- Alternative Dispute Resolution
SERVING AS ADVOCATES: As advocates on behalf of our clients, the attorneys at Chaffin & Burnsed, PLLC are skilled in the use of alternative dispute resolution ("ADR") methods to settle disputes. Litigation is time consuming, expensive, and always includes an inherent level of risk and uncertainty which comes with a lack of control over the ultimate outcome. While litigation cannot (and arguably should not) be avoided in every situation, mediation (binding and non-binding) and arbitration offer parties an alternative to the conventional judicial process in a significant number of cases. ADR offers an opportunity for parties to resolve their differences in a speedier, less expensive route towards tailored resolutions through a confidential process designed to enhance communications and improve relationships.
- Appellate Practice
The right of appeal is a cornerstone of the judicial process. It is a critical right that one enjoys as a litigant when there has been an error in a trial or proceeding. The skill set required of an attorney to ably perform appellate work differs from that required at the trial level. Particular experience and a thorough understanding of procedural rules and substantive law are required to critically analyze and strategically assess the prospects of succeeding at the appellate level of the judicial system. One must understand the unique requirements of appellate procedure and, in the instance of discretionary appeals, formulate and present a legal argument, which provides the client with the greatest likelihood of success. Because appellate practice carries additional costs and risks, it is not always in the best interest of clients. It is, therefore, imperative for a client to benefit from an attorney who fully understands the questioned error at issue and is capable of clearly explaining the issue and fully assessing the pros and cons of appeal in a timely manner.
The attorneys of Chaffin & Burnsed, PLLC possess the experience and unique skill set required of appellate practice. Our attorneys have raised and argued issues on appeal on behalf of individual and corporate clients in both state and federal appellate courts, successfully upholding favorable decisions and reversing errors made at the trial court level. Our attorneys have represented individuals and corporate entities on a myriad of substantive legal issues in the following areas of law: banking, civil rights, contracts, and trademark infringement.
- Banking
Members of Chaffin & Burnsed, PLLC have worked in the banking industry for over 30 years, representing national, regional, and community banks. The services offered by the firm cover a broad range including, without limitation, residential and commercial real estate lending, asset based lending (accounts receivable, inventory, copyrights, aircraft, motor vehicles, etc.), secured transactions, foreclosure proceedings, and creditors' rights representation in bankruptcy. The attorneys of Chaffin & Burnsed, PLLC also have extensive experience providing counsel in the area of "special assets" and "work-out" solutions. The firm's extensive litigation experience provides a necessary service in the prosecution and defense of lawsuits.
- Bankruptcy & Creditors
Our attorneys have extensive experience in United States Bankruptcy Courts protecting the rights of creditors. The firm's clients include banks, financial institutions, and other creditors. The firm is experienced in handling all aspects of creditors' rights protection, including without limitation, Chapter 11 confirmation issues, nondischargeability actions, preference actions, valuations, cram downs, and fraudulent conveyances.
- Construction Law
The attorneys of Chaffin & Burnsed, PLLC represent property owners, developers, builders, general contractors, subcontractors, and other construction industry professionals in connection with multiple areas of the construction industry. Our attorneys' services include, without limitation, drafting, reviewing and negotiating contracts, filing and perfecting mechanics and materialmen's liens, and litigating and resolving disputes (i.e. construction deficiency, contract interpretation, payment disputes, etc.). Clients benefitting from the firm's services include local, regional, and national construction companies.
The firm's experience in the construction industry extends to matters related to development and construction financing for both residential and commercial developments.
- Contract Law
The attorneys of Chaffin & Burnsed, PLLC draft, review, and negotiate contracts of all kinds in the firm's areas of practice. The firm is prepared to handle contracts from the drafting phase to enforcement and collection, if necessary.
Extensive contract and litigation experience allows the firm's clients the added benefit of having an attorney who can anticipate and preempt litigation when drafting, reviewing and negotiating contracts. Should a contract dispute result in litigation, in the enforcement or defense of a contract, clients benefit from the firm's litigation support services.
Every individual and business requires, in some form at some time, assistance with the drafting, review, and/or negotiation of a contract. Depending upon the type of business and the needs of each client, a contract may be a non-competition agreement for an employee, a vendor's contract for the purchase of a product, a lease agreement for office space, a home purchase contract, or a service or performance agreement. There are many forms and types of contracts with which our business and individual clients are presented on a daily basis. Each and every one of these deserves careful consideration and a thorough review.
- Intellectual Property
Located in the heart of Music City, USA, Chaffin & Burnsed, PLLC represents clients in the intellectual property law areas of copyright, unfair competition, and trademark. In seeking to facilitate and grow the creative and entrepreneurial spirit of Nashville, our attorneys regularly provide legal services to writers, performers, visual artists, publishers, producers, and various others.
Our attorneys counsel clients with respect to the registration and licensing of copyrights and the selection, use, registration, and licensing of trademarks. This includes the drafting, review and negotiation of performance and licensing agreements, the assignment and perfecting of security interests in intellectual property, and the litigation of copyright and trademark infringement disputes.
- Litigation
The attorneys at Chaffin & Burnsed, PLLC offer clients experienced representation grounded in decades of jury and bench trial experience in both state and federal courts. The boutique firm is unique in that, despite its size, it provides litigation support in all of its practice areas.
While the vast majority of disputes are increasingly resolved prior to reaching the judge or jury, there remain those instances where a trial is necessary for a client named as a defendant or the only viable possibility for recovery for a plaintiff. In those instances, our attorneys possess the litigation experience and skills required to ably defend our clients or pursue a monetary judgment or injunctive relief on their behalf.
We have a philosophy upon which our practice is built -- a philosophy born of experience: attorneys who represent clients in the negotiation of contracts and are capable, when necessary, of litigating disputes arising from those contracts, represent a unique value to the client. Common sense will tell you that an attorney who litigates contract interpretation disputes over ambiguities in contract language is uniquely prepared to draft contracts free from ambiguities. We have learned from our clients that having an attorney who can not only advise them in the negotiation of a transaction, but protect them when the transaction is breached, is of considerable value.
- Real Estate
The real estate attorneys of Chaffin & Burnsed, PLLC utilize their extensive experience to assist clients in all aspects of real estate law and commercial and residential real estate financing. Financial institutions, owners, developers, borrowers and others receive counsel from our attorneys.
Since its inception, the firm has represented banks and lending institutions in connection with commercial real estate secured financing transactions. Financial institutions benefit from our attorneys' preparation, negotiation, and closing of commercial loan transactions secured by real estate in connection with apartments, assisted-living facilities, office buildings, medical facilities, and other commercial properties. Loan facilities of all types, including without limitation, acquisition and construction loans, development loans, interim and permanent financing, and multi-state participation loans, are typical of the loan facilities our attorneys are asked to document on behalf of our clients. In addition to conventional financing, our attorneys' also prepare loan documentation and close United States Department of Agriculture (USDA) participation loans and Small Business Association (SBA) loans.
The firm handles residential real estate financing transactions. Our attorneys routinely close conventional FNMA, FHLMC and FHA loans on behalf of clients, including numerous banks, mortgage companies, and other lending institutions. The firm closes residential transactions on behalf of purchasers and sellers alike. Long-term and growing relationships with banks and local realtors allow the firm to continue assisting clients in this respect.
Chaffin & Burnsed, PLLC also represents owners, operators, and developers of both residential and commercial properties. Our attorneys draft, review and negotiate contracts of all types pertaining to the real estate industry including, without limitation, architectural design contracts, sale/purchase contracts, construction contracts, lease agreements, lease/purchase agreements, and property management agreements.Type your paragraph here.