Law Blog

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 p...

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 fa...

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 fav...

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 a...

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 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&rs...

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 construc...

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: T...

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 wer...

Tax Consequences of Foreclosure-with a HELOC It is common for homeowners to have a house that is "upside down", many with first and second mortgages. Houses that were purchased a number of years ago appreciated rapidly in a short period of time and it was easy to pull on the home's equity by securing an equity line of credit. That equity may have been used for many...