Jaburg Wilk

News/Publications

  • Don’t Let Your Communication be an Illusion, Communicate to be Understood!

    Communication is a singular important matter in all contacts between people. But it does not always happen in a way leading to understanding on the same level between the participants in the conversation. This is highlighted by a quote that I like:  The single biggest problem in communication is the illusion that it has taken place - George Bernard Shaw

    Do the people you communicate with understand what … Read More

    Categories: Other, Blog

  • 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

    Categories: Insurance Litigation, Blog

  • 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

    Categories: Other, Blog

  • Be Informed

    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

    Categories: Other, Blog

  • 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

    Categories: Family Law, Blog

  • 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

    Categories: Other, Blog

  • 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

    Categories: Other, Blog

  • Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

    Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that markets its goods or services, you could be liable for violating the Americans with Disabilities Act (“ADA”) if your website is not accessible to disabled users. That … Read More

    Categories: Business & Corporate, Internet and Technology, Article

  • 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

    Categories: Other, Blog

  • 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.[1]

    An Insurer should avoid, if possible, asserting its actions were subjectively reasonable based on its adjuster& … Read More

    Categories: Insurance Litigation, Blog