Ringer & Simmons maintains office hours
Monday through Friday, from 8:00 a.m. to 5:00 p.m., and at other
times, by appointment. It is the policy of Ringer & Simmons
to allow clients to see an attorney by appointment. However, we
accept clients for consultation without an appointment, if an attorney
is available. To ensure that you will see an attorney at a time
which is convenient to you, please call and schedule an appointment.
Attorneys
MR. R. DAVID RINGER was born in Jackson, MS,
on December 29, 1952, and was admitted to the Mississippi Bar Association
in 1978. He first attended undergraduate school at Mississippi
College and received his B.A. in 1974, from Stetson University.
He attended law school at the Mississippi College School of Law,
and received a Juris Doctorate degree in 1978. He is a member of
the Mississippi Bar, and current or former member of the Mississippi
Oil and Gas Lawyers Association, Mississippi Prosecutors Association,
National District Attorneys Association, and the Mississippi Municipal
League, where he was President of the Lawyers Division from 1992-1993.
The heritage of Mr. Ringer is American Indian. Mr. Ringer is admitted
to practice in the Choctaw Tribal Courts. The law firm has registered
as a minority law firm.
MR. SAM SIMMONS was born in Utica, MS, on November
29, 1930, and was admitted to the Mississippi Bar Association in
1962. He attended the undergraduate school at Mississippi State
University where he received his B.S. in 1951, and he attended
law school at the Mississippi College School of Law, where he received
his L.L.B. and graduated cum laude. He is a member of the Rankin
County Bar Association and the American Bar Association and is
a veteran of the United States Air Force, 1st Lt., 1951-1953.
MR. WILLIAM NOBLE from Canton, MS, received a
B. S. from Mississippi State University, in 1974, where he graduated
Cum Laude and received a Juris Doctorate degree from the University
of Mississippi Law School in 1977. He is a practicing attorney,
with his practice centering on land work.
MRS. ANNETTE E. TRIPLETT-BEASLEY received a B.S.
in Accounting from Jackson State University in 1991; a Master of
Professional Accountancy from Jackson State University in 1995;
and a Juris Doctorate from Mississippi College School of Law in
1998. She formerly served as a Law Clerk for Mississippi Supreme
Court Justice Fred Banks. Areas of Practice ADOPTIONS: Adoptions are ever increasing in their
complexity. This firm offers representation of adoption through
private placement organizations or through individuals. We work
with adoptive or relinquishing parent(s) on the completion of formalities,
medical forms necessary for the health department, and genetic
information. Representation includes appearance before the Chancery
Court on the client’s behalf to conclude the adoption process.
The lawyer of the firm who customarily handles adoption work is
David Ringer.
ANCILLARY PROBATE: When title to real property
is required to be merchantable title and insurable title, but the
property owner died a resident of another state or country, in
which probate of the estate of the decedent may have been performed,
that probate must be recognized in a court in the county in Mississippi
in which the land is situated. This ancillary probate is primarily
handled by David Ringer and Sam Simmons.
ANNEXATION: Annexation is a process by which
a municipality, whether a village, town, or city, expands its municipal
limits. The procedure by which a municipality annexes land involves
the passing of an ordinance by the municipality in which land is
annexed. This is followed by the municipality petitioning a court
to approve as reasonable the annexation. The court can approve,
partially approve, or disapprove the annexation. Jurisprudence
from the Mississippi appellate courts has established a criteria
by which the reasonableness of an annexation is judged by the court.
Annexation litigation is usually expensive and time consuming,
as it necessarily involves a legal battle against the sovereign.
Frequently, experts are necessary as material witnesses for addressing
the merits of the claim. This firm represents municipalities or
parties and entities that wish to object to annexation. David Ringer
typically handles this type of work.
BANKRUPTCY: David Ringer has formerly been a
participant in Mississippi Bankruptcy Conference. David Ringer
is lead counsel in most bankruptcy representations. In a Chapter
7 Bankruptcy, the non-exempt assets of a debtor are liquidated,
such that they can be paid to creditors of the debtor. There are
certain kinds of creditors who receive priority over other types
of creditors. Secured creditors receive priority of payment over
unsecured creditors. In Chapter 13 Bankruptcies, wage earners can
have a court oversee a plan in which the time in which the debtor
can pay is extended and other terms relating to the debt are also
addressed. Sometimes debtors want to keep some of the assets that
have served as security for some of their debt. The firm primarily
represents creditors in bankruptcy court. The issues of whether
or not this can be done, and whether or not it should be done,
are issues that are properly addressed after counsel has been furnished
counsel with a detailed form on assets and liabilities. David Ringer
handles bankruptcy issues.
