Arizona Felony Court Process – Felony Court Hearings
In Arizona, felony cases are handled in the Superior Court, with each county having its own court. While the procedures are generally consistent, the names of hearings and specific rules …
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Reviewing Your Estate Plan after the Death of a Loved One
The death of a loved one is never easy. Regardless of your relationship with the deceased (for example, a relative, significant other, or close friend), you need space and time …
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DOES THE GENDER OF YOUR DIVORCE LAWYER GIVE YOU AN EDGE?
As an Arizona State Bar Certified Specialist in family law matters in Arizona, I have been asked from time to time whether having an attorney of the same (or opposite) …
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Davis Miles Law Firm Celebrates Inclusion of Distinguished Attorneys in Best Lawyers in America 2025
Tempe, AZ – August 15, 2024 – Davis Miles is proud to announce that several of its esteemed attorneys have been recognized in the 2025 edition of Best Lawyers in …
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Davis Miles Announces Major Expansion in New Mexico
Davis Miles, one of the top-ranked law firms in Arizona, today announced an exciting expansion in New Mexico, adding two of the most prominent practitioners in the state to the …
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FinCEN Updates Beneficial Ownership Information FAQs
FinCEN Updates Beneficial Ownership Information FAQs The Financial Crimes Enforcement Network (FinCEN) has recently updated its Beneficial Ownership Information (BOI) Frequently Asked Questions (FAQs). These updates are crucial for entities …
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Filing Bankruptcy in Arizona: A Fresh New Start
Filing for bankruptcy can be a daunting decision, but it can also be a fresh new start for many individuals and families facing financial difficulties. In Arizona, the process of …
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Bankruptcy Options in New Mexico: How Our Law Firm Can Help
Navigating the complexities of bankruptcy can be overwhelming, but our law firm is here to guide you through every step of the process. In New Mexico, individuals and businesses have …
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What is an Admin Per Se driver’s license suspension?
An Admin Per Se suspension is a type of driver’s license suspension in Arizona. If you are arrested for DUI and a police officer serves you with this suspension, your …
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Navigating a DUI Charge: Guidance for Nurses Licensed by the Arizona Board of Nursing
If you’re a nurse facing a DUI charge, you’re likely concerned about the impact it could have on your career. The Arizona State Board of Nursing (AZBN) has clear guidelines …
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Choosing the Right Commercial Litigator: A Seven-Step Guide
When legal disputes arise in the business world, having a skilled commercial litigator by your side is crucial. Selecting the right attorney can be the difference between a favorable outcome …
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FTC’s Final Rule on Non-Compete Agreements: Key Implications for Employers
In a landmark decision on April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to approve a final rule prohibiting for-profit employers across the nation from enforcing non-compete agreements …
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Arizona First Offense DUI Penalties
In Arizona, the penalties for a first offense misdemeanor DUI vary depending on the severity of the offense. A first offense is defined as having no prior DUI offenses in …
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Understanding Domestic Violence Offenses in Arizona
In Arizona, domestic violence is characterized as any act of violence or threat directed towards a member of a family or household. The law encompasses a variety of relationships, including …
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When M&A Meets the CTA: What The Corporate Transparency Act Means for Your Merger or Acquisition
In the year 2024, the landscape of mergers and acquisitions (M&A) in the United States underwent a profound transformation with the introduction of the Corporate Transparency Act (CTA). Designed to …
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The Importance of Estate Planning in Arizona: Why Now is the Right Time
In a world where uncertainties loom large, preparing for the future has never been more critical, especially when it comes to estate planning. For Arizona residents, the present moment offers …
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Hospital obligations upon discharge of care home or assisted living residents
In Part 1 of our recently-posted article concerning the new law, A.R.S. § 36-4204.04 that went into effect January 1, 2024, we addressed facility and EMT obligations upon sending a …
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Assisted Living Facilities – Emergency Hospital Admissions and Discharges
Assisted Living homes and centers have some new statutory obligations and protections as of January 1, 2024. A law that was partially sponsored by industry trade organizations was signed by …
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Does The New Corporate Transparency Act Impact You?
