BELL, DAVIS & PITT, P.A.
Attorneys and Counselors at Law

Street Address:
100 North Cherry Street
Suite 600 Century Plaza
Winston-Salem, North Carolina 27101

Mailing Address:
Post Office Box 21029
Winston-Salem, North Carolina 27120-1029

Telephone:
(336) 722-3700

Facsimile:
(336) 722-8153 Litigation
(336) 714-4101 Litigation
(336) 722-6558 Corporate, Real Estate
(336) 748-5890 Banking, Bankruptcy, Commercial

Please visit our website:
www.belldavispitt.com
BELL, DAVIS & PITT, P.A.

A Different Kind Of Law Firm

Bell, Davis & Pitt has grown steadily since 1980 to become one of North Carolina's premier law firms, with a practice range far beyond its size and location. The firm's nineteen attorneys, assisted by twenty-two support staff, provide a full range of legal services to businesses, individuals, and organizations throughout the Southeast, and to organizations throughout the country when they have need for counsel in the region.

The firm has achieved an enviable reputation for
* integrity and the highest quality work,
* legal knowledge and experience,
* innovation in solving problems,
* an interdisciplinary approach to the practice of law,
* communication with and responsiveness to clients,
* case management and billing strategies that conform to the needs of clients, and
* a commitment to involvement with the community and thebar.

Our business philosophy is simple: we respond to the demands of our clients with an exceptional work product delivered in a timely and cost-effective manner that enhances our reputation and encourages clients to use us again.

Experience and a dedication to excellence

From its earliest days, the firm recognized that to be successful, it had to attract and retain the best legal talent available. That practice continues today. Each attorney has distinguished himself or herself through outstanding educational achievement, continuous professional education, community involvement, and the expertise and experience gained from years of practice in specific areas of the law.

By providing an environment that encourages long term association, the firm has had great success in retaining attorneys and staff. Bell, Davis & Pitt prides itself on the experience that its attorneys put to work for its clients.  Please take a moment to review the resumes of our attorneys, which illustrate the high premium that the firm places on educational excellence and professional achievement.

Innovation in solving today's problems

Whether a business issue or a family matter, finding the appropriate answering today's environment often requires new approaches. That begins with a clear understanding of the client's goals and a thorough analysis of the specific issues involved. But it often requires more. It requires a willingness and an ability to look at old problems in new ways. A fresh approach might mean identifying and finding solutions to problems before they become legal issues.  It might involve resolving conflicts by developing alternatives to litigation.  It might involve unusual, yet successful litigation strategies. All three are hallmarks of Bell, Davis & Pitt.

An interdisciplinary approach

The practice of law has changed dramatically over the past decade. Our society is more litigious. New laws and regulations add complexity and open more doors to potential litigation. As a result, the law has become even more difficult to master, challenging the range of expertise and experience found inmost firms.

Following an interdisciplinary approach to the practice of law, Bell, Davis& Pitt is able to organize the right combination of legal resources to meet any legal issue. All of its attorneys have distinguished themselves in their chosen areas and often are called upon to participate in solving problems the solutions to which require a broad range of legal resources.

An emphasis on service

The best law firm in the world cannot solve a client's problem if it can not be accessible to the client, hear what the client is saying, and then responding a timely manner. Bell, Davis & Pitt prides itself on the accessibility of its attorneys, the promptness with which its attorneys return telephone calls, and the speed with which it solves problems. We do not know any other way to practice law. The way we see it, we are providing a service, and that service must be provided in a timely, professional manner if it is to have any value to our clients.

Case management and value pricing

Unlike some firms, we do not staff cases with two or three attorneys when just one attorney will do. Each matter is handled in the most efficient way possible, using supervised associates and paralegals when direct involvement by a more experienced attorney is not necessary. Every month each invoice is reviewed by a supervising attorney, and adjustments are made where the cost of the matter is not supported by the value of the result achieved.

The firm's commitment to providing the client value at a reasonable price means that it balances the time and nature of services provided against the benefits achieved for the client. Depending on the client's needs and goals, the firm can accommodate a wide range of fee arrangements. For instance, less complex matters may be handled on a flat fee basis. More complex issues and cases are usually billed by the hour or pursuant to a contingency fee or modified contingency fee arrangement, which limits the client's financial exposure. Blended rates, differentiated rates, matter budgets, and other invoicing conventions are also used.

Articles, newsletters, and bulletins

Firm attorneys regularly write newsletters that inform our clients about developments in the law or innovative solutions to common problems. When a development is both significant and time sensitive, bulletins are sent to select groups of clients who might have a special interest. When scholarly articles are published or legal education papers are presented by our attorneys, clients are offered such materials upon request.

