Practice areas

Since its inception Johnston, Owen & Bullard has endeavored to develop a reputation for achieving positive results in a wide range of legal areas.  The following represents a few of the areas in which our firm has substantial expertise.

GENERAL CIVIL LITIGATION

Our attorneys have substantial experience in prosecuting and defending civil lawsuits in a variety of legal forums. We have successfully litigated claims in the local, federal, and appellate courts. We represent clients with disputes ranging from minor claims to multi-million dollar claims.

COMMERCIAL AND BUSINESS LITIGATION

Litigation can and often does impact the ability of a business to attain its goals and objectives.   Our litigators have a sophisticated understanding of the unique business environment in which business disputes occur, and we have successfully represented clients in various disputes including minor claims in the magistrate courts, complex commercial arbitrations, and jury trials in the state and federal courts.  Our primary service areas of commercial and business litigation include:

  • Defense of companies in employment related litigation involving civil rights discrimination under Title VII, gender discrimination under Title IX, and race discrimination under 42 U.S.C.§ 1981.
  • Claims involving the Fair Labor Standards Act and the Americans with Disabilities Act.
  • Claims related to the Georgia Workers Compensation Act.
  • Officer and director liability litigation.
  • Professional negligence defense for attorneys, accountants, and engineers.
  • Partnership and Limited Liability Company disputes and dissolutions.
  • Shareholder derivative litigation.
  • Disputes involving contracts, sales, and the Uniform Commercial Code including breaches, conflicts of interest, performance and consideration issues.
  • Warranty claims and disputes.
  • Enforcement and validation of covenants not to solicit and covenants not to compete together with litigation involving trade secret infringement and proprietary information disclosure.
  • Business fraud litigation.
BUSINESS FORMATIONS AND TRANSFERS

Johnston, Owen & Bullard has vast experience in the creation of various types of business entities including Subchapter S Corporations, C Corporations, Limited Liability Companies, Professional Corporations, General Partnerships, and Limited Liability Partnerships.  Our team will meet with you to discuss your business plan and give you competent advice to assist you in choosing your best option.  We will then guide you step by step through the process of implementing your particular business organization.    Our firm also regularly handles the sale and merger of companies, stocks sales, and asset sales for small companies as well as multi-million dollar corporations.

WHITE COLLAR AND CORPORATE INVESTIGATIONS

Our litigators offer clients assistance and guidance in state and federal investigations and prosecutions including matters related to the following:

  • Health care and Medicaid fraud
  • Bank fraud by officers and directors
  • SEC investigations
  • Environmental investigations by the Georgia EPD
BANKING & FINANCIAL MATTERS

Our business law litigators have extensive experience representing banks and lending institutions in an enormous array of matters.    Our firm regularly handles banking and finance matters in the following areas:

  • Collection actions including business and personal property foreclosure as well as pre- litigation work out strategies and resolutions.
  • Real property foreclosure including confirmation and deficiency actions.
  • Creditor bankruptcy litigation including claim filings, fraud investigations, dischargeability issues, and adversary proceedings.
  • Defense of lender liability issues including wrongful foreclosure, bad faith, fiduciary breaches, and bank fraud.
  • Director and officer liability litigation including civil and criminal defense actions involving various regulators.
  • Regulatory compliance issues.
  • Mortgage and security interest perfection issues and disputes.
PROBATE, TRUST AND ESTATE MATTERS

Our attorneys assist and provide representation in all aspects of estate planning and probate including:

  • Preparation of wills and trusts.
  • Will probate filings and administrations.
  • Administration of estates.
  • Investigation and litigation of various personal representative issues including malfeasance, self dealing, negligence, bad faith, fraud, and breaches of fiduciary obligations.
  • Investigation and litigation involving will forgeries, fraud and undue influence.
  • Trust litigation including trust modification, trustee issues, fiduciary claims, accounting issues, self-dealing, and fraud.
  • Filings to establish conservatorships and guardianships as well as investigation and litigation of various issues involving conservator and guardian misconduct.
Family Law and Domestic Relations

Our firm provides legal representation in all areas that concern family and domestic relations.