BUSINESS REPRESENTATION: Commerce between merchants
or consumers often requires negotiation of contracts. Enforcement
of contracts is also frequently needed. This law firm handles a
full gambit of representations in the business world. Leases are
negotiated and enforced. Contracts, pursuant to which parties do
business are negotiated and enforced. Lobbying for changes in law
or regulation are undertaken. Businesses are defended with regard
to contract breaches or warranty breaches. Businesses are structured,
re-structured, and/or merged, as business or tax needs require.
David Ringer primarily handles these issues.
CHILD CUSTODY: There are occasions when child
custody is handled through a Domestic Relations Order, or by establishment
of a Guardianship for a child, or by adoption. Sometimes parental
rights are terminated. Other times there are conditions imposed
upon visitation rights of a non-custodial parent. Alternatively,
joint custody is negotiated. Contested support proceedings require
a $5,000.00 retainer paid in advance.
When the decision is made to terminate the rights of a biological parent, adoption
is often the appropriate solution.
CIVIL DEFENSE: When parties are sued in civil
lawsuits for money damages or specific performance, a failure to
defend will result in the claimant obtaining a judgment by default
for the money sought, or the performance sought. The defense of
such suits, whether funded by insurance or not, is routinely done
by David Ringer and Annette Triplett-Beasley.
COLLECTIONS: With the ever increasing problem
of bad debt, both business, and personal, our offices offer collection
services in the recovery of those debts. Our services range from
a simple collection letter to the filing of lawsuits, court representation
and filing for a levy of the debtor’s assets. Sometimes,
a person has a problem and attempts to collect debts, to which
attempts the debtor needs defense. David Ringer typically handles
this type of work.
CONSERVATORSHIPS: Older adults often get to a
point in life where that they either have difficulty tending to
their business, cease to want to tend to their business, or are
unable to tend to their business. Sometimes a Guardianship is established
for such a person. At other times a Conservatorship is established
for such a person. The Conservator that is appointed by the Court
becomes responsible to the Court for seeing that the business of
the Ward is appropriately handled. Unless the Conservator is an
attorney, Mississippi law requires that the Conservator have legal
counsel to assist with meeting the formalities of the law. David
Ringer typically handles this type of work. Fees are charged for
representation of a Conservatorship or a Guardianship on an hourly
basis. However, no fee is paid until approved by the court.
CRIMINAL LAW: David Ringer serves as the City
Prosecutor for the City of Florence, Mississippi. Therefore, no
attorney in this firm can handle criminal defense work.
DEBTOR/CREDITOR: Transactions involving enforcement
of debtor rights and creditor rights are routinely handled aspects
of commercial law. David Ringer handles these type matters.
DOMESTIC RELATIONS: This firm handles domestic
relations cases, including those involving divorce, modification
of Final Judgment of Divorce, child support, and custody matters.
The attorney with whom you speak will plainly and confidentially
discuss your situation and options, and candidly answer your questions
as to the possibilities of obtaining your goals. Contested Domestic
Relations cases require a minimum retainer of $5,000.00.
EMINENT DOMAIN: Public agencies often require
buildings or vacant lands on which to locate roads or pipelines.
People sometimes own landlocked land. Eminent domain procedures
are used to obtain such rights. Value of the land taken is often
at issue. David Ringer is usually lead counsel in prosecution or
defense of eminent domain proceedings.
ESTATES: Ringer & Simmons handles the probating
of estates of people with no wills, hand-written wills, and more
formal wills, with or without trusts. Sometimes a death is followed
by a need to deliver clear title to real or personal property of
the decedent, to bring or defend a lawsuit for the decedent, or
any number of matters. David Ringer does this type work.