What You Need to Know! Client Alert: There are many questions surrounding the upcoming implementation of the Corporate Transparency Act (CTA). We have prepared this outline to guide you through …
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Three Must-Know Facts About Bankruptcy: A Simplified Guide
As we brace ourselves for some tough economic times ahead in Arizona, it’s wise to have a good understanding of options that could help navigate financial storms. One such option …
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Should you reaffirm your mortgage when going through bankruptcy?
Bankruptcy is not an easy process and when you’re going through it, you have a lot on your plate and have to make tough decisions. One of the big questions …
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Davis Miles McGuire Gardner, PLLC Announces Alan Soelberg as New Managing Partner
NEWS RELEASE: Davis Miles McGuire Gardner, PLLC, one of Arizona’s leading and largest law firms, is excited to announce Alan Soelberg as its new Managing Partner. Alan Soelberg joined the …
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PRESS RELEASE: 11 Davis Miles McGuire Gardner Attorneys Named to 2024 Best Lawyers® List
Davis Miles McGuire Gardner, PLLC. would like to congratulate eleven of its attorneys for being named to The Best Lawyers in America list. Recognition by Best Lawyers is highly regarded …
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You’ve Been Charged with a Crime, Now What?
When facing criminal charges, protecting your rights and securing a favorable outcome is paramount. Questions begin clouding your mind of what happens when I’m charged with a crime? What happens …
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How Can I Get Custody of My Child?
If you’re wondering how to get custody of your child, Davis Miles McGuire Gardner is here to help. Our caring and experienced family law attorneys are dedicated to supporting you …
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MOCK INSPECTIONS
As a regulated business, you have a responsibility to ensure that you are compliant with industry standards and regulations. One effective way to do this is by hiring a mock …
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How do I Avoid Probate?
While a last will and testament is an incredibly important starting point, a last will and testament only *controls* the probate process. It does not *eliminate* the probate process. Probate, …
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Decoding the Enigma: Fascinating Real Estate Law Revealed
Welcome to the less traveled paths in the world of real estate law, where the lines between what you may think the law should be and what it is are …
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Secure Your Legacy: Celebrate National Make a Will Month by Protecting Your Loved Ones
As we celebrate National Make a Will Month this August, it is crucial to reflect on the importance of estate planning and the peace of mind it brings. Many people …
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Arizona Adopts New Spousal Support Guidelines: What You Need to Know
As an Arizona State Bar Certified Specialist in family law matters in Arizona, I will be watching closely over the next year or two to see how the new Spousal …
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Are All Living Trusts Really the Same?
When it comes to estate planning, there is a common misconception that all living trusts are created equal. You may have heard someone say, “I already have a living trust, …
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Reaffirmation Agreements in Personal Bankruptcy
When individuals file for personal bankruptcy, they typically expect that their prior debts will be resolved through the bankruptcy process and no longer be a concern. However, it can come …
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Understanding Essential Estate Planning Documents and Their Significance
Estate planning is a crucial aspect of financial and personal affairs that everyone should prioritize. By creating key estate planning documents, individuals can ensure that personal wishes are carried out, …
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What is “Asset Protection”?
When we hear the term “assets,” many of us may assume it doesn’t apply to us. We might think, “I don’t have any assets. I’m struggling to pay my bills, …
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Breaking Down Bankruptcy with Eight Simple Questions
In these unpredictable economic times, bankruptcy is a topic that’s on the minds of many people. If you’re struggling with overdue car payments, a burdensome home loan, mounting credit card …
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How To: Probating an Estate and Administering a Trust
Probating an estate or trust is a bit like fixing up a car engine. You need to follow each step carefully to make sure everything runs smoothly. If you’re acting …
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Understanding Community Associations in Arizona: Planned Communities and Condominiums
Edmund F. Richardson, Contributor Introduction: Today we’re diving into the world of community associations in Arizona, specifically focusing on Planned Communities and Condominiums. Understanding the distinction between these two types …
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Beyond the Courtroom: The Advantages of Mediation and Arbitration in Resolving Business Disputes
In the resolution of business disputes, litigation is often seen as the default option. However, the expense of court, including attorneys’ fees and legal expenses, can be too high for …
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Assisted Living Facilities Need to Get Ready for a New Arizona Law Addressing Emergency Hospital Admissions and Discharges
Assisted Living homes and centers will have some new statutory obligations and protections as of January 1, 2024. A new law signed by Governor Hobbs in May addresses emergency transportation …
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New Mexico Steps Up to Support Individuals in Bankruptcy: A Fresh Start
Facing financial difficulties and considering bankruptcy can be overwhelming. But here’s some good news: New Mexico has recently taken significant steps to strengthen protections for individuals in this situation. These …
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Is an Estate Plan Necessary? Part 2.
