Michael Graves

Michael Graves

AV-Preeminent rated lawyer with 28 years of experience in civil litigation.
  • Business Law, Real Estate Law, Probate ...
  • Mississippi
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Biography

Mr. Graves is the Senior Member of Graves Palmertree Law Firm. As an Mr. Graves is an AV-Preeminent rated lawyer and Mid-South SuperLawyer with over 30 years of experience in business law and commercial and civil litigation in both state and federal courts in Mississippi. Prior to entering the private practice of law in 1992, Mr. Graves worked as a finance and insurance specialist and operated a chain of convenience stores, both of which provided Mr. Graves invaluable practical business experience and insight. Mr. Graves’ law practice focuses on: contract and business disputes; zoning and rezoning; land use and conditional use/special exception; municipal law; real estate; commercial landlord/tenant; probate of estates; will contests; and, non-competes. Mr. Graves is a certified mediator with the Mississippi Supreme Court, and he has served as both a mediator and arbitrator in many commercial and civil matters. Mr. Graves has made presentations on topics including zoning, land use and development, and insurance. Mr. Graves has authored numerous articles on law-related topics in both legal and non-legal publications. Mr. Graves is a Fellow in the Litigation Counsel of America, a member of the American Society of Legal Advocates, a member of the William C. Keady Inns of Court, and a member of the Bar Association of the Fifth Federal Circuit, the Mississippi Bar, and the Desoto County Bar Association. Mr. Graves previously served in both the Mississippi Army National Guard and Air National Guard.

Education
Mississippi College School of Law
J.D. (1992) | Law
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Honors: Herrin-Hess Scholar Graduate "With Special Distinction" Finished second in class
Activities: Mississippi College Law Review, Research Editor
Mississippi College School of Law Logo
Professional Experience
Senior Attorney
Graves Palmertree, PLLC
Current
Publications
Articles & Publications
"Mississippi Business Law Development: More Change Is On The Way"
Blink Magazine
"How's My Driving? Employers' Liability For Negligence of Employee Drivers"
Blink Magazine
"Trust And Obey? The Right Way To Respond To A Subpoena"
Blink Magazine
"Going To Court? Stay At Home"
Blink Magazine
"Be Informed Before You Fire"
Blink Magazine
"Get A Fresh Start On Bad Debt"
Blink Magazine
C.Green & M.Graves, "Allocation of Fault: Joint-Tortfeasors In Court and the Ones Who Should Be"
Mississippi Law Journal
"Scope of Investigation Required by Health Insurers in Mississippi Prior to Denial of First-Party Claims"
Mississippi College Law Review
"Sobriety Checkpoints: A Constitutional Faux Pas"
Mississippi College Law Review
Speaking Engagements
Procedural Issues in Land Use Administrative Appeals, Current And Evolving Issues In Land Use And Zoning
University of Mississippi
Exhaustion of Administrative Remedies in Land Use "Takings" Claims, Current And Evolving Issues In Land Use And Zoning
University of Mississippi
10 Lies About The Law, Member Meeting
BNI Midsouth
Zoning and Land Use Considerations, CLE By The Hour
University of Mississippi
Zoning and Land Use Considerations, Current Issues In Real Estate
University of Mississippi
Zoning and Land Use Restrictions, Current Issues In Real Estate
University of Mississippi
Appeal of and Remedies for Board Action in Land Use Cases, Advanced Zoning and Land Use in Mississippi
Opposing Rezoning Applications Before The Governing Board, Advanced Zoning and Land Use in Mississippi
Lorman Education Services
Making Your Land Use Case To The Planning Commission, Advanced Zoning and Land Use in Mississippi
Lorman Education Services
Certifications
Certified Mediator
Mississippi Supreme Court
Awards
Litigator Of The Year
American Institute of Trial Lawyers
Professional Associations
Litigation Counsel of America
Current
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Mississippi Bar Association
Current
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Desoto County Bar Association
Current
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Bar Association of the Fifth Federal Circuit
Current
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William C. Keady Inns of Court
Current
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America's Top 100 Civil Defense Litigators
Current
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Bar Register of Pre-Eminent Lawyers
Current
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American Academy of Trial Attorneys
Current
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Lawyers of Distinction
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Mid-South SuperLawyers
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Jurisdictions Admitted to Practice
Mississippi
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5th Circuit
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Fees
  • Does Not Currently Practice Law
  • Not Currently Accepting Clients
Practice Areas
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Partnership & Shareholder Disputes
    Real Estate Law
    Commercial Real Estate, Easements, Homeowners Association, Residential Real Estate
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Collections
    Landlord Tenant
    Evictions, Landlord Rights, Tenants' Rights
    Municipal Law
    Estate Planning
    Health Care Directives, Trusts, Wills
    Gov & Administrative Law
    Administrative Law, Election Law, Government Contracts, Legislative & Government Affairs
Additional Practice Areas
  • Business Disputes
  • Commercial Litigation
  • Estate Litigation
  • Zoning and Land Use
  • Real Estate Litigation
  • Business Litigation
Languages
  • English
Legal Answers
Q. Is a neighbor you share a backyard fence with required by law to pay half when the fence needs replacing? (Mississippi)
A: The fence belongs to (i.e., is owned by) whoever's property it is on. There may be a zoning/building ordinance in your city/county that requires that the "smooth" side of the fence be on one side or the other, you would need to check that with your local planning and/or building department. But, even if so, that does not mean that fences are nevertheless sometimes built not in compliance with that type of ordinance. Either way, the "neighborly" thing to do would obviously be to share in the expense (but you'll then also probably have to have the discussion about who gets what "side" of the fence (absent an ordinance specifying)), but there is no law requiring an adjoining landowner to pay half of an expense for an improvement on your property, even if it is an obvious benefit to them as well. If you do not know whose property the fence is on, you will need a survey. If it is on the neighbor's property, you can consider putting up your own fence, but you would want to make sure to check with the planning and/our building department in your jurisdiction before doing so. ... Read More
Q. Can a witness write a statement an go to court an give t totally different statement
A: Yes, "anyone can lie". However, if there is a prior written statement which is either signed by the person or can otherwise be proven to be in that person's handwriting, that written statement can be used in court to "impeach" the credibility of the person's court testimony---i.e., show to the judge and/or jury that the person's testimony is not to be believed. In certain cases, a person may be held in contempt if it is proven that he/she gave testimony in court (under oath) which is totally and clearly contradicted by a prior written statement by that person.
Q. Can a city clerk own a business in the town they are clerk in?
A: If you are a contract employee with the City, which I would doubt, there may be a provision in the contract which provides that you cannot have other employment; if so, that would potentially be a problem. Absent that, there would be no prohibition against you owning a business in the city just because you work for the city. There may, however, be other laws restricting whether and/or how your business can do business with the city, but that would be a public purchasing issue about which you are probably already familiar with.
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Websites & Blogs
Website
www.gpfirm.com
Contact & Map
Graves Palmertree, PLLC
140 W. Center Street
Hernando, MS 38632
Telephone: (662) 429-9302
Fax: (662) 429-9304
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM (Today)
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: After-hour and weekend appointments available upon request.