FORECLOSURES: When an Installment Promissory
Note that is secured by a Deed of Trust (Mortgage) is in default,
remedies include foreclosure. This allows the creditor to obtain
real property that was placed as collateral for the note. David
Ringer has handled non-judicial foreclosures, which constitute
the bulk of foreclosures. Foreclosures do not require court appearances,
only the rendering of updated title certification and filing of
appropriate legal notices in newspapers, and may include other
notices to the debtors. Sometimes there are reasons that a non-judicial
foreclosure cannot be successfully effected. In that event, a judicial
foreclosure, requiring a lawsuit to be filed, is undertaken. David
Ringer performs most of the judicial and non-judicial foreclosures.
GUARDIANSHIPS: Generally, parents of a child
will serve as the natural guardian of the child. There are sometimes
occasions when a parent is not the appropriate person to serve
as the person legally responsible for a child. A Guardianship is
established for the child, such that a Guardian can be appointed
for the child. At other times, the child needs to deal with business.
When a child has assets that exceed ten thousand dollars, the child
will have those assets managed under court supervision. The person
managing the assets will be the Guardian of the child. In that
instance, the Guardian appointed by the court is usually a parent
of the child. If a parent of a child dies, as a result of the negligence
of another, a Guardianship is often established for the child of
the decedent. The court has the Guardian file a lawsuit on behalf
of the child as against the responsible party. A settlement of
the claim can only be done after the court approves of the settlement.
David Ringer typically handles this type of work. Fees are charged
for representation of a Guardianship on an hourly basis, but no
fee is paid until approved by the Court.
HEIRSHIP ADJUDICATION: Heirship adjudication
is usually done for one of two reasons: (1) To obtain merchantable
title and insurable title, the identity of all heirs must be determined
as between children or grandchildren or great-grandchildren, especially
when their identities are not otherwise set out in title records;
(2) To formally and finally establish wrongful death beneficiaries.
David Ringer handles heirship adjudication.
HUNTING CLUB LEASES: Hunting club leases are
formalized into a written and recordable instrument as the best
protection to all parties involved. David Ringer primarily deals
with these issues.
INCORPORATION: Many businesses incorporate for
tax reasons. Some businesses incorporate in order to insulate other
assets of business principals from liability for business risks.
Some small businesses set up so that the interest of a shareholder
is taxed as a part of the individual income of that person. These
businesses are sometimes called Section 1244 businesses or sub-chapter
S businesses. Some corporations need to be taxed as to gains and
losses in their own right. These are often called C corporations
or conventional corporations. Limited Liability Corporations are
discussed under that topic. David Ringer generally handles these
corporate issues.
INSURANCE COVERAGE DISPUTES: This firm offers
representation to an individual who has had a lawsuit filed against
him/her and his/her insurance company expresses a reservation as
to whether or not the person has coverage. The firm will work to
resolve the issues so as to allow its client to receive the fullest
amount of coverage from the insurance company. David Ringer primarily
handles this type of dispute and the litigation that frequently
results.
INSURANCE DEFENSE: This firm has represented many insureds
of many insurance carriers over the years. This work is primarily done by
Annette Triplett-Beasley and David Ringer.
LAND LAW: Land law representation can include
ownership determination, lease negotiation, title defense work,
suits to quiet title, title confirmation suits, tax deed confirmation,
heirship adjudication or determination, and probate of estates.
David Ringer primarily handles these matters.
LANDLORD & TENANT: Lease negotiations, perfection
of leasehold interest, and lease enforcement are handled from either
the side of the landlord lessor or of the tenant lessee. David
Ringer routinely handles these matters.
LIMITED LIABILITY CORPORATIONS (LLC's): Limited
Liability Corporations, while allowed in many states in the Union
for many years, have recently been allowed to be formed under Mississippi
law. Limited Liability Corporations sometimes have more flexibility
in providing a qualified retirement and benefit program for management
than other corporate forms. Limited Liability Corporations can
be used to limit liabilities as between professionals who are working
togther in the same business structure. An example would be two
civil engineers who practice civil engineering together, yet neither
wants to face the prospect of bearing responsibility for the malpractice
of the other. David Ringer primarily handles these corporate issues.
MINERAL LEASING: The firm represents both oil
and gas companies that need title determined, and leases negotiated.
The firm represents mineral owners desiring assistance in negotiation
of terms of Oil, Gas and Mineral Leases, Royalty Division Orders,
and Rental Division Orders. David Ringer primarily handles these
duties.
