Mark W. Litchford, Esq.

Attorney / Director

BAR ADMISSION: TENNESSEE, GEORGIA, U.S. DISTRICT COURT FOR E.D. OF TENN., 6TH CIR. COURT OF APPEALS

Location: Chattanooga, Tennessee

Mark is a founding member of Litchford, Pearce & Associates, PLLC, and licensed to practice in Tennessee, Georgia, the Federal Eastern District Court of Tennessee, and the U.S. Court of Appeals for the Sixth Circuit. Mark concentrates his practice in government law, commercial litigation, estate planning, real property, personal injury, and business transactions. Mark is recognized as a multi-nominated Best Lawyers in America and Mid-South Super Lawyers, and is a member of the executive board for the Chattanooga Bar Association.

Mark has extensive trial experience in representing clients in a variety of areas, including governmental regulations, personal injury, federal and state constitutional law, and real property disputes.  Mark also serves as general outside-counsel to various mid-size companies engaged in the following industries: oil & lubricant distribution, logistic freight, restaurant, medical, and real estate.  The services provided to these companies include labor & employment consulting, contract negotiations, member/shareholder agreements, and collections. Mark also represents and/or serves as trustee for various trusts in connection with his estate planning services.

A native of Crossville, Tennessee, Mark was a boarding student at The McCallie School of Chattanooga, Tennessee, and attended David Lipscomb University in Nashville, Tennessee, for both his undergraduate and Master's degrees. Mark received his Doctorate of Jurisprudence, cum laude, from the Cecil C. Humphreys School of Law at Memphis University where he was a member of the Phi Delta Phi Legal Fraternity and an active participant in the Mock Trial and Advanced Moot Court competitions. Mark was also the recipient of the CALI Award given to the student with the top overall score in Property and was also the recipient of the Cicero Award for outstanding oral argument performance in the Legal Methods Program.

Mark clerked for the Honorable W. Neil Thomas, III, of the Eleventh Judicial District for Tennessee in Hamilton County, and practiced at a prestigious law firm in Chattanooga before establishing Litchford, Pearce & Associates, PLLC, in 2018.  Prior to attending law school, Mark taught calculus, advanced geometry, and algebra at the Boyd Buchanan School in Chattanooga, Tennessee.

Since 2017, Mark has served as the city attorney for East Ridge, Tennessee, and has extensive experience in drafting municipal contracts and ordinances, assisting with land use regulation, industrial and commercial development, local government budgeting, and public-private partnerships.     

Mark is a member of the Tennessee, Georgia and local Chattanooga Bar Association and is actively involved with the Tennessee Municipal League, the National League of Cities, Municipal Technical Advisory Service, and the Tennessee Municipal Attorneys Association. In 2022, Mark graduated from the Tennessee Bar Association's Leadership Law Program which selects less than 40 attorneys across the State of Tennessee for participation and focuses on leadership in the legal profession, issues in the courts, policy-making in state government, and the importance of community services. 

Education

Cecil C. Humphreys School of Law, Memphis, Tennessee

J.D. cum laude – 2008

Honors: Member, Phi Delta Phi Legal Fraternity

Honors: Mock Trial and Advanced Moot Court Competitions

Honors: Recipient, CALI Award

Honors: Recipient of the Cicero Award

David Lipscomb University

M.Ed. – 2004

David Lipscomb University

B.S. – 2001

Bar Admissions

• Tennessee
• Georgia
• United States District Court for the Eastern District of Tennessee
• United States Court of Appeals for the Sixth Circuit

Publications & Accomplishments

ROA Chattanooga, LLC v. City of Chattanooga, et al., Hamilton County Chancery Court, Case No. 21-0234 (Hamilton County, Tennessee)

• Successfully defended client in 2024 in obtaining dismissal of action seeking mandamus relief for allegations of non-compliance with governmental regulations.

Southern Spear Ironworks, LLC v. Prime Metals Acquisition, LLC, Hamilton County Circuit Court, Case No. 22-C-199 (Hamilton County, Tennessee)

• Successfully represented client in connection with claims for breach of contract, unjust enrichment, and detrimental reliance. 