The efficient use of resources

Another attribute of Bell, Davis & Pitt is the efficient and effective use of resources. Attorneys are supported by online computer access to professional and technical resources that provide immediate access to the latest developments in the law. Experienced paralegals assist our attorneys in a variety of tasks. The ability to coordinate legal talent, resources, and supporting services underscores the firm's commitment to provide the client maximum value.

Civic and professional involvement

The firm believes that professionals should be an integral part of the community in which they serve, and we encourage our attorneys to donate their time and talents to community, civic, and church activities.

Civil Litigation

Our trial lawyers are well known for their vigorous and successful representation of businesses and individuals involved in litigation and dispute resolution. We practice extensively in state and federal trial and appellate courts in North Carolina and elsewhere. We represent both plaintiffs and defendants under a variety of fee arrangements.

We handle litigation cases in every field and in all sizes -- from the largest multi-party, discovery intensive case to the smaller, less complicated automobile accident case. We have enough employees to commit several attorneys and paralegals to a case where necessary, and we have the computer equipment and expertise to handle document intensive cases. Where, as is more often than not the case, only one attorney is needed, we staff the case with an attorney who will handle the case from start to finish, and we do not pass the case from office to office. We give the client precisely the level of expertise required by the case--nothing more and nothing less.

We work closely with clients on the substantive aspects of each case and on litigation cost control. We emphasize client communication to insure that our clients are fully informed throughout the case. We prepare the case for appropriate resolution, whether settlement or trial. We are experienced in creative resolution techniques and alternative dispute resolution mechanisms, such as arbitration and mediation. If a case should be settled, we let the client know as soon as possible and recommend strategy accordingly. For example, we have assisted numerous clients in settling difficult claims without suit ever being filed, thereby preserving the complete confidentiality that was essential for the clients. If a case should be tried, we are ready, willing, and able to do so.

Business Litigation

We have significant experience representing both plaintiffs and defendants in virtually every kind of business litigation. Examples of the firm's highly successful and widely diversified business litigation practice include disputes between parties to complex business acquisitions; antitrust and unfair trade practice cases; cases involving minority/majority stockholder disputes, securities fraud, tax fraud, and the allocation of assets upon corporate or partnership breakup or dissolution; claims of personal and property damage resulting from the release of toxic substances; disputes as to trademark, trade dress, and copyright infringement; disputes over claimed misappropriation of trade secrets and breaches of covenants not to compete; lender liability litigation; business tort litigation; and employment disputes.

Professional Malpractice Litigation

We have successfully litigated cases involving all aspects of professional malpractice, premises liability, products liability, insurance coverage disputes, motor vehicle collisions, workers compensation, arson and other fire related issues, construction disputes, exposure to carcinogens, and every type of personal injury action. We regularly defend, prosecute, and settle relatively small suits as well as those involving millions of dollars.

Alternative Dispute Resolution

The firm has obtained excellent results for both plaintiffs and defendants in complex business disputes involving millions of dollars, and it has obtained such results not only through litigation but quite often through extensive and cost saving use of negotiation and alternative resolution techniques such as mediation and arbitration. The firm's litigation section sees itself as a group whose primary mission is getting a good result for clients in the most cost effective manner, with litigation being only one means to that result.

BANKING, BANKRUPTCY AND COMMERCIAL TRANSACTIONS

Banking and Commercial Transactions

Our financial institutions practice involves representation of commercial banks, savings and loan associations, credit unions, consumer and commercial finance companies, and agricultural credit associations. Our lawyers assist in structuring and documenting a variety of credit facilities, such as construction and term loans, as well as revolving lines of credit, to all types of businesses and individuals. We also have extensive experience in the area of asset-based lending and in certain tax-advantaged loans, including industrial revenue bonds and variable rate demand note facilities. Our practice also involves the representation of lenders and borrowers in public finance transactions, such as revenue and special obligation bonds and installment purchase contracts.

In addition to assisting in credit transactions, our lawyers have significant experience in preparing standardized forms and other documentation for lenders and depositories, as well as advising on matters of compliance with state and federal laws and regulations. We have participated extensively in the review and development of various procedure and compliance manuals. Finally, we assist in enforcing and collecting loans and other credit facilities in a cost-effective manner.

Bankruptcy

Our bankruptcy lawyers are known for their vigorous and successful representation of businesses and individuals involved in workouts and bankruptcies of all kinds. We practice in every Bankruptcy Court in North Carolina. We are experienced in all facets of bankruptcy litigation and bankruptcy appeals. We represent both creditors and debtors under a variety of fee arrangements.