MORTGAGE BROKERS: Mortgage brokers and mortgage
bankers are represented in order to qualify to do business in Mississippi.
Failure to do so results in violation of the law. Mortgage broker
and mortgage banker qualification and compliance are handled by
David Ringer.
NAME CHANGES: This firm drafts petitions to the
Court to effect name changes, which involve obtaining and preparation
of various documents to be attached to the petition. A lawyer will
also make the courtroom appearance with the client.
OIL AND GAS WORK: Landowners and oil companies
sometimes have a need to not only know the ownership of the surface
estate of land, but also need to know the ownership of mineral
interest and royalty interest. The mineral estate is often severed
from the surface estate, such that the ownership of minerals and
royalty is different than the ownership of the surface. Sometimes
the ownership of the royalty interest is different from the mineral
interest from which a royalty estate has been severed. Title opinions
and title examinations for oil and gas title is a specialty within
the field of title law. David Ringer typically handles this type
of work. This type of work is handled on an hourly basis.
PARTITION OF LAND: In Mississippi, when a person
dies without a will (intestate), land passes in undivided shares
to the heirs at law. When an owner heir wishes to have divided
out his/her share into a specific parcel upon which a merchantable
title can be secured, partition of land accomplishes that result.
David Ringer handles partition of land.
PARTNERSHIPS: Partnerships are often divided
into the categories of general partnerships and limited partnerships.
Many general partnerships are formed without formal structure.
Many general partnerships require dissolution agreements at best,
and litigation at worst, when the partners disagree. Limited partnerships
involve some partners who run the partnership and have unlimited
liability for that which the partnership does; and limited partners
whose liability is limited and whose management responsibilities
are insignificant, if there is any at all. David Ringer primarily
deals with limited partnerships.
PERSONAL INJURY: When a person or business is
damaged by the negligence of another person or business, the person
who is damaged can file a lawsuit for those damages. The general
damages may include property damage, loss of income, temporary
or permanent, partial or total disability, pain and suffering,
mental anguish, loss of companionship, loss of consortium (a legal
term for the inability to engage in intimate marital relations),
paralysis, mental impairment, psychological problems, dismemberment,
scarring, or death. This law firm prosecutes personal injury lawsuits
and defends personal injury lawsuits. In the immediate wake of
a traumatic event in which the negligence of one causes injury
to another, there is an understandable lack of a desire to deal
with legal issues. However, whether defending a case or prosecuting
a case, a prompt investigation done by legal counsel is usually
vital. When a defense is funded by an insurance company, large
negligence cases are promptly investigated. When personal injury
victims promptly retain counsel, a prompt investigation is usually
undertaken. Defense of personal injury cases is done on an hourly
basis. Prosecution for personal injury lawsuits is done on an hourly
basis or a contingency basis. Most personal injury lawsuits are
handled on a contingency basis.
There are occasions where bereavement or recovery period from
a wreck will delay the time before the injured person consults
with an attorney. During the interval, some offer of settlement
may be made. The initial focus of our law firm will then include
an analysis of whether the injured party would be better off accepting
the settlement, thereby averting the burden of a percentage of
the settlement being paid to counsel, or whether additional representation
would be likely to merit the retaining of counsel. A hybrid contingency
contract that does not provide for counsel to receive a percentage
of the funds already offered can be considered. This is especially
true of small claims. When a prompt investigation is not needed,
clients will sometimes opt to consult with counsel without retaining
counsel upon a contingency basis. The settlement that can be netted
without retaining counsel on a contingency basis is then assessed.
PRIVATE PLACEMENT MEMORANDUM:
When a business person does not desire to sell a volume of stock to investors,
but does wish to solicit investors within Mississippi, a private placement
memorandum can sometimes be structured, such that Securities Exchange Commission
(SEC) approval is not required. David Ringer handles private placements.
PRODUCTS LIABILITY: When a product fails to perform
in accordance with proper design and/or in the manner in which
it was intended, a products liability claim results. David Ringer
primarily handles products liability issues.
PROFESSIONAL NEGLIGENCE: This law firm has prosecuted
and defended professional negligence claims, sometimes called malpractice.
Medical malpractice, engineering malpractice, and accounting malpractice
are all examples of professional negligence claims. David Ringer
primarily handles professional negligence issues.
