by Tyler on Presentations

On December 6, 2018, BOWW attorney Dani Chronister presented a CLE entitled The Current State of Attorney Well-Being and Recommendations for Positive Change.  The presentation focused on the 2017 National Task Force on Lawyer Well-Being Report published by the American Bar Association and some of its surprising findings.  The goal of the task force and the CLE was to impart a realistic sense of the wellness red flags within the profession, as well as new ideas on how to combat those red flags in order to maintain a long and happy legal career.

Dani discussed the facts and figures set …

by Tyler on Significant Cases/Transactions

In defending a legal malpractice action in which the plaintiff asserted a claim for wrongful institution of civil proceedings, Mr. Chambliss prepared a motion for summary judgment that set forth the detailed investigation the lawyer had done before filing the lawsuit in the underlying action.  Mr. Chambliss coupled the motion with a demand the claims be dismissed or Defendant would pursue fees pursuant to Rule 11.  On the eve of oral argument, Plaintiffs agreed to dismiss the claims against the lawyer, with prejudice.  Pursuant to stipulation, the Court dismissed the claims in November.…

by Tyler on Significant Cases/Transactions

On behalf of his attorney clients, Tyler Abrahams obtained a judgment in his client’s favor after proving the plaintiffs had suppressed and spoliated evidence throughout the litigation.  Mr. Abrahams oversaw a two year long forensic discovery investigation into the plaintiffs’ computers and email accounts.  His detailed analysis and arguments established how the plaintiff’s misdeeds were severe violations of Rules 11 and Rule 37.  The Court agreed that the only appropriate sanction was a complete dismissal of the Complaint.  The court also awarded the defendants their attorneys fees and costs incurred in having to retain a forensic expert to prove the …

by Tyler on News

Kate Corcoran has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. The induction ceremony at which Kate became a Fellow took place recently before an audience of 850 persons during the Induction Ceremony at the 2018 Annual Meeting of the College in New Orleans, Louisiana. The meeting had a total attendance of 1,020.

Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those …

by Tyler on Presentations

Cody presented a continuing legal education seminar featuring the recent Supreme Court decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S.Ct. 1719 (2018).  The presentation highlighted the tension inherent between religious freedom and anti-discrimination statutes.  Cody addressed the established bodies of law supporting both sides of this ongoing cultural and legal debate.  Cody’s presentation can be downloaded here.…

by Tyler on Significant Cases/Transactions

Kate Corcoran and Michelle Donovan obtained an unanimous wrongful death defense verdict in a week-long trial in Yavapai County.  Plaintiffs claimed that the defendant psychiatrist failed to provide appropriate medical care to their son, causing his death.  After two and half hours of deliberation, the eight person jury returned a unanimous verdict for the defendant psychiatrist. …

by Tyler on News

Jessica Kokal, as Phoenix Director of FDCC Ladder Down and an alumnus of the program, was asked to contribute to the October 2018 Attorney at Law Magazine.  Her article about the advancements and accompanying new challenges that face female professionals today can be found at this link:  How Much Do You Give Up to Have it All?…

by Tyler on General

Because of the growing body of case law regarding the duty to preserve, the importance of protecting the client and the firm from discovery sanctions is expanding and the future of this body of law is still yet to be seen.  As a result, the firm is making every effort to educate its attorneys and their clients about the importance of litigation holds being sent at the right time and to the right people to ensure discovery and litigation move as smoothly as possible.  Jessica Kokal, an attorney at Broening Oberg Woods & Wilson, presented on this issue and the …

by Tyler on Presentations

The Arizona Supreme Court recently adopted amendments to the rules of civil procedure governing matters filed on or after July 1, 2018 in Arizona state courts.  These amendments work together to expedite litigation by requiring the parties to meet during the early stages of litigation to discuss pairing down claims/defenses as well as other anticipated discovery disputes, placing an action into one of three discovery tiers each with its own discovery caps and total discovery deadlines (with the longest being 240 days), and strengthening the mandatory initial disclosure of relevant material requirements.  Finally, the amendments seek to achieve robust initial …

by Tyler on Significant Cases/Transactions

In June 2018, Mr. Chambliss successfully defended a legal malpractice action in which the plaintiff sought damages in excess of three million dollars.  The court granted summary judgment on the basis that ninety percent of the damages were precluded by lack of proximate cause. Plaintiff asserted damages through a quit claim deed and the same property interests had been previously conveyed fifty years prior.  The court granted summary judgment on the remaining damages because plaintiff’s expert had failed to offer an opinion that, “but for” the alleged malpractice, the outcome in the underlying action might have been different (i.e. the …