Owens v. Hamilton County, et al., No. E2017-02395-COA-R3-CV, 2018 WL 6253818 (Tenn. Ct. App. November 28, 2018)

• Argued case before the Tennessee Court of Appeals and successfully represented claimant in restoring her ownership in her residence after defective back tax sale.

State ex rel. Commissioner, Department of Transportation v. Dyskin, No. E201302286COAR3CV, 2015 WL 382709 (Tenn. Ct. App. January 29, 2015)

• Argued case before Tennessee Court of Appeals and successfully represented claimants in eminent domain action and tax disbursement dispute between land owners.

United Pet Supply, Inc. v. City of Chattanooga, No. 13-5181, 768 F.3d 464 (6th Cir. September 18, 2014)

• Obtained partial reversal for defendants in interlocutory appeal challenging denial of qualified immunity in 42 U.S.C. 1983 action.

Rebecca Little v. City Of Chattanooga, No. E2013-00838-COA-R3CV, 2014 WL 605430 (Tenn. Ct. App. February 14, 2014)

• Successfully represented Chattanooga citizen on appeal to obtain all attorneys' fees, expenses and costs in connection with Tennessee Open Records action under T.C.A. § 10-7-501 et seq.

Rebecca Little v. City of Chattanooga, No. E2011-027-24-COAR3CV, 2012 WL 4358174 (Tenn. Ct. App. September 25, 2012)

• Argued case before Tennessee Court of Appeals and successfully represented Chattanooga citizen to obtain access to public documents willfully withheld by government officials.

Konvalinka v. Chattanooga Hamilton County Hospital Authority, 2009 WL 1530194 (Tenn. Ct. App. June 02, 2009)

• Handled appeal and successfully obtained reversal for client on appeal challenging claim by defendant that certain documents were protected from disclosure by Tennessee Public Records Act.

Rudek v. Frederick J. Hanna & Associates, P.C., No. 1:08–CV–288, 2009 WL 385804 (E.D. Tenn. Feb. 17, 2009)

• Successfully defended client by obtaining summary judgment on fair debt collection practices action.

Marion Anthony Allen d/b/a Associated Roofing Service v. Steven B. Hobbs, Neil A. Highfield and Foametix of Chattanooga, LLC, Hamilton County Chancery Court, Case No. 11-0058 (Hamilton County, Tennessee)

• Successfully defended clients in obtaining denial of injunctive relief action for alleged breach of employee non-compete agreement.

Andrews v. East Tennessee Children's Hosp. Ass'n., Inc., No. 1:07-CV-288, 2008 WL 4646115 (E.D. Tenn. Oct. 17, 2008).

• Successfully represented plaintiff in obtaining denial of summary judgment in claim for racial discrimination under Title VII of the Civil Rights Act of 1964 and Tennessee Human Rights Act.

Presentations

2019-2023 Municipal Planning Commission 

• Present seminars for training and continuing education for planning commission members on land use planning, zoning, economic development, and parliamentary procedure.

2018 Municipal Law Border Region Retail Tourism Development District Act: 

• Presented seminar focused on the Tennessee Border Region Retail Tourism Development District Act, T.C.A. § 7-40-101 et seq., which provides state sales tax funded incentives to large-scale retail developments.

2016 Employee & Employer Rights; Avoiding Company Liability

• Presented seminar focusing on employee rights and Employer avoiding liability.

2016 The Business of Lawyering: Professional Development for Today's Attorney's

• Presented seminar focusing on ethical aspects of the legal profession involving attorney-client relationship.

2014 Driving Under the Influence Seminar (Chattanooga, Tennessee)

• Presented seminar on current Tennessee DUI laws and minimum sentencing requirements.

2013 Landlord-Tenant Law (Sterling Education Services) Seminar

• Presented seminar on Uniform Residential Landlord Tenant Act of Tennessee T.C.A. § 66-28-101.

2013 Estate Planning Needs (Daughters of American Revolution) Seminar

• Presented seminar on estate planning matters involving trusts, tax-exempt gifts, and other related testamentary tax planning issues. 

2012 Fair Labor Standards Act (Tennessee Bar Association) Seminar

• Presented seminar on current FLSA exemptions and changes on executive employee exemptions.