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Josephine E. Lewis
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Josephine E. Lewis
The Loftin Firm
407 Main Street
Suite 205
Franklin, TN 37064
Phone: (615) 567-6722 | Fax: (615) 567-6723
http://www.loftinfirm.com
Attorney for Entrepreneurs!
Legal Topic
Business Law
Preferred New Clients
With respect to business law, I prefer to represent the small to medium-sized business that allows me to act as "outside general counsel;" in other words, I prefer managing everything for the business from contracts to leasing/commercial real estate to employment issues. This type of relationship allows me to know the client and the client's business model best which, in turn, allows me to most effectively represent them.
Sub-Categories
Business Law
- Mediation/Alternative Dispute Resolution (ADR)
- Crops
- Equine
- Farms & Ranches
- Livestock
- United States Department of Agriculture (USDA)
- Commercial Banks & Loans
- Commercial Leasing
- Credit Unions
- Mortgages & Foreclosures
- State & Municipal Bonds & Financing
- Reorganizations & Restructuring
- Workouts
- Liquor Licenses
- Business Successions
- Buying & Selling
- Closely Held Businesses
- Corporations
- Directors' & Officers' Liability
- Franchising
- Joint Ventures
- Limited Liability Companies (LLCs)
- Mergers, Acquisitions & Divestitures
- Nonprofits & Tax-Exempt Corporations
- Partnerships
- Professional Corporations
- Public Offerings
- Shareholders' Rights
- Trade Associations
- Breach of Contract
- Contract Disputes
- Contract Drafting & Review
- Employment Contracts
- Franchises
- International Transactions
- Lemon Law
- Non-Compete Contracts
- Secured Transactions
- Uniform Commercial Code
- Warranties
- Commercial Construction Contracts
- Art
- Communication & Media
- Music
- Sports
- Tourism, Travel, & Leisure
- Film
- Literary Arts
- Publishing
- Television
- State & Municipal Contracts
- Commercial Insurance
- Directors' & Officers' Liability
- Errors & Omissions
- Fidelity, Guarantee, & Surety
- Health Insurance
- Life Insurance
- Property Insurance
- Foreclosures
- Truth in Lending
Legal Topic
Wills, Trusts & Estates
Preferred New Clients
In estate planning, I enjoy representing young families who are seeking assurance that they can effectively plan for their children as well as the elderly, whose planning issues differ from a young family. I also represent clients who seek a conservatorship or guardianship over a loved one who needs their assistance.
Sub-Categories
Wills, Trusts & Estates
- Nolo Document Review
- Health Insurance
- Life Insurance
- Property & Casualty
- Shareholder Disputes
- Estate Taxes & Gift Taxes
- Income Taxes
- Power of Attorney
- Property Taxes
- Tax Planning
- Charitable Giving
- Charitable Trusts
- Drafting Trusts
- Drafting Wills
- Estate Administration
- Estate Planning
- Living Trusts
- Living Wills
- Probate
- Asset Protection
- Guardianship
- Power of Attorney
- Business Succession Planning
- Special Needs Trust
- Supplemental Needs Trust
- Revocable Trust & Irrevocable Trust
Bar Admissions
CA, Dec 1998
Bar Number: 198026
TN, Dec 2007
Bar Number: 026725
Other Court Admissions
Tennessee Supreme Court and California Supreme Court.
Association Memberships
Tennessee Bar Association, Williamson County Bar, San Diego Bar Association, American Bar Association, Franklin Chamber of Commerce, Franklin Noon Rotary Club, Carlsbad Chamber of Commerce.
Continuing Education
I attend continuing legal education seminars in both California and Tennessee on topics including estate planning, conservatorships, business law, real property, and family law. I also take several hours of ethics courses a year. My classes include instructors from the National Business Institute, the American Bar Association, the California Bar Association and the Tennessee Bar Association. I always exceed the required amount of continuing legal education.
Example Cases
I handle conservatorships; i.e., proceedings where a relative (generally speaking) seeks control over a disabled relative's finances and health care.
I act as "outside general counsel" for businesses. In such capacity, I assist with their business formation and compliance, contracts, leasing, real estate, employment issues (including hiring and termination, employee benefits, drug policies, payroll issues, etc.), and minority-owned or small business certification.
Education
Degree:
Juris Doctor
School:
University of San Diego School of Law
City:
San Diego
State:
CA
Year:
1998
Honors:
Yes, Magna Cum Laude Graduate (#13 in class of over 300); Law Review Member; American Jurisprudence Awards (Tax, Criminal Law, California Civil Procedure); Order of the Coif
Focus and Accomplishments:
Law Review; Business Law, Family Law, Estate Planning
Degree:
B.A.
School:
San Diego State University
City:
San Diego
State:
CA
Year:
1994
Honors:
Graduate with Distinction (top 5 graduating students in major); Mortar Board member
Focus and Accomplishments:
International Business, French, European History
Number of Attorneys
6
State Licensed In
Tennessee and California
Firm Focus and History
The firm was established in 1980 by the current Founding Partner, L. Sue Loftin. It has always been a full-service firm with a commitment to excellence in client-service and work-product. The level of professionalism that lawyers at The Loftin Firm offer, in addition to our commitment to communication and loyalty to clients, makes The Loftin Firm a special place to turn to for legal counseling and representation.
Our firm is a full-service law firm with litigation and transactional departments. Our lawyers each come with an area of expertise that allows the firm as a whole to handle any matter relating to real estate, business law, estate planning, or elder law. We represent individuals, companies, municipalities, homeowners' associations, and other nonprofit organizations. Our team of lawyers manages cases that involve conservatorships, probate, property disputes, commercial real estate transactions, employee benefits, employment law, business law, etc. The substantive focus of the firm is broad; each client's individual need is the primary focus of the firm.
