What Happens If a Litigant Beats Multiple Offers of Judgment in Arizona?
In Orosco v. Maricopa County Special Health Care District, (2017 WL 469690) (Ariz. App. February 2, 2017), a medical malpractice case in which the jury’s $4.25 million verdict exceeded two offers of judgment made by plaintiffs, the Arizona Court of Appeals held “a subsequent offer of judgment does not extinguish the effect of an offeree’s failure to accept a prior offer when the judgment is … Read More
Live in Today with an Eye for Tomorrow
Life is long. You will work for a long time. There is no winning instantly. Success takes time. What you do each day matters for your future. The big picture makes living for today essential, which means having a plan and working it. By doing so you really are playing for the future, and for your first taste of, or your continuing, success.
The person you do a favor for today will help you tomorrow. The client … Read More
Everywhere I look these days people are arguing. At least it feels that way. About politics. About the environment. About issues big and small.
I have written before about how important it is to be an active listener. When I listen I hear a lot of people simply parroting what others say without any independent thought. Or worse, they are speaking about something they clearly have no idea about.
I … Read More
Recent Arizona Appeals Court Ruling Clarifies Child Support Guideline Deviations
On June 15, 2017, the Arizona Court of Appeals (Division One) delivered its decision in Nia v. Nia (Nia v. Nia – 1 CA-CV 16-0380 FC). The Nia decision affirmed the decision of Judge Stephen Hopkins and serves to clarify various aspects of Arizona law regarding modification of child support including the legal consequence of a previously … Read More
Are You All In?
We all know the saying “You are either all in or all out.” The meaning of this phrase is obvious, but when you think about it, it applies to all situations in business or your personal life.
In your personal life, if you spend your time with your kids or significant other connected to a device, email, etc. they will know they don’t have your full attention, which means you are … Read More
Don’t be Afraid of Failure: Get Out of Your Bubble and be Your Best Self
Without failure you will not succeed to the level you otherwise have the ability to reach. Wayne Gretzky said “You’ll always miss 100% of the shots you don’t take." How true. People are seriously afraid to fail. People are seriously afraid to have someone tell them the failed. Or were wrong. People simply are afraid of criticism, even when it is construction criticism.
& … Read More
Treat Your Client’s Money as if it Were Your Own
My firm has a unique culture, as do all businesses. But the difference at my firm is that we have captured the essence of our firm in 21 fundamentals we call The JW Way Fundamentals. These are the foundation of our business. They are how we operate ranging from how we deal with clients to who we hire.
Today I am focusing on one fundamental: Treat clients' money as if it were your own. Yes, I … Read More
Tips to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases
Although Arizona law regarding the implied waiver of the attorney-client privilege (the “Privilege”) is far from certain, an Insurer may avoid a waiver by following these tips:
An Insurer should consider whether to defend a bad faith claim solely on objective reasonableness.
An Insurer should avoid, if possible, asserting its actions were subjectively reasonable based on its adjuster& … Read More
You know when it hits. It can be anytime, and many times it is not at a convenient time. But when you have inspiration, don't lose it.
For me it may be on an issue in a case. Whether I am at my desk, or in the middle of the night, I write it down. I usually use the Note app on my phone, but paper and pen still work. I have learned that if I do not do that at the time, there is a good chance my moment of … Read More
Things Change Instantly Adjust on the Fly
I wrote about change being constant earlier, but had an experience last week that reminded me of the importance of remembering this.
We all know this, especially parents. Me, "don't do that, you could get hurt." Kid, "but I didn't get hurt." Me, "but you could have." We all had this conversation a thousand times growing up and, if you are a parent, you are on your way to saying it a thousand times. Why does this … Read More