Edward M. Graves, Jr.
Edward M. Graves, Jr. is a 1978 graduate of the University of Tennessee College of Law. He has engaged in the practice of law for over 44 years. He is licensed to practice law in all Tennessee state courts, the eastern and middle district federal courts, and the United States Supreme Court. He has worked as an attorney representing personal injury litigants, legal malpractice victims, and in general civil practice. Mr. Graves is certified as a legal malpractice specialist by the American Board of Professional Liability Attorneys.
Mr. Graves handled his first legal malpractice case in a case filed in the Superior Court of San Francisco back in the early 1980’s, and has enjoyed litigating legal malpractice cases since that time. He has handled cases against sole practitioners and lawyers in big firms ever since. He has handled cases against lawyers from Pennsylvania to Florida, and places in between, including Kentucky. One of the biggest frustrations in handling legal malpractice cases is that when these cases resolve, the defendant lawyer(s) inevitably require the client to sign a confidentiality agreement, which prevents Mr. Graves from stating here the very interesting facts surrounding the various types of legal malpractice cases that he has handled over the years and how much he has recovered for his clients.
When starting as a lawyer, Mr. Graves worked for a Knoxville law firm handling defense work for insurance companies, and then expanding into representing victims of wrongdoing. He formed his own law firm in 1988 in Knoxville, Tennessee, and has represented injury and legal malpractice victims and their families throughout Tennessee and other states ever since. He has no hesitation in representing persons and corporations, including insurance companies, in cases where a lawyer's neglect has caused significant harm.
Mr. Graves is very concerned that many people do not appreciate the fact that Tennessee has a very short statute of limitations and as a consequence, they do not call for assistance until the time to file their legal malpractice lawsuit has already expired.
Mr. Graves wants to make sure that the public understands that filing a grievance or a complaint with the Tennessee Board of Professional Responsibility does NOT stop the statute of limitations clock from running on any given case.
Quite too often, Mr. Graves sees circumstances where a lawyer “messed up” his client’s case and then tells the client “don’t worry, I can fix this. I can file an appeal and we will win it”. While this might sound good to the client, such an appeal to “fix” the problem does NOT stop the statute of limitations clock from running on the case, and by the time the client victimized by legal malpractice contacts Mr. Graves, the deadline has passed to file a legal malpractice lawsuit, and the client is often left without a remedy. Mr. Graves believes the better practice for those who believe they have been wronged is to immediately call him in order to preserve their rights. Mr. Graves has also been hired by victims of legal malpractice to file a legal malpractice against that lawyer, and then “stay” the legal malpractice case until the offending attorney has the time and opportunity to “fix” whatever problem existed. If the problem is “fixed”, then the legal malpractice case can be dismissed, and the client’s rights have been protected by stopping the statute of limitations from running. The filing of a Complaint in court against a malpracticing lawyer stops the statute of limitations from running even if the appeal proceeds.
He and Mr. Day have handled many cases together for over 25 years. A significant number of cases have been in the area of legal malpractice.
Mr. Graves’ hobby is fly fishing in saltwater and he loves to cook.
J.D., University of Tennessee College of Law, 1978
B.S, University of Tennessee College of Law, 1974
United State Supreme Court
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Eastern District of Tennessee
U.S. District Court for the Middle District of Tennessee
American Bar Association
Tennessee Bar Association
In re Donald Brandt, Debtor. Donald Brandt, Plaintiff, v. Joe Weyant, Joe Weyant Attorney at Law, PLLC, Tracy Ann Puckett, Dennis Stanford, Lowry Shrader, Julianne Broden, Keller Williams Realty, Lance Miller, the Kennedy Law Firm, PLLC, Carrie Gasaway and Sharon Massey, both individually and a/b/a Gasaway Massey, and Farmers Merchants Bank, Defendants.
Bankruptcy No. 3:09-bk-08066, Adversary. Nos. 3:09-0305A, 3:09-0416A. See also 437 B.R. 294 (U.S. Bktcy. M.D. Tenn. 2010)
United States Bankruptcy Court, M.D. Tennessee.
This case developed from a variety of claims, including legal malpractice claims, embezzlement claims and wrongful banking practices claims. The court also had a published decision based upon the Servicemembers' Civil Relief Act of 2003 (SCRA), 50 U.S.C. app. § 526, where the debtor as an active serviceman was allowed to pursue his claim. Many of the attorney malpractice claims were resolved, and the wrongful banking practices claim against Farmers and Merchants Bank went to trial, where we obtained a substantial verdict for the debtor, including an award based on actual fraud.
Robbins, et al v. Money, et al C/A NO. 03A01-9703-CV-00072 - 1997
This claim involved a wrongful death, and the parties agreed to arbitrate. The estate obtained an arbitration award of $548,431.80, being 70% of the plaintiff’s damages, and a judgment was entered for $100,000, being the amount authorized by a pre-arbitration “high-low” agreement. The defendant appealed, and the Court of Appeals found the appeal to be frivolous and remanded the case to have the trial court award attorneys’ fees to the estate.
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