consumer, remember: You’re always in control.
- Never give out personal financial or other sensitive information, such as bank account, credit card or Social Security numbers.
- Be skeptical of any unsolicited calls if the call is a recorded message or if your phone number is on the Do Not Call Registry. You should not receive recorded sales pitches unless you have specifically agreed to accept such calls. The Tennessee Regulatory Authority handles Tennessee’s Do Not Call Registry.
- If you are interested in buying a service contract, shop around. Research the company responsible for paying your claims. Service contract sellers (also called brokers) do not decide what repairs are covered under the service contracts they sell and they may assert that they have no further responsibility to you once you buy the service contract.
Consumer Affairs (www.tn.gov/consumer/) is a division of the Department of Commerce and Insurance (www.tn.gov/commerce/), which works to protect consumers while ensuring fair competition for industries and professionals who do business in Tennessee. www.tn.gov/commerce/, @TNCommerceInsur (Twitter), http://on.fb.me/uFQwUZ (Facebook), http://bit.ly/ry1GyX (YouTube)
Sprinfield TN Fugitive Turns Himself In
The Tennessee Bureau of Investigation removed a Springfield, Tenn. fugitive from the state’s Top Ten Most Wanted list after he turned himself into the Springfield Police Department shortly before midnight last night.
Jewell Wayne Smith Jr., 23, of Springfield, Tenn. was wanted by the Springfield Police Department on one count of criminal homicide. On August 14, 2011, Smith shot Montez Robertson on Blair Street. Witnesses reported seeing the incident. Smith was added to the fugitive list on September 19, 2011 after a warrant was taken out for his arrest and he could not be located. Smith gave a statement about the shooting late last night and was booked into the Robertson County Jail.
