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.