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Clark & Bellamy, P.C. is OPEN to serve you!

Please call (229) 228-5400.
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We want to assure you that our C&B team is here working to help you with your legal needs. Your safety, the safety of our families, and the safety of our employees are paramount. As we follow the CDC guidance, we recommend and support wearing a face covering while inside our building. We offer you offsite visits and enhanced telecommunication services upon request.

Brian and William offer several options for meeting with clients without in-person contact:

ZOOM video conferencing (includes dial-in)
Google Meet (includes dial-in)
Microsoft Teams (includes dial-in)

We offer several options for the transfer and execution of signed documents:

Post or courier
Local pickup and delivery
Scan and file sharing
Adobe Acrobat Professional with secure document management

Regardless of the need, Clark & Bellamy can work with you to complete all of the legal requirements without the need for close personal contact in accordance with the CDC recommendations.

Beware of Some Invention Promotion Firms

By Brian Bellamy

Beware of some unscrupulous invention promotion companies…

After one large promotion firm was required to disclose its track record, it turned out that fewer than 1 in 1,000 of its clients had earned more money than the fee charged. Merely asking dollar-wise questions about such things may cause unscrupulous promoters to seek more gullible sheep for fleecing.

The following list can be used as a guide to verify the credibility of an invention promotion company. The more red flag warnings a company gives, the more you should approach with extreme caution and consider not doing business with that company.

► The company refuses to provide in writing the number of ideas they have represented and how many inventors made more money than they invested.

► The company refuses to provide in writing the number of ideas that have been sent to then and how many they accepted.

► The company refuses to provide the inventor with at least three clients (preferably in the inventors own local area) that can verify their credibility.

► The company tells you to fully describe your idea in writing and then tells you to mail this information to yourself and not open the envelope. This ploy is used to give the inventor the false impression that the idea is somehow protected. In fact, it does absolutely nothing.

► The company recommends applying for a design patent without discussing the reasons and limitations in detail.

► The company runs slick ads on radio, television, and national magazines.

► The company offers a money back guarantee if a patent does not issue.

► The company provides a patent search without a careful discussion of the features and scope of the prior art or potential limitations on the scope of the claims for your invention.

► The company claims to have a financial interest in your invention but also asks for a fee. The Company most likely makes most of their money from fees.

► You can never directly reach the salesman without leaving a message. The salesman is most likely working out of his home and is using a phone drop.

► The company claims to be located in one State but all correspondence is postmarked from another State. Frauds commonly use fictitious addresses and mail drops to hide their true location.

► The company quotes an initial fee for a patent search and invention assessment without discussing the fees for patent application preparation, patent prosecution, issuance, and maintenance.

5 Times You May Need a Mediator Before a Lawsuit is Filed

By Brian Bellamy

A very large percentage of lawsuits filed in the court systems will settle before trial. Some settle early, but only after a lawsuit has been filed and much legal work has been completed. Others settle on the near the time of trial or even after a jury has been picked or the trial has begun. Mediation is a great way to avoid this time and expense and settle a dispute even before a lawsuit is filed. In mediation, a neutral third party called a Mediator hears a dispute between two or more parties and attempts to help the parties settle their dispute without actual adjudicating and deciding the case. Mediators may be practicing attorneys, retired judges or other professionals who are highly trained and work in the specialized field of mediation. William Clark is trained and certified as a mediator. The best mediators demonstrate neutrality in evaluating and resolving each case, and good mediators help the parties recognize the strengths and weaknesses of both sides of a dispute and the costs and risks of litigation. At the end of good mediation, both sides should be satisfied with the outcome. Below are some examples of situations that may be resolved without filing a lawsuit by agreeing to use a mediator.

Disputes at Work

Unions and trade groups are no longer as common or powerful as they once were. As a result, more individuals are on their own when resolving disputes with employers or fellow employees. Mediation is growing as a way for people in the private business sector to avoid litigation. Some examples of workplace disputes that may be resolved through mediation include disputes between employees, allegations of harassment, contractual disputes with employers and workers compensation claims.

Problems with Your Neighbor

Mediation is a cost-effective way to prevent litigation and resolve disputes between landlords and tenants, members of homeowners associations, small businesses and consumers, and neighbors in a neighborhood. Many community programs offer their services for free or at a nominal fee. Also, keep in mind that mediation can help maintain privacy between the people involved.

Small Claims

Many contract disputes over work by independent contractors, service agreements or significant purchases less than $20,000 can wind up in small claims court. Even this type of litigation can cost time and money in filing fees and preparation. A mediator can offer a less painful and less complex solution to help the parties resolve their differences without going to court.

Problems at School

Students and even teachers are often encouraged to settle disputes among their peers through mediators provided by the school. Whether the problem is truancy, discipline, grades, resources for special needs, or some other controversy, mediation is a viable alternative to formal complaints and hearings before a tribunal.

Family Interpersonal Issues

Arguments between family members and individuals may not even involve a legal claim but can still be emotional and lead to serious issues. Family, friend, peer, and roommate conflicts are often deserving of mediation to help find a solution. Sometimes, the mediator may be a professional counselor. Other times, a professional mediator may be best. A mediator can help bridge the gap between legal and personal issues so that everyone understands their rights and is satisfied with the end result.

Do I Need a Will? For Many Reasons, You Do!

By Brian Bellamy

The obvious reason to have a Will is to take care of a spouse and children. Without a Will, your property will be distributed according to a formula decided upon by the state. This formula will not take into account other assets that are not a part of your estate. Therefore, a Will can be very important to ensure that everyone you are responsible for is properly taken care of after your death. Having a Will is the right thing to do if you have dependents.

Parents can name whom they want to be the guardian of their children in a Will. While a Probate Court does not have to honor the Will’s directive concerning a guardian, it is a great way for a parent to express their preference and avoid disputes between other relatives over care of children if the parents die suddenly.

A Will is your last word. Without a Will, state law will decide what happens to your property when you die. You deserve to have a will and leave a legacy or gift no matter how small. A Will does not have to leave money. A Will could simply be a permanent testimony concerning your life or a loving message to someone you care about.

A Will can solve problems and avoid dividing the family land among heirs. With a Will, you can give away real property or personal property to the heirs and assigns of your choice.

With a Will, it is legal to leave something to someone for only their lifetime, a life estate, and then pass it along to someone else. This may even work for a charitable gift.

With a Will, you can leave your property to someone other than your spouse or other descendants, a bequest to third parties. This is especially valuable to combined families and people who feel a gratitude and appreciation toward a close friend or organization.

Doing a Will is a great opportunity to take care of other important needs. Many times, these other needs can be taken care of with minimal additional expense while a Will is being prepared. For example, a health care directive, similar to a living will, is a very important document to ensure that your family or medical providers know what type of care to give in the case you are incapacitated. Another example could be a document describing the details of your burial. A “Details of My Final Arrangements” can be prepared and given to loved ones during the preparation of your Will.

You decide! A Will allows you to decide who carries out your wishes. If you do not prepare a Will, the Probate Court will decide and appoint someone to administer your estate.

If you have no living relative, your property will go to the state unless you have a Will. A Will can direct that your property is distributed to a charity or non-relative if you do not have any surviving family. Even if you do have a family, you may want to leave a separate gift to charity to help others or support an institution that was important in your life.

A Will helps to reduce the cost of administering an estate. The Will can set forth the powers granted to the executor in a way that will minimize hassles and streamline the process of distributing the estate.

Have money? A Will can help manage and lessen estate TAXES!!!