Previous Employment Summary
Summer Associate/Associate - Gibson, Dunn & Crutcher (Employment Litigation/Employee Benefits); Associate - Pillsbury, Winthrop, Shaw, Pittman (Employee Benefits/Executive Compensation/Corporate).
Activities and Awards
I do Pro Bono work for indigent clients in need of elder care/estate planning representation.
What is your opinion regarding clients educating themselves on legal issues?
Although all of the attorneys in our office are here to help as much as possible, I believe that clients should take the initiative to understand their case or matter. A basic understanding of the facts of the case coupled with a very basic (even rudimentary) understanding of the law, helps me effectively discuss the case with the client and plan a strategy or roadmap for the client's matter. I don't mind if a client "knows enough to be dangerous" so long as the client will listen to my advice (even if it conflicts with the internet advice) and actively participate in his or her matter.
Are you willing to review documents prepared by clients?
I know that clients often go to a website, download the cheapest "legally compliant" document, and represent themselves. Many of those clients begin to worry about the effectiveness of their documents after the fact and come to me for help. This happens particularly in regards to estate planning documents or company formation (be it an S-Corp, LLC or LLP). I don't mind reviewing documents, but I often tell clients that it will be cheaper for me to redraft them from scratch than to "fix" the original.
Are you willing to coach clients who want to represent themselves?
I don't coach clients who want to represent themselves because it puts the firm and I at a higher risk for professional malpractice exposure. If you come to our office, you have to have a retainer agreement on file with the firm. In exchange, you will receive a team of highly competent lawyers to assist you so that you do not have to represent yourself.
Why did you decide to be a lawyer?
My parents are both lawyers, so I grew up around the law. I spent many a school break in a courtroom, city council hearing, or just in the office. Through that experience, I learned that good lawyers help others; they are approachable and patient; they make the law understandable and the legal process less intimidating. I wanted to follow in the footsteps of my parents and make the lives of others easier and more fulfilling.
What work experience and education helps you be a better lawyer?
My professional experiences have allowed me to see the hardships that people face in their lives, and that a qualified, caring lawyer can often help them. I have had many occasions to counsel clients in a manner that allows them to keep their homes; obtain conservatorships over adult relatives or a guardianship over loved, but neglected minors; or hire and retain top talent for a business or do a reduction in force when times are difficult. I have performed legal work for the largest of companies and the poorest of individuals - all with an eye on the client's needs and objectives.
From a personal perspective, my parents have both run their own law firms for years, and that allowed me to see a business from a business-owner's perspective. I have helped my grandmother with Alzheimer's obtain the care that she requires on a daily basis. I have counseled family members and friends through a myriad of legal issues over the years, from elder care to adoption to business formation and compliance.
Why did you decide on your primary area of practice?
I focus on two primary areas - business law and estate planning/elder law. I chose both areas because each allows me to tap into my knowledge and experience in a different way to solve problems for and counsel clients. Each also allows me to get to know my clients well so that they feel comfortable being open and honest with me— something that allows me to represent them most effectively.
What do you like best about your career?
I like helping people, whether individuals or business owners, solve problems. I like seeing the client through what seems like a difficult time to the light at the end of the tunnel. There is no better compliment than, "Thanks for your help."
Tell us about your law firm:
There are five other lawyers at The Loftin Firm, each with a different expertise. Therefore, no matter has to be referred out of the firm. Generally speaking, clients deal with the lawyer handling their matter directly; rarely does work get sent to a paralegal or secretary. However, we do have an excellent paralegal to file business and real estate documents, as well as a paralegal to file litigation documents and calendar litigation matters. We also have a top-notch receptionist who knows all of the clients' names, histories, and the status of their matters.
What are your strengths and style?
My strengths are: great attention to detail, excellent public speaking skills, top-notch legal research and drafting skills, great communication with clients and openness to learn and keep abreast of the latest developments in the law.
My style is open and approachable. I care about each client and I want each client to know that.
Personal Interests:
Outside of work, I spend the majority of time with my family. I love to watch my daughter ride horses and my son play football. I like cycling, cooking, roller skating, reading and traveling with my husband, daughter and son. I also volunteer at my children's school, which gives me great pleasure. I am an advocate for education and a proponent of offering a plethora of children's resources in our communities. I also enjoy the history that my hometown of Franklin offers my family and I. We love reading about the things we see in our daily lives.
Office Manager/Assistant
Kelly Sweet.
Fax
(615) 567-6723
Office Hours
Monday through Friday
9:00 a.m. to 5:00 p.m.
Emergency After Hours
Yes
Foreign Languages
Yes, Spanish.
Additional Offices
Carlsbad, TN
5760 Fleet Street
Carlsbad, TN 92008
Franklin, TN
407 Main Street
Suite 205
Franklin, TN 37069
Fixed-Price Services and Fees
Most of the time, drafting estate planning documents is done at a flat fee that ranges from $1,500 to $2,500, depending on the complexity of the family issues that provide the background for the documents. This price includes a trust, will (up to two), power of attorney for financial purposes (up to two), health care directive (up to two), and certification of trust. This fee does not include funding a trust which is done at an hourly rate.
Hourly Rates
$175 per hour; paralegal time is less.
Free Initial Consultation?
No. I charge a $175 flat fee for an initial consultation.
Typical Retainer
For estate planning clients, it is the flat fee that is quoted; for all matters that are billed hourly, the minimum retainer (unless other arrangements have been made with the firm in advance) is $1,750 (reflecting 10 hours of my time).
Nolo's Licensing Check
Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the applicable bar associations upon joining the directory.
Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any bar association.
