Law Blog

By Leslie Rakestraw #7 Honor Commitments. Do what you say you’re going to do, when you say you’re going to do it. If a commitment can’t be fulfilled, notify others early and agree upon a new commitment to be honored. I chose this principle because my life used to be completely out of balance on this. Of course I showed up for depositions, court h...

The Americans with Disabilities Act, as Amended ("ADA"), and the Arizona Civil Rights Act ("ACRA") require employers with 15 or more employees to provide "reasonable accommodations" to employees with a qualifying "disability." The ADA and ACRA define a "disability" as any physical or mental impairment that substantially limits one or more of a person's major life a...

In a recent article, I warned all employers that government agencies are out to bust them for misclassifying their employees as independent contractors. The prior article discussed the efforts made by the United States Department of Labor (DOL) in partnership with a number of states, including Arizona, to step up the enforcement of laws pertaining to properly class...

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 ...

Listening is more than simply "not speaking." Give others your undivided attention.  Set aside your own judgments and preconceived notions. Listen with focus. Most importantly, listen to understand.  Since we are entering into the swing of holiday parties and are all sure to engage in conversations with acquaintances new and old, I thought it was a wonde...

The divorce rate in the United States has been dropping during the past 20 years. However, divorce among spouses over 50 years old has doubled since 1990! The surge has spawned the term “gray divorce” for these older divorcing spouses. While many of the issues divorcing seniors face are similar to their younger counterparts, there are unique issues in gray divo...

Phoenix, AZ (Nov. 16, 2015) --  Phoenix business law firm Jaburg Wilk has been ranked in the 2016 U.S. News - Best Lawyers® "Best Law Firms" list nationally in one practice area and regionally in eight practice areas. Firms included in the 2016 "Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from ...

Most tenants and their real estate agents who negotiate commercial leases accept that many of the terms in the landlord’s “form” lease favor the landlord.  One term, however, that favors only the tenant, and which every commercial tenant should seek to include in their lease, is an option to extend the lease term.  The reason that said term is only for the ...

Think about the cost of pleadings and depositions. Avoid unnecessary hand deliveries, overnight mail, etc. and only authorize work and expenses that have a demonstrable benefit to the client. So Jaburg Wilk has a unique cultural, as do all businesses. But the difference is that we have captured the essence of our firm in The JW Way. These are the foundation of our...

When parties are unwilling or unable to resolve a dispute, a viable option for resolution is mediation. Mediation is a negotiation facilitated by a neutral third party known as the mediator. A mediator helps parties reach resolution. Mediation is usually a voluntary process, although sometimes it may be required by the court. Who is responsible for paying for the...