Lawrence D. Winson | Hendersonville

Recently I represented clients who own a well established small business. Their community bank, having known my clients and their fine reputation in the community, had made concessions regularly over time, upon which my clients relied, as the business experienced recurring financial challenges. This bank was unexpectedly acquired by an international financial institution which turned a blind eye to those many years of cooperation, precipitately declaring my clients in default, accelerating their debt in excess of $100,000.00; an amount it knew was impossible for them to pay. This grave situation called for unorthodox pre-litigation steps which I designed with my clients in an urgent attempt to save the business. The bank filed an action in foreclosure; we counterclaimed, raising issues as to my clients' reliance on past assurances that the bank would continue to support them during times of difficulty. We also countered the bank's motion for Summary Judgment with our own, thereby thwarting their effort to achieve the typically quick Judgment. We knew that by raising compelling factual issues, even if our motion was denied, that the denial of the bank's motion would be a win for us. After a hearing of several hours, both motions were denied; consequently, my clients remained in business. The ruling also confirmed the merits of our arguments. Thereafter, we went to mediation and, with the plausible arguments raised, succeeded in reinstating the loan, including a revised payment schedule, an extension of the loan term and a reduction in the interest rate, thereby keeping our clients in business with better terms than before the foreclosure action. While they continue to struggle with the economy and seasonal ups and downs, this outcome literally gave my grateful clients a new beginning.

My practice consists of transactional, corporate, contractual, real property, family law, estate planning and commercial matters. I have represented a wide variety of domestic and international clients, both corporate and individual, in such diverse locations as South Florida, New York, Israel and Nicaragua, as well as North Carolina and throughout the United States. We utilize state-of-the-art technology and cost-effective methods to provide services in a client-oriented, timely, and ethical manner. I focus on the client's knowledge, needs, and goals, and promptly respond to calls, reporting regularly on cases. My dedication to quality representation, understanding of the law, mutual trust, respect, and communication are the foundations of my successful practice. Furthermore, I require that my clients actively participate in the progress of their case, as partners in both the strategy and decision-making process. This method has enhanced my client relationships and reputation is an effective advocate, and with a steady stream of referrals, resulted in a busy practice.

First, it is imperative to engage a lawyer with sufficient experience relating to the matter at hand. Next, it should be clear, as it is in my practice, that the lawyer seeks to prevent legal problems, but should one emerge, to do all possible to keep clients out of Court. Finally, the lawyer should be willing to commit to regular communication with the prospective client.

Knowledge of local court customs and procedures is essential. It also helps to know the culture of the community, especially colleagues and local judges. While I subscribe to the notion that assertiveness is a fundamental attribute, I approach adversaries with courtesy and professionalism, with the expectation of reciprocity. If necessary, I revise my approach in dealing with certain ""types"", but never at the expense of professionalism; a philosophy proven by success throughout my career.

In keeping with my philosophy of partnering with my clients, I provide a thirty minute free consultation during which I encourage the individual to tell me as much about their case as possible. I first eliminate any conflict between me and the ""adversary"", and then identify the salient facts and legal issues involved to determine if it is a case that I will take. I am liberal with my comments to determine whether it is a matter the individual can handle on their own, without incurring legal expense; I believe in ""sharing knowledge"". Although my expertise cannot be replicated by the individual, I will readily give up the opportunity to bill for legal fees if I truly believe it is unnecessary.

As the former General Counsel to a Fortune 500 company, and years of practice in medium to large South Florida firms, I bring a breadth of experience to my practice that is unequalled by my local colleagues. As General Counsel I was responsible for supervising all of the corporation's litigation, advising the Chairman on a vast number of contractual matters, and negotiating contracts both domestically and internationally. I sat on the Board of Trustees for a bank as well as other companies owned by the corporation. In addition to corporate responsibilities, I represented the Chairman, one of the world's wealthiest men, in various matters including a complex international arbitration. During my tenure as General Counsel I was part of a team of attorneys who successfully argued a case before the United States Supreme Court. Sixteen years ago I established a sole proprietorship in the mountains of North Carolina where my family and I had vacationed for years. I brought Florida and international client business with me, and have since built a vibrant local practice made up of varied client matters; never restricted to one area of the law. The broad spectrum of my experience has enabled me to be selective as to the matters I take on, focusing on those areas of the law with which I am most facile.

Whether my client is starting a business, defending a lawsuit, setting up an Estate Plan or needs expert advice, my objective is to help clients achieve their goals, even if that is ""peace of mind"". Attorneys often put themselves and their personal goals, i.e. ""winning"", above the best interests of their client; failing to seek alternative remedies to expensive litigation. The ""Law"" is daunting without the knowledge to move smoothly through administrative or court rules and regulations. It's my job to navigate that complex and confusing legal landscape for my clients, providing them with a clear sense of direction as we proceed in reaching the desired destination. To me, there is great satisfaction in knowing I have done well for my client.

The Hendersonville area is a culturally diverse community, surprisingly rich in the fine arts; it is the home of the North Carolina State Theatre in Flat Rock. Over the years I performed in community theatres in the area. I've also been very involved with the local synagogue. I have served as president of Downtown Hendersonville, Inc., the city merchants' association; and during our city's ""Olde Thyme Christmas"" on historic Main Street, performed the role of ""Father Christmas"". I'm a voracious reader, enjoy theatre and cinema, and an avid physical fitness advocate. I'm fortunate to be married to my ""best friend"" and legal assistant, with whom I have a grown daughter.

• Member | North Carolina State Bar Association
  Member | Florida State Bar Association

• Member of the North Carolina Bar since 1994.

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