Previously, in Part 1, I explained how a competent estate plan can be an act of love to those surrounding you by giving them authority to act on your behalf …
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Exploring Trust Laws in Arizona: Safeguarding Your Assets with Confidence
Contributed to by Ronald L. Jones and Charles Thompson When it comes to estate planning, one key instrument that can offer peace of mind and protection for your assets is …
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I’m Behind on House Payments, Can I Still File Bankruptcy?
People often have questions about whether they can file for bankruptcy if they’re behind on their house payments. Well, the answer is a resounding yes. However, determining the most suitable …
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Impact of a Divorce on a Business
As an Arizona State Bar Certified Specialist in family law matters in Arizona, many of my divorce cases involve business owners and business issues. Starting a business can be an …
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What Every Arizona Executive and Business Owner Should Know About White Collar Crime
As a defense attorney who has represented numerous clients charged with white-collar crimes, I can tell you that these types of offenses are often complex and can carry severe consequences. …
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Buy Sell Agreements Are an Important Tool for Small Business
As Small Business Month continues, it’s important for business owners to consider all aspects of their operation – including the potential for future changes in ownership. That’s where buy sell …
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The Bed Bath and Beyond Bankruptcy…Signal of Things to Come?
As a bankruptcy attorney, I am always keeping a careful eye on the latest developments in the industry, and the recent news that Bed Bath & Beyond has filed for …
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Don’t Let Your Short-Term Rental Be a Long-Term Headache
Air B-N-Bs, VRBOs, Short term vacation rentals (STRs): Everyone hates them. Everyone loves them. And absolutely everyone and their mother has plans to make supplemental income off their spare room, …
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DIVORCING FROM OR CO-PARENTING WITH A NARCISSIST: How to Deal with a Narcissist in a Divorce Situation
As an Arizona State Bar Certified Specialist in family law matters in Arizona, I have divorced my share of narcissists (or rather helped my clients divorce the Narcissist to whom …
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When Pulled Over in New Mexico…ALWAYS Ask for a Court Date
When traveling in New Mexico have you ever been pulled over by an officer for speeding or another motor vehicle infraction? If so you are not alone. I have worked …
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Arizona law allows individuals to Set Aside Convictions and Seal Convictions
Arizona law allows individuals to Set Aside criminal convictions and Seal criminal convictions. Understanding these two ways to minimize the long-term effect of a criminal conviction, and how they are …
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Should I Change My Job (While A Divorce Is Pending)???
As an Arizona State Bar Certified Specialist in family law matters in Arizona, I am often asked about clients changing jobs during a divorce process. While my answer to each …
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Road Rage and Other Incidents…Should You Call 911?
In training sessions I tell people all the time to always call 911. Then, you have on record that you tried. If he had called 911 and reported the accident …
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HOW ASSETS ARE DIVIDED IN HIGH PROFILE DIVORCE CASES IN ARIZONA
With rumors rampant about possible divorce of high profile players in the sports and glamor world, and in society in general, the question comes up: How are assets divided in …
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Running Sideways
By Paul Ward It’s an honor to post this guest article on the #finelife blog. Kevin Fine has been an enormous influence on me, not just in his marathoning. Kevin …
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Is an Estate Plan Necessary? Part 1.
