Law Blog

In a recent decision, the Arizona Court of Appeals, Division One, issued a ruling moving the burden of proving reasonableness of attorneys' fees sought by a successful party to the applicant.   The underlying contract contained a fee shifting provision. In Geller v. Lesk,  P.3d 2012, 2012 WL 4364241 (App. Sept. 25, 2012), the Court of Appeals  held that even wh...

You may have heard that Arizona is an "at will" state. It is. This means that employees work at "the will" of the employer. Just as employees can keep working or resign if they wish, employers can terminate employees for a good reason or even for no reason. Employers get in trouble, however, when they fire employees for "bad" reasons. Some bad reasons are obvious....

No doubt being overweight can pose a health problem. But is it a protected disability under the Americans with Disabilities Act of 1992 (ADA) that bars employers from discriminating against employees or prospective employees who are obese? According to a recent decision of the Montana Supreme Court and similar decisions in the federal courts, it is, or at least can...

If it hasn't happened to your company yet, it will. One of your employees may post a disparaging remark on-line about the company, company practices or a member of management.  The employee may even use profanity in the posting. However, before you react and fire the employee you should know that, depending on the nature of the posting, the employee may be en...

While developing a business succession plan is essential for every business, it is often lost in the day to day focus of business operations. It is vital for family owned or closely held businesses to have a clear, concise and documented succession plan. Family owned businesses may provide unique challenges. Typically, the founders would like to pass the business t...

If you were a married couple living Arizona, you had three options as how to hold the title to real property in Arizona.  The choices were:community property, joint tenants with right of survivorship ("JTWROS") and tenants in common.Now, under A.R.S. § 33-431, there is a fourth option - community property with right of survivorship ("CPWROS"). Histor...

Effective September 2013, small estates in Arizona  increased in the value of assets that may be transferred without requiring a probate of the decedent's estate. On April 16, 2013, Governor Jan Brewer signed into law Senate Bill 1232, which amends A.R.S. §14-3971 governing the collection of personal property, vehicles, and succession to real property by ...

When a loved one passes away, a crucial step in minimizing the risk of identity theft is to notify the proper entities, such as government and credit reporting agencies, banks, and creditors of your loved one's death. To expedite notification, the National Funeral Directors Association (NFDA) recommends that you initially make contact with government and credit rep...

Have you ever considered paying in advance for your funeral/burial expenses to save your loved ones the financial burden?  If your finances allow you to do so, pre-paying for funeral/burial services is an efficient and effective step in your estate planning that can alleviate the often onerous task for your loved ones to undertake while grieving.  A few words of ...

JW Way # 16. Don't be a jerk- always take the high road. Maintain professionalism at all times. Keep emotions under control. Advocating forcefully for the interests of our clients does not require bullying, condescension, foul language, or temper tantrums. This applies to co-workers, opposing counsel, and vendors. Be a "mensch." As I sat down to write about this f...