Please take a moment to review our 2012 New Year’s Letter by clicking the link below. It contains important information and updates. Please contact our office to take advantage of the FREE training described in the letter – available at your office or ours! Happy New Year!

2012 New Year’s Letter

It is with pleasure that we announce the opening of a new office location. The firm continues to have a presence in Glendale, Arizona (51st Avenue just north of the 101) and has opened a Sun City, Arizona (Bell just west of 99th Avenue on Boswell, Blvd.) location! The primary firm mailing/delivery address is:

17220 N. Boswell Blvd., Suite 106W
Sun City, AZ 85373

Our main client appointment location is the Glendale office but appointments can be made for the Sun City location as well. Our phone number remains the same.

May the New Year bring us all health and prosperity!

Mediation is one form of Alternative Dispute Resolution that helps parties to legal disputes resolve those disputes without expensive, extensive, and often emotionally difficult litigation. Many parties to litigation want their “day in court”. Mediation is a more appropriate forum to resolve many disputes because it gives the parties a chance to tell their side of the story in a way that is often more meaningful to them. Mediation is also a forum in which the parties have control over the outcome; whereas in court it is the judge that decides the outcome.

On Thursday October 6, 2011 City of Phoenix Mayor Phil Gordon will officially recognize Mediation Week. “Mediation Week is an initiative that celebrates the progress of alternative dispute resolution (ADR). ADR recognizes that not all cases are suitable for costly and time consuming trials and institutionalizes mediation as one of many appropriate dispute resolution processes.” (9/27/11 Press Release). I for one am grateful that the Mayor is recognizing this event and it is my sincere hope that mediation and other forms of alternative dispute resolution become more widely utilized resources for parties to end their legal disputes.

I attended a seminar yesterday that included a lengthy presentation and discussion about collaborative law and holistic practice. The approach of the legal professionals engaged in this type of practice yields strikingly successful results for the client. One of the guest speakers yesterday was J. Kim Wright, best selling author of “Lawyers as Peacemakers, Practicing Holistic, Problem-Solving Law”. While I am an experienced litigator, and I do love the courtroom, I always advise and counsel clients about the hazards of putting the most important decisions of their lives in the hands of a man or a woman who knows nothing about them personally and who does not have a stake in the outcome, beyond appropriate application of law to the facts presented.

Through stories, studies and statistics the seminar provided validation for the manner in which I manage my practice. I believe in working cooperatively with opposing counsel; yet simultaneously holding firm to my client’s position and objectives. I believe in maximizing the return on my client’s investment and working toward minimizing the financial investment that is required. I believe in engaging the services of other professionals when my client may benefit from the additional support.

Lawyers do not need to personify all of the negative stereotypes that exist. It is possible, and preferable, for an attorney to be a human being first and foremost. Embracing a more global view of the client and the opposing party will lead to a greater understanding of the issues, concerns and motivations of each, which in turn will give the attorney insight to facilitate a peaceful resolution.

I hereby throw the gauntlet and challenge my colleagues (and myself) to live up to the nobility of our profession.

On March 10, 2011 the Arizona Court of Appeals, Division One, issued a new opinion related to the lien rights of the Arizona Health Care Cost Containment System (AHCCCS), Arizona’s Medicaid program. When a plan recipient’s settlement with a tortfeasor is for less than the full amount of damages incurred, AHCCCS’ lien rights only extend to medical expenses actually paid by the plan. Specifically, the Court of Appeals held that “…AHCCCS’s lien rights pursuant to A.R.S. § 36-2915 are limited to that portion of a tort settlement that represents recovery of medical expenses actually paid by AHCCCS.” It is common for providers to bill for medical services and then later settle for a less. However, AHCCCS is limited in its recovery to medical expenses for which the plan made payment.

To read the full opinion click HERE.

As an elder law attorney I see far too many cases in which seniors are the victims of abuse, neglect, exploitation and scams. It is often a frustrating process to get law enforcement involved and active in the case.

Arizona Attorney General Tom Horne issued a press release on March 4, 2011 announcing the establishment of the Task Force Against Senior Abuse. The task force will provide “criminal and civil prosecution of elder abuse, neglect, exploitation and scams that target the seniors”.

“A key component of the Taskforce is the creation of an intra-office liaison with the Office’s Criminal, Consumer Protection, Medicaid Fraud and Community Outreach Sections to prioritize elder abuse awareness, prevention and prosecution.”

I am hopeful that this task force will make justice a little more attainable for the elderly and vulnerable adult populations my practice serves.