Is an Estate Plan Necessary? Part 1. Short answer? No, estate planning is not necessary in the strictest sense of the word. The correct answer? Yes! It is absolutely necessary. …
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What to Do When You Want to Quit! Lessons from the Jack and Jill Marathon
I woke up in the basement bedroom of my daughter and son-in-law, in Bellevue, Washington. It was 2:00 a.m., July 30th, 2022– the morning of the Jack and Jill marathon …
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Dark Clouds on The Horizon – Preparing to Survive a Recession
No one has a crystal ball that can predict if or exactly when a recession is upon us. What 20 years of legal practice devoted to protecting billions of dollars …
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Don’t Let Your Summer be a Bummer – ATV and UTV Crashes Can Kill
The Balance Between Risk and Adventure In the vast desert of the Southwest, driving all-terrain vehicles and quads is a common activity, but sadly the danger they bring results in …
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Most New Mexico Renters Don’t Know About A Simple Way to Get Fast Action From Landlords
By Ingrid Carlin and Charles McElwee Members often call the Access to Justice attorneys in New Mexico frantically seeking help because their Landlord has failed to deal with conditions posing …
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Why Filing for Bankruptcy Despite Rent Relief Can Be Your Best Option
By Noah Johnson As the world begins to make its way towards normalcy, at least as close as it can get, responsibilities such as rent will slowly creep back into …
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David Goggins 4x4x48 Challenge Take 2 What Is It; Why Is It?
There is no reason for anyone to remember this but me: Last March I participated in a “challenge” that David Googins (look him up–it’s worth it) offered the world as …
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WHEN IN DOUBT, LIST IT OUT: Why Your Divorce Decree Should Specifically List Out All Major Assets and Debts
As an Arizona State Bar Certified Specialist in family law matters in Arizona, I often am asked by client whether their assets or debts need to be itemized in the …
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Who Gets To Shout? What You Need to Know about Bike, Pedestrian, and Vehicle Laws.
There is a growing recognition that increased bike use can help address several “big picture” problems. Bike use can be good for fitness, emotional well-being, government infrastructure budgets, and the …
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Child Custody: Rich People Problems? What you share in common with Kanye West
As most know, two of the biggest stars in pop culture, the artist formerly known as Kanye West (“Ye”) and Kim Kardashian West, are in the process of dissolving their …
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My Marathon Approach to “Wellness”
As anyone knows who will listen, or can’t get away fast enough, I just ran another marathon (I think number 23) on Saturday. But, why? From about mile 20 to …
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What to Do When Your Business Gets Sued…
Virtually every business owner runs into conflict. This can be with competitors, customers, employees, vendors and suppliers, landlords, tenants or your creditors. When that conflict rises to the level of …
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It’s The Time for Gifting
The IRS has raised the annual gift exclusion to $16,000 for 2022.1 What does that mean? An individual may gift to any other individual $16,000 in 2022 without reporting the …
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U.S. Supreme Court Rules on OSHA COVID-19 Vaccine Mandate
By Elizabeth Nañez January 13, 2022 In a 6-3 ruling, the United States Supreme Court stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (the “Mandate”). OSHA …
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Elizabeth Nañez is 2022 Diversity Legal Writing Program Intern and Scholarship Recipient
Davis Miles welcomes our 2022 Diversity Legal Writing Program intern and scholarship winner Elizabeth Nañez! Liz is a May 2022 J.D. Candidate at Sandra Day O’Connor College of Law at …
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ARIZONA FAMILY LAW ATTORNEY DISCUSSES REVENGE PORN: What Not To Do With Intimate Photos From a Marriage or Relationship
As an Arizona State Bar Certified Specialist in family law matters in Arizona, I have been asked many times about sensitive photos or videos of intimate acts or nudity. While …
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Is Accrued Vacation Pay Community Property? AZ Court of Appeals Says: It Depends!
As an Arizona State Bar Certified Specialist in family law matters in Arizona, I wrote in one of my prior blog articles that the Court may be able to treat …
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If I pay off my credit card before filing Bankruptcy, can I keep it?
A fundamental element for persons filing for Bankruptcy protection requires a Debtor to disclose all outstanding liabilities. So what happens if I have a zero balance on my credit card …
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Lessons From Spartan Racing – You Can Always Improve Your Mental and Physical Condition
My youngest daughter got married six months ago and at her reception I was visiting with her new father-in-law, Joe. An orthopedic surgeon in Idaho, Joe is in incredible shape. …
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Family Law Team Creates New Paternity Case Law in Arizona Appellate Win
The family law team of Spencer Schiefer, Douglas Gardner and Brittany Skinner recently had a victory in the Arizona Court of Appeals which not only created new case law but …
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I Wasn’t Invited To the Will Reading!?