In bankruptcy, workout, or collection matters, we are experienced in representing institutional lenders, secured creditors, creditors' committees, debtors-in-possession, bankruptcy trustees, lessors, guarantors, unsecured creditors, shareholders, and others. Our lawyers assist creditors in obtaining the repayment of debts and the recovery of collateral, often through our broad knowledge of creditor remedies, debt restructuring techniques, and workout transactions. We also assist debtors in reorganizing their businesses or liquidating their assets, both in and out of bankruptcy. Our experience includes the treatment in bankruptcy cases of leveraged buyouts, letters of credit, leases, franchises, licenses, and other financing devices and executory contracts. Our activities include enforcement of judgments and other creditor remedies, Uniform Commercial Code matters, and mechanic's, tax, and other lien priority disputes.

CORPORATE LAW, REAL ESTATE, TAXATION, AND ESTATE PLANNING

General Corporate Law

Our corporate practice involves a wide array of business planning, development and operational issues. We advise clients regarding the practical implications of choosing a particular business entity and are experienced in the formation, financing, reorganization and liquidation of nearly every type of entity, including corporations, limited liability companies, partnerships, limited partnerships, and joint ventures. We provide our clients with assistance in matters relating to the negotiation, drafting, interpretation, and implementation of contracts and agreements of various types, including commercial leases, distribution agreements, franchise agreements, stock redemption agreements, and employment agreements.

Our clients routinely consult us on matters relating to corporate governance or issues arising from the day to day operations of their businesses, including employment law related issues and compliance with applicable state, federal, and local laws. We are experienced in representing both sellers and buyers in transactions involving the purchase and sale of businesses and professional practices of all types and sizes. For example, we have successfully represented groups of physicians in the sale of their practices to hospitals, HMOs, and other entities. In addition, we have been involved in numerous merger transactions of both private and publicly held companies which involved complex federal and state regulatory issues. The services we provide our clients extends to matters involving securities laws, including public and private offerings as well as regulatory compliance with applicable state and federal laws.

In addition to serving as general counsel for numerous companies, we also assist and advise individual directors and officers as to the interpretation and proper execution of their fiduciary duties and responsibilities.

Municipal Corporate Law

We advise cities and towns concerning a myriad of issues, including voluntary and involuntary annexations, contract bidding, employment issues, asset exchanges, open meeting laws, and bond financing. We are experienced in advising municipal corporations and their officers of the requirements of North Carolina law.

Real Estate

Our real estate practice includes commercial and residential real property transactions, zoning and land use matters, interstate land sales regulation and registration, financing (representing developers and lenders), and real estate development, including shopping center, subdivision, and condominium development. In addition, we advise our clients regarding environmental and condemnation matters. We are experienced in the area of structuring the financing for real estate transactions, including the use of traditional mortgage and construction loans, deeds of trust, Uniform Commercial Code matters, sale and lease-back transactions, and other available forms of financing. As general counsel for numerous real estate developers in our area, we routinely negotiate, draft, and interpret various documents associated with the development and general management of real property in accordance with applicable federal, state, and local laws and ordinances.

Taxation

The diverse knowledge of our tax lawyers covers all aspects of federal taxation, including individual, corporate, partnership, and deferred and other methods of executive compensation, including both qualified and nonqualified retirement planning and related ERISA matters. Our tax lawyers advise and represent clients before the Internal Revenue Service and State Departments of Revenue in tax controversy matters and are admitted to practice before the U.S.Tax Court. We are experienced in business related matters and frequently consult with other lawyers in our firm in order to optimize a client's tax position as well as provide an understanding of the practical tax implications of certain matters.

Estate Planning

The Wealth Transfer Group of Bell, Davis & Pitt was created to help North Carolina individuals, families, and closely-held business owners make important life decisions affecting the protection and disposition of their wealth. We provide a wide range of estate planning and wealth transfer services to accommodate the varied needs of our clients, from basic estate plans to the development of sophisticated wealth transfer strategies for larger, more complicated estates. In each case, the result is a well planned, clearly presented, and understandably priced estate plan that meets the family, business, tax, charitable, and financial needs of our clients. By establishing flat fees for many estate planning services, we have made the cost of estate planning more realistic and predictable.

We regularly counsel individuals and establish estate plans to avoid the payment of substantial amounts of estate and inheritance taxes. We also offer expert advice on both income tax planning and estate and gift tax planning. The firm has an active probate court practice in administering estates and in establishing and maintaining trusts and guardianships. We also counsel executors, trustees, and guardians, whether individual or corporate, in fulfilling their fiduciary duties.

All attorneys are members of the North Carolina State Bar and are admitted to practice before all North Carolina courts.