TASA has a dedicated phone line and e-mail address:

(602) 542-2124
SeniorAbuse@azag.gov

To access the press release and the Arizona Attorney General’s website, click on the link below or copy and paste the link into your browser.

www.azag.gov/press_releases/march/2011/Taskforce%20Against%20Senior%20Abuse%203-4-11.html

My firm is a sponsor of Iron in the Desert II, an event presented by the Area Agency on Aging, Region One and Doves. The event will take place on March 26, 2011 from 4pm – 9pm at Stagecoach Village in Cave Creek, Arizona.

The Doves program is a program that benefits victims of late life domestic violence. It is a non-profit that provides individual resident housing for up to 2 years as well as food, clothing, job readiness training, case management and support to victims of late life domestic violence. Traditional shelters are often not equipped to meet the unique needs of older victims and this program helps bridge the gap.

Iron in the Desert was a fantastic event last year and I expect Iron in the Desert II to be just as wonderful this year. Please contact me if you would like to attend. I have a limited number of tickets available FREE OF CHARGE!

For additional information go to: www.aaaphx.org/sites/default/files/SavetheDate%202011_0.pdf

I am passing along an article I feel is particularly useful to anyone interested in being proactive in protecting their identity.

Having been a victim of identity theft, I speak from personal experience. Anything you can do to minimize the risk of identity theft should be done.

Laura Rogal, Esq. at Jaburg & Wilk, PC wrote the following article to provide you with one way you can make identity thieves work a little bit harder to steal from you.

(As always, the article is provided for your information. It is not intended or offered as legal advice and you should contact an attorney for legal advice about your particular situation.)

Preventing a One-Stop Shop of Your Private Information on the Internet

By: Laura A. Rogal, Intellectual Property Attorney

Have you ever wondered how much of your personal information is accessible on the web? Well, one website has taken all of your information and compiled it into one easy-to-access area with just a few clicks of the mouse.
The website is http://www.spokeo.com which aggregates all publicly available personal information about you in a manner which hasn’t been seen before. Although a few websites have tried to stop it, none have been successful because it is simply pulling public information.
Spokeo’s website describes the strategy behind their site as: “Spokeo’s people search engine specializes in organizing vast quantities of white pages listings and public records. Spokeo’s people search algorithm first collects and aggregates white pages information, and then synthesizes the most comprehensive snapshot of public data offered online. Find anyone by searching a first and last name”.
Not only does the site allow you to search by name, but it also gathers information from your email address, username and even your phone number(s). It has also been found that by just typing in your phone number a map with the picture of your home can be aggregated.
Fortunately, there is a way to stop it from showing up on their site. To remove a listing from Spokeo, you will need to:
1. Go to http://www.spokeo.com/privacy or to the “Privacy” link on the bottom of every Spokeo page to assist you with removing your public search.
2. Enter the URL of the profile search and your email address (the URL can be found on the top of your browser and should look something like “http://www.spokeo.com/search?q=Smith%20Sample#Sample:1219812367?).
3. Spokeo will send you an email verifying your request for removal. Click the link in the email to finalize the removal process of your personal information from their site.
4. Repeat the process! Start by removing the information attached to your name, but you should also remove your email addresses, usernames and your phone numbers! The tabs at the top of Spokeo.com’s home page allows you to search by “Name”, “Email”, “Phone”, “Username” and “Friends”.
An example of why you should take this extra step is that most photo hosting sites use your email address or username to access your account. By just typing in your email address, all of your photos could be easily pulled up and displayed!
This isn’t a perfect fix to maintaining your privacy online, but it is a simple way to ensure there isn’t a one-stop access to an abundant amount of your personal information.
For more information on protecting your personal information online contact Laura Rogal at lar@jaburgwilk.com or Maria Speth at mcs@jaburgwilk.com or visit the Jaburg Wilk website at www.jaburgwilk.com.

There have been news stories and even reality television programs about hoarding and the havoc it wreaks in the lives of the those afflicted with the disorder and their loved ones. Hoarding can cause significant personal isolation and an extremely unsafe living environment. The condition can be difficult to identify, but Daniel K. Hall-Falvin, M.D. of the Mayo Clinic provides a list of common warning signs:

* Constantly acquire things they don’t need, including duplicate items.
* Have piles of clutter everywhere, making it difficult for them to get around in their homes.
* Cannot sort, organize or make decisions about their possessions.
* Have great difficulty throwing anything away.
* Close off areas of their homes or try to keep others from entering their homes.

If you are concerned that a loved one may have a hoarding problem you should seek the assistance of a mental health professional. There may also be community resources in your area. In the Phoenix metropolitan area you can contact the Senior Help Line at the Area Agency on Aging (602-264-4357). Other resources include the Obsessive Compulsive Foundation and the Mayo Clinic. For concerns about animals impacted by hoarding you can contact the Arizona Humane Society or the SPCA.