Hollywood magic has created the expectation that once someone passes away, the family will gather at the deceased’s attorney’s office and sit expectantly to hear the reading of the Will. …
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I Can’t Find The Will! What Do I Do?
Many families call in asking a key question, “Is there a registry in Arizona? I can’t find my deceased loved one’s Will.” The answer may surprise you… Arizona does not …
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Boston Virtual Marathon – Which Provides More Power – Your Will or Your Support Group?
I did not intend to run a full marathon, in Tempe, in early October. No one in their right mind would do that in Arizona, because it is still too …
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The Case of the Multicultural Mural in Santa Fe – A Happy Outcome for our Artist Client
A LegalShield member artist created an iconic mural in Santa Fe many years ago. It is called “Multicultural.” The New Mexico Department of Cultural Affairs was to remove the mural …
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Estate/Gift Tax Exemption Could be Reduced by 50 Percent by 2022
A little mentioned curve-ball in the September House Ways and Means Committee proposed tax package which would raise top tax rates on ordinary income to nearly 40 percent (and capital …
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Is An Auto Injury Claim a Sprint or a Marathon?
This cliche analogy is so common that I’m surprised you are still reading. I have to assume that most people using the comparison have little or no experience with either …
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How An Auto Injury Claim “Looks”
I know what you are thinking: Visions of mangled cars or crutches, casts and wheelchairs, maybe even from the flood of injury lawyer television ads, come to mind. But that …
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Why Is It So Hard To Exercise?
I recently had one of my most miserable training runs ever. There were “reasons” it was harder than usual, but that doesn’t change that there was little about the experience …
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Auto Injury Law Is Not Complicated–But It Is Hard
No one reads articles like this just for fun–not even lawyers. So, I assume you found this because you have been injured in an auto accident and are trying to …
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What Blended Families Need to Know About Intestacy and Estate Planning
“Bruce told me it didn’t matter if he did estate planning,” Dolores* said, thumping into the conference room chair. She looked like she’d stepped straight out of a 1950’s beauty …
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The Ongoing Fight For The Right To An Attorney
“You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you.” A phrase known by every American from an early …
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5 Biggest IP Mistakes and How to Avoid Them
Many business owners come to me worried that they have made a mistake with their intellectual property. Sometimes I can help fix the mistake, but other times the company has …
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Adding “Ultra” Challenges To a Fine Life
I still seem to learn most valuable lessons by “doing,” instead of only studying. This is why I attribute so many life lessons to the marathons I’ve run. You cannot …
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Ties that Bind – Contracts are Central to Almost Everything
When you drove to work today you were basically exercising a privilege granted by your state. A privilege that can be taken away by law if certain terms aren’t met …
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Roses and Thorns of COVID-19 Response – How Arizona’s SB1377 Provides Protection From Lawsuits
During the COVID-19 pandemic, many businesses were forced to take quick measures to protect their customers, clients and employees. In the aftermath of the COVID-19 pandemic, some of those businesses …
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Bankruptcy: Are You Eligible for Chapter 13?
Filing for bankruptcy can be a hard decision and feel daunting as there are many complexities and circumstances to consider. Bankruptcy can offer a fresh start by discharging or canceling …
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Can I Record That Phone Call?
One of the questions we get regularly from clients is…can I record a phone call? Is That Legal? Here are the rules in Arizona: A call from someone in Arizona …
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Temperatures are Back to the 100s – Watch Your Tires!
Do you know how old your tires are? Do you know you should ditch your tires after six years NO MATTER how much remaining tread there is or how that …
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Wealth and Tax Planning: The (multi) million-dollar question is use it or lose it?
When it comes to tax planning in 2021…the message might just be: Use it NOW, Before it’s Too Late If you have assets that total $3,500,000 or more, you should …
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New Mexico: So Close but Not Close Enough – House Bill 36
New Mexico House Bill 36 was introduced during the 2021 Legislative session and passed the House of Representative’s committee with flying colors but could not make it out of the …
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Side Deals and Divorce Decrees
It is not uncommon for divorced spouses to eventually reach a point where they communicate effectively and have some level of trust, especially when children are involved. Generally, emotions quell …
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DO YOU HAVE A COVENANT MARRIAGE? The Law, Your Church, and Your Marriage
As an Arizona State Bar Certified Specialist in family law matters in Arizona, there are a few questions that seem to confuse most litigants. In every divorce, the parties must indicate …
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Multi-Cultural: The Mural, The Lawsuit and Gentrification
Gilberto Guzman’s mural Multi-Cultural has been on the east side of the Halpin Building on Guadalupe Street in Santa Fe, NM since 1980. The state contractually agreed not to alter or paint …
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The Environment is Changing for Estate Planning – here is an update.