Divorce – We provide representation in both contested and uncontested actions for divorce and the ancillary issues related to these matters including child custody and visitation, child support, alimony, division of property, and allocation of marital debt.

Prenuptial Agreements – Our firm is experienced in preparing prenuptial agreements (also known as antenuptial agreements) for the purpose of asset and estate protection, and establishing spousal rights in the event of divorce or death.

Modifications – Our firm handles matters that involve the modification of Orders and Decrees previously entered by the Court including modification of child custody and modification of child support and alimony.

Paternity and Legitimation – We provide legal services in cases for children born out of wedlock when parents desire to establish child support, custody, and visitation rights.

Adoptions – Our firm provides representation in all types of adoptions including stepparent adoptions, adoptions by relatives of the child, agency adoptions, and adoptions through the Department of Human Resources.

Support Collection – We engage in efforts to collect unpaid alimony and child support through the establishment of income deduction orders, actions for contempt, garnishment, and levy.

Juvenile Court Matters – Our firm practices in the juvenile courts in cases concerning deprivation and termination of parental rights.

Name Change – We file motions to change the legal name of both adults and juveniles.

Real Estate Matters

Johnston, Owen & Bullard has dedicated a separate wing of its main office solely to real estate transactions and closings on residential and commercial property.  We opened our second office in McDonough primarily to meet the increasing demand for our services in the Henry County area.  Our offices have facilitated hundreds of real estate closings.   We also regularly engage in efforts to clear up title issues and boundary disputes.

Real estate foreclosures have become a significant part of our practice during the past several years.  Our firm assists institutional lenders as well as individuals with secured transactions and foreclosures.    We regularly file and defend foreclosure confirmation actions as well as lawsuits in pursuant of deficiency balances.

We have substantial experience in the preparation of residential and commercial leases that are tailored to the particular needs of our clients.  We regularly represent landlords and tenants in disputes related to the violation of residential and commercial leases.

Our firm also represents individuals and business entities in tax appeals resulting from overvaluation of real estate as well as zoning matters including rezoning and variances.

CREDITOR LAW

Our firm assists creditors with the filing of liens and acquisition of security interests under the Uniform Commercial Code.  We also litigate claims for creditors related to a variety of issues including matters that involve the United States Bankruptcy Courts.

CRIMINAL DEFENSE

Our attorneys defend individuals accused of misdemeanor offenses, felonies, and white collar crime in the state and federal Courts.    Our extensive experience and relationships oftentimes is the key to favorable outcomes in pre-arrest investigations, plea negotiations and, if necessary, trials on the merits.

PERSONAL INJURY

Johnston, Owen & Bullard is dedicated to assisting injured people in receiving the compensation that they deserve.   We believe that someone who has been hurt due to the negligence of another should be able to focus on their recovery.  Our objective is to promptly and diligently pursue a fair settlement that will compensate our client for their medical bills and lost income, as well as the pain, suffering, discomfort and inconvenience that they have experienced through no fault of their own.

WRONGFUL DEATH

If a person is killed because of the wrongful conduct another person or persons, the deceased individual’s heirs or other beneficiaries may file a wrongful death action against those responsible for his or her death.  Johnston, Owen & Bullard is committed to tenaciously prosecuting these claims although we realize that no amount of compensation can replace the loss of a loved one.

MEDICAL MALPRACTICE

Johnston, Owen & Bullard recognizes that physicians and other healthcare professionals may render care that falls below acceptable standards.  We believe that these professionals should be held accountable for their actions or inactions and that their patients should be adequately compensated.  Our objective is to promptly and diligently pursue a fair settlement that will compensate our client for the pain, suffering, discomfort and inconvenience that they have experienced through no fault of their own.