Our Expertise

Attorneys at Brannen, Searcy & Smith, LLP practice civil law with a wide variety of specialization areas. Our primary areas of practice include civil litigation, including personal injury defense litigation, construction claims, professional liability claims, workers’ compensation, commercial banking, creation of business entities, resolution of business disputes, creditors’ rights, real estate, taxation, trusts and estates, and mediation services.

Civil Litigation

Our litigation practice includes plaintiff matters and extensive defense litigation, both for insurance carriers and self-insured clients. Our expertise includes municipal and professional malpractice, liability defense, business disputes, contract claims and workers’ compensation defense for both insurance companies and self-insured clients. The firm handles civil litigation in federal and state courts for both Georgia and South Carolina, including the pursuit of collections when needed.

Brannen, Searcy & Smith, LLP has numerous seasoned trial attorneys who have handled cases in all areas of civil litigation. While the firm historically has focused in the areas of personal injury defense litigation, the firm presently handles a wide range of litigation matters, including injury and wrongful death cases arising from automobile, bike and pedestrian collisions, trucking accidents, boat and airplane accidents, construction accidents and OSHA violations, premises liability, product liability, nursing home liability, toxic and mass torts, medical malpractice, and other forms of negligence.

Construction Litigation

Our expertise in construction litigation covers building improvements of all sizes and scope from basic, residential work to enormous, complex commercial projects. Our attorneys also specialize in representation of owners, general contractors, engineers, architects and subcontractors.

Real Estate

Brannen, Searcy & Smith, LLP provides representation in all facets of real estate law including legal issues relating to acquisition of property, financing, property disputes, leases, broker issues, land use and zoning, as well as leasing and selling commercial and residential real property of all kinds.

Our real estate practice handles both commercial and residential matters. The commercial real estate practice includes representation of large investment tracts, developers of shopping centers, motels, commercial office buildings as well as lenders, owners and investors. The residential side of the real estate practice includes representation of both lenders and buyers.

Mediation Services

Certified mediator Daniel Cohen provides mediation services for all types of civil disputes. These types of claims include, but are not limited to, disputes involving personal injury, medical and professional malpractice, construction defects, contract disputes, tort claims, business disputes, employment disputes, contract claims and disputed probate matters. To inquire further, please contact Daniel Cohen.

Professional Liability Defense

Brannen, Searcy & Smith, LLP attorneys represent professionals against claims involving medical malpractice, accounting malpractice, legal malpractice, and claims asserted against design professionals such as architects and engineers. We also represent small, medium and large accounting firms, individual lawyers and law firms, and physicians and practice groups. Professional negligence is one of the fastest growing practice areas in litigation.

Probate

Our probate representation helps clients transfer property upon a person’s death and provides guidance during this court-supervised process. The basic method of probating an estate includes collecting all probate property of the decedent, paying all debts, determining claims and taxes owed by the estate, collecting all rights to income, dividends or other assets, settling any disputes, and distributing/transferring the remaining property to the heirs. Brannen, Searcy & Smith, LLP provides legal counsel on all aspects of probate.

Trusts and Estates

Brannen, Searcy & Smith, LLP help clients create an estate plan to manage assets while the person is alive and assure their appropriate distribution after death. We advise clients how to plan for an orderly administration and disbursement of a person’s estate that minimizes taxes and distributes assets according to plan. Our attorneys are also experts at creating trusts so that property, both real and personal, can be held by one person for the benefit of another. Many trusts are created as an alternative to or in conjunction with a will and other elements of estate planning.

Taxation and Formation of Business Entities

Tax law is complex and ever-changing. Our attorneys help clients understand and navigate these often complicated statutes. Brannen, Searcy & Smith, LLP offers legal advice on the latest federal, state and local tax laws and their effects. The firm also has expertise in the banking industry offering counsel on federal regulations, lending transactions, corporate financing and other types of business and commercial law.

We advise many corporate and professional corporation clients on general, tax and labor matters, including ERISA, FUTA, and pension and profit sharing planning. The firm handles issues relating to formation of and dissolution of business entities on a daily basis. We also handle matters involving state and federal income tax disputes, as well as estate and gift tax matters.

Product Liability

Products should be safe. When they are not, Brannen, Searcy & Smith, LLP offers high quality legal representation. Product liability claims can be based on negligence, strict liability, or breach of warranty of fitness. A manufacturer or anyone who has a responsibility for producing the product can be held liable. Our attorneys provide expert advice in this area.

Creditors’ Rights

Brannen, Searcy & Smith, LLP provides representation to creditors and legal advice on strategies and procedures to collect debts and judgments. Creditors have the right to file a lawsuit against a debtor and have specific bankruptcy protections. For example, creditors have the right to share in the debtor’s bankruptcy estate and this may include tax refunds and stock options. Our attorneys provide legal advice specific to Georgia as well as a number of other states.

Commercial Banking

Brannen, Searcy & Smith, LLP represents banking and other commercial finance clients in lending transactions, loan workouts, mortgages and foreclosures, financing and venture capital. We have both state and federal expertise in commercial banking regulations.

Workers’ Compensation

Worker Compensation Law is a system of laws that protect an employer from liability when an employee sustains injuries while at work or contracts work related diseases. Our firm provides legal representation in disputes covering wage replacement benefits, medical treatment, vocational rehabilitation and other legal issues involving work injuries or occupational diseases.