With a Democrat-dominant Senate, major adjustments to the estate and gift tax rules may be proposed by Congress soon. The modifications could potentially reverse parts of the Tax Cuts and …
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Ranking Arizona Puts Davis Miles McGuire Gardner at Number Three Among State’s Largest Law Firms
Firm Ranks Top in PPP Support (Transactional/Banking) and Top Two in Family Law and Bankruptcy Law The growing law firm of Davis Miles McGuire Gardner reached another milestone this spring, …
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Does the Tassel End the Hassle? High School Graduation and Child Support
High school graduation is an important milestone for both students and parents. For parents paying child support, graduation season can present an opportunity to modify or terminate their court ordered …
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4X4X48 DAVID GOGGINS CHALLENGE
“I don’t much like being told what to do. I feel like much of my time is spent doing what I must do, should do, or am expected to do. …
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Keeping Up with the Kardashian Divorce: Mental Health in Family Law Cases
As an Arizona State Bar Certified Specialist in family law matters in Arizona, I cannot help being pulled into the news of the Kardashian/West divorce case, including the allegations of …
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Biden Modifies PPP Funding: Now Easily Accessible for Small Businesses and Business Owners of Color
Five changes to the Paycheck Protection Program (PPP), the government’s plan for helping small businesses survive the Covid-19 pandemic, were announced yesterday by President Joe Biden. The country’s smallest businesses …
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CDC Continues Halt on Evictions
By: Kelsi Lane and Diego Brito On January 29, 2021, the U.S. Centers for Disease Control and Prevention (CDC) issued an order to extend and modify its original “Temporary Halt …
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Kelsi Lane Named to Arizona Bar Foundation Board
The Arizona Bar Foundation announced it will add four new members to their board, including Kelsi Lane of Davis Miles McGuire Gardner. About the Arizona Foundation for Legal Services & …
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Davis Miles McGuire Gardner Launches Women’s Initiative
Davis Miles McGuire Gardner, the largest law firm in the Phoenix East Valley, recently launched its women lawyers initiative, with an objective of creating an intentional effort and framework to …
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IS IT ‘CHEAPER TO KEEP HER’? Arizona Certified Family Law Specialist Discusses The Finances of Getting Divorced Sooner Rather Than Later
As an Arizona State Bar Certified Specialist in family law matters in Arizona, I have sometimes heard comments such as: “Wow, divorce is expensive, maybe it would just be cheaper …
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IS THAT EVEN LEGAL? Podcast announces law student/law school scholarship contest!
In 2020, attorney Robert Sewell began an entirely new genre of podcasts – helping listeners understand the impacts of law on their daily lives…and answering the question we all often …
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How to transfer real estate to your children in New Mexico without going through probate
We get a lot of calls from Legal Shield Members regarding what the best way would be to transfer their property to their adult children without having to go through …
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Prenuptial Agreements – What To Do After Signing One So It Serves Its Purpose
Arizona Certified Family Law Specialist Discusses Purposes of Prenuptial Agreements As an Arizona State Bar Certified Specialist in family law matters in Arizona, I have assisted many clients in preparing …
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The DEVIL is in the DETAILS and in the DISCHARGE – creditors beware!
New Mexico is one of only a handful of states and territories in the United States that follow community property law.1 The most basic tenet of community property is a presumption …
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What Is (And What Isn’t) Child Abuse – The Arizona Spanking Law
As an Arizona State Bar Certified Specialist in family law matters in Arizona, I am often involved in cases where child abuse is alleged by or against one or both …
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Arizona Lien Laws: What Every Contractor, Subcontractor or Material Supplier Needs to Know
Arizona mechanics’ and material men’s lien laws provide protection to parties who supply labor, professional services, materials, machinery, fixtures or tools for the improvement of real property. The primary purpose …
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