PUBLIC SECTOR LAW: Municipalities and water/sewer
districts annex property, acquire rights of way and purchase in
compliance with public bid laws. David Ringer and Sam Simmons engage
in this area of practice.
REAL ESTATE CLOSINGS: Mortgage brokers, mortgage
bankers and other financial institutions will normally require
that title be merchantable and insurable before being willing to
loan money, real estate is usually placed as collateral. When new
homes are built and new financing is required, then permanent financing
is required, or when a mortgage or deed of trust is refinanced,
this law firm often will handle such a closing. Of course, when
parties convey land to others, whether with or without the services
of a realtor, this firm often conducts the closing. David Ringer
is an agent of First American Title Insurance Company, Mississippi
Valley Title Insurance Company, and Chicago Title Insurance Company.
The firm handles closings for clients whose mortgage companies
include AmSouth Mortgage Company, BancorpSouth Bank, First Tennessee
Bank, N.A., Metro Mortgage Company, Peoples Bank of Mississippi,
Realty Mortgage Corporation, Trustmark National Bank, Union Planters
Bank, Copiah Bank and many others.
SIXTEENTH SECTION LEASES: In Mississippi, one of every thirty-six
(36) square miles (the sixteenth section of each thirty-six sections) is
allotted for schools. Such lands are frequently leased for the benefit of
school children. Negotiation of sixteenth section leases and defenses of
re-negotiation of such leases is primarily handled by David Ringer.
SUBROGATION: This firm has handled a volume of
subrogation cases for insurance companies.
TITLE CERTIFICATIONS: Title certification for
surface estates of land is simpler than title certification for
mineral estates. Each involves a title search in which title deraignment
occurs. Tax liens, judgments, and ad valorem tax payments are checked.
David Ringer primarily handles this type certification.
TITLE CLEARANCE: Sometimes there are errors in
descriptions in deeds. Other times people sign deeds at a time
when they are without mental capacity to validly sign. Sometimes
people are coerced into signing deeds. Many times people die without
the benefit of having a will. When a person dies without a will
in Mississippi, the interest of that person in real property will
pass in equal shares to a surviving spouse and the children the
decedent had during his/her lifetime. If a child pre-deceases a
parent, the interest held by that child would pass to the issue
of that child (grandchild of the decedent). All the preceding circumstances
are representative of some of the reasons that title problems arise,
with regard to land. Generally, when an owner of land has a need
to execute a timber deed, an Oil, Gas and Mineral Lease, a deed
of trust, a mortgage, or a deed in which merchantable title and/or
insurable title is to be granted, all title problems need to be
resolved. Title examination, title certification, title insurance,
and title curative work are primarily done by David Ringer and
William Noble.
UNIFORM COMMERCIAL CODE LAW - UCC LAW: Article
2 and Article 9 of the Uniform Commercial Code are central in many
commercial law matters. David Ringer handles Uniform Commercial
Code Law matters.
UNIFORM COMMERCIAL CODE (UCC) TRANSACTIONS: In
both commercial law and personal law, a need exists for representation
in lawful written business documents through which creditors have
secured positions. David Ringer handles UCC law.
WARRANTY CLAIMS: Defense of breach of warranty
claims is undertaken by the law firm. Prosecution of breach of
warranty is undertaken by the law firm. David Ringer primarily
deals with these issues.
WILLS AND TRUSTS: We understand that one of the
personal tasks a person must undertake is the drafting of a will
and/or a trust to decide how his/her estate is to be divided upon
his/her death. The attorney will advise the client of certain advantages
and disadvantages in the division of property in a variety of ways.
A Trust is an entity that holds and manages the assets for a person
or group (e.g. grandchildren, a business, or charity). Often a
Trust is the more advantageous planning device. At other times,
a will is more advantageous. David Ringer and Sam Simmons primarily
draft wills. David Ringer primarily drafts trusts.
WRONGFUL DEATH: One type of damage suit is one
in behalf of wrongful death beneficiaries. Wrongful death suits
are often vigorously defended, when a contested identity of wrongful
death beneficiaries is judicially determined. Under Mississippi
law, wrongful death beneficiaries are sometimes different than
heirs at law. This firm both prosecutes and defends wrongful death
suits. |