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All patients are dependent on medical practitioners to help them navigate through their health issues. After all, the life of a patient relies upon the timely detection of a disease so that it can be treated in the right manner. However, did you know that in case a doctor fails at making an accurate diagnosis, he can be put under scrutiny with the help of a medical malpractice suit? A doctor’s diagnosis failure can be incredibly harmful for you or a family member.
Although one point to remember here is that an adverse outcome does not necessarily mean that
Continue Reading Doctor’s Diagnosis Failure: Can One Sue?

Small business NDA’s come up a lot at our firm. NDA stands for Non-Disclosure Agreement. It is a legal document entered into between two or more parties that outlines confidential information about the parties shared within the contract and restricts either party from disclosing the same to third parties.
Sensitive or confidential information includes information like manufacturing processes, secret recipes, formulae, innovative ideas, client lists, sales contracts, etc. It doesn’t include such information, which is or should be out there in the public domain.
There are many instances when business owners (big or small), need to discuss sensitive trade information
Continue Reading Do Small businesses need NDAs to stay safe?

Are you thinking about an estate plan but not certain what might be included in an estate plan? Most people understand that wills and trusts can be used to transfer a person’s property after the person passes away. But an estate plan considers an individual’s or couple’s specific needs and develops a customized plan with will(s), a trust(s), powers of attorney, and other documents that work together to achieve the individual’s or couple’s goals. Although it primarily involves the distribution of property to beneficiaries and naming guardians for minor children, estate planning is related to financial planning and tax planning.
Continue Reading Introduction to Estate Planning

BUSINESS FILING DEADLINES

There is a new Federal Law requiring businesses to submit ownership information to the federal government. It is referred to as Beneficial Ownership Interest (BOI).  In the past, limited liability companies and corporations are formed at the State level with no such requirement. This new federal requirement went into effect 1/1/2024.
  – All entities formed prior to 2024 must submit their Beneficial Ownership Interest filing by the by 12/31/2024. 
  – All new entities formed in 2024 have 90 days to submit the filing. 
  **There are significant penalties for not complying with this new law. 
Continue Reading Beneficial Ownership Information (BOI) Filing Requirement: Deadlines Approaching

It’s About Time the Blame Shifts From the Dogs to the Owners.
As a society, far too many people are quick to blame the dog when a person is bit.  At Bailey Law Firm, we firmly believe that people are to blame, not dogs.  It is the negligent, careless, irresponsible and even reckless conduct of owners that leads to serious dog bite injuries.
It is about time the blame shifts from the dogs to the owners (and their insurance company) — that is where we come in.
Dog owners should carefully introduce new people, in, and out of the
Continue Reading Severe Dog Bites: Holding Owners Responsible, Not Dogs

Estate planning laws are important. Quality estate planning can help you provide for your and your family’s future efficiently and sustainably. Below are crucial sources of estate planning laws for Arizona estate planning and definitions of estate planning terms.
Arizona Statutes
Title 14 is a large statutory law that governs Arizona estate planning. Title 14 – Trusts, Estates, and Protective Pleadings covers a variety of areas. Major sections include:

  • intestate succession
  • probate of wills and trusts
  • protection for those who are under disability during a judicial proceeding

Intestate Succession
What happens if you never create a will or plan your
Continue Reading Jump start your Estate Planning Journey

Hiring is stressful enough – How am I going to find the right person?  Do I have enough consistent revenue to justify another employee? You also need to consider what questions you are asking during the hiring process.
What topics will you discuss during the interview process?
What may be simple small talk to you could turn into a legal nightmare.
Six questions to avoid in your interview and hiring process
Avoid these 6 questions in your interviews:
What class were you at ______________?
It’s come up that you and the candidate went to the same college or high school.
Continue Reading Interview questions to avoid during the hiring process

Most causes of action do not allow the winner to recover litigation and attorney fees. In other words, even if you “win” the case you will still be responsible for the attorneys’ fees it costs you to get the win.
What to know about litigation and attorney fees
But, breach of contract is a common cause of action that notoriously carries the opportunity for attorneys’ fees for the winner. The idea is that a party should not have to expend resources to enforce terms that the parties already agreed to.
Even in breach of contract claims attorneys’ fees are often
Continue Reading Litigation and attorney fees

Keeping up with Arizona LLC laws can be tough. Arizona recently implemented a new Limited Liability Company Act. The new law went into effect on September 1, 2019 as to LLC’s created before that date.
As of September 1, 2020 it will govern all LLCs formed in Arizona, regardless of formation date.
What you need to know about the law
A major change in the law has to do with distributions and voting rights. The new law states that distributions are made in equal shares.
Unless an operating agreement says differently, members will receive distributions in equal shares, regardless of
Continue Reading Arizona LLC laws

All kidding and sillyness aside, everyone at Bailey Law Firm has been influenced in some powerful way by Cynthia Braun. 
Cynthia, we wish you happy anniversary on this 3rd year along with some personal wishes from each of us.  Thank you, Cynthia 🙂

There are some hires that profoundly impact a business and Cynthia is undoubtedly one of those hires for my firm. Over the past three years, she has done great work for our clients, set a positive example for our team and been instrumental to our growth. Cynthia’s commitment to quality work backed by her passion for helping
Continue Reading Happy 3 Year Anniversary Cynthia Braun!

The new reporting requirement began January 1, 2024.  This is a new law under the Corporate Transparency Act (“CTA”) and will require those who own an LLC and/or other corporation entities to report and disclose ownership information directly to the Financial Crimes Enforcement Network (“FINCEN”), an arm of the United States Department of Treasury. 
Unless an exemption applies, this newly enacted requirement will likely affect your business. Certain personally identifiable information (“PII”) will need to be assembled and required to be reported to FINCEN.  Penalties may apply for failure to disclose the required information to FINCEN. 

  • A reporting company created


Continue Reading When do I need to file?

It’s expected over the course of the next two decades there will be millions of autonomous vehicles on our roadways. As vehicles transition from fully-driver controlled to fully-automated, there are changing legal considerations.
Driverless vehicles current legal state
The current legal landscape on the federal level, there is only guidance. In 2016, the Uniform Safety Regulations were passed. These provided a 15 point safety checklist for manufacturers.
In 2017, NHTSA came out with guidelines relating to autonomous vehicles, so we must look to the states for actual legislation .
Almost all states have enacted legislation or executive orders around autonomous
Continue Reading Legal Implications of Driver-less Vehicles

There are several different types of deeds.  At times, there can be confusion over the proper deed to use for the circumstance.
Below is a list of common deeds:
Warranty Deed: This type of deed provides the highest level of protection for the buyer as it includes the covenant seisin, covenant of quiet enjoyment, covenant against encumbrance, warranty of title and covenant of further assurances. These covenants are what ensure the buyer that the grantor is passing good title and if not, the seller will do what is necessary to make title good.
Special Warranty Deed: Similar to a general
Continue Reading What type of Deed?

Do my estate planning documents cover medical decisions?

There are three components to your medical directives and medical decisions. These three components are:

  • a living will
  • a health care power of attorney
  • a mental health care power of attorney

You may also get the individual medical directives separately.

What is a Living Will – Medical Decisions

A living will sets forth your end of life decisions. This document works for more than a few states. A terminal condition, a persistent vegetative state or an irreversible coma and unable to communicate your medical decisions.

The
Continue Reading Medical Decisions