For many of us looking at inequality and how to promote pay equity, the news that certain structural changes in negotiation can make a difference is quite welcome.  One of the hypothesized reasons for women’s pay inequity is that women might not have negotiated great starting salaries and then were held back over the course of their careers by always having to reveal their previous salary.  In other words, if you (like me) did not negotiate your starting salary but then only got raises based off that lower salary or, even when you transferred jobs, were paid only sufficiently more…
According to the medical experts, one of the possible consequences of the novel coronavirus infection is the formation of blood clots. That makes this a good time to discuss pulmonary embolism, one of the more frequent causes of death resulting from misdiagnosis. It is reliably reported, and consistent with what I have seen in over 40 years of trying medical malpractice cases, that misdiagnosis is one of the leading causes of medical malpractice. Two of the most common misdiagnoses involve myocardial infarctions (heart attacks) and pulmonary embolism. These are certainly the two most common I have seen in my work.…
Taxpayers need to keep a careful eye on their IRS Notices. Many IRS Notices, many with statutory deadlines were dated during the IRS shut-down due to COVID-19, but not immediately mailed. Consequently, there are many IRS Notices with expired action dates. The TaxpAyer Advocate stated that during the shutdown, the IRS generated more than 20 million notices, many of which were not mailed.  As a result, the notices bear dates that now have passed, some by several months and some of the notices require taxpayers to respond by deadlines that have also passed. This IRS mishandling creates a false entry…
Hearsay Rule Defined Under Arizona Rules of Evidence 801 and 802, hearsay is inadmissible unless an exception applies.  Rule 801(c) defines hearsay as a statement that: (1) the declarant does not make while testifying at the current trial or hearing and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (Emphasis added.) Although relatively clear, to further define the rule, a “statement” is a “person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.” Ariz. R. Evid. 801(a).  A “declarant” is “the person who made the…
QUESTION:     HOW CAN REMOTE ONLINE NOTARIZATION WORK? ANSWER:        MANY STEPS ARE REQUIRED TO ASSURE THE ACCURACY AND INTEGRITY OF THE NOTARIZATION AND SIGNING PROCESSES. How could remote online notarization go awry? During my career I have been able to prove at least two fraudulent notarizations when the rules required pen and paper signatures in the physical presence of notaries.  I probably also dealt with a few fraudulent notarizations that I suspected, but could not prove.  The most blatant fraud was the time the notary’s certificate expiration stamp indicated that the notary’s certification had expired prior to the purported date of…
We don’t normally think of elections as dispute resolution mechanisms, but that’s what they are. This year, the election campaigns reflect a deep conflict, with stark differences between Democrats and Republicans about perceptions of the past and present and visions for the future.  The election will provide some resolution of this conflict, possibly producing long-lasting consequences.  Of course, elections don’t produce complete or permanent resolutions, but sometimes they lead to significant changes. It’s common to say that the “next election” is the most important election in history (up til that point).  Sometimes, that has been true in the past.  It’s…
The Second Amendment of the United States Constitution gives you the right to bear arms. As a resident of Arizona, you have the right to purchase, possess and openly carry a gun. Any law-abiding citizen over the age of 21 can carry a firearm openly or concealed without needing to obtain a license. You must, however, follow your state’s related weapons laws to avoid criminal charges. ARS 13-3102 Misconduct Involving Weapons Weapons-related crimes and charges tend to increase around the holidays. The 4th of July and New Year’s Eve are especially popular holidays in Arizona for the unlawful discharge of…
In this post, I’m going to talk about how I weathered the learning curve of being a suddenly very busy attorney while trying to build my firm for the long term. They call it the “practice” of law for a reason. Every lawyer has a lifelong learning curve about not just law and procedure, but about the “soft skills” listed above and many others. As a solo lawyer, you need to know every aspect of your business, and often need to competently execute every bit of it yourself. The post My Early Lessons In Solo Law Practice Growth appeared first…
Washington Post columnist and honorary dispute resolution expert Alexandra Petri provided a highly nuanced analysis of non-apology apologies recently illustrated by the grand master, Rep. Ted Yoho, who called his colleague, Rep. Alexandria Ocasio-Cortez, a “fucking bitch” (pardon my French). (Careful readers will recall my thrilling two-part series on non-apology apologies beginning here as well as sundry other posts about apologies.) Professor Petri distilled the essence of great non-apology apologies.  She writes, “Every good apology contains five parts: 1) What sounds like the beginning of a normal apology. … 2) Denial that the event in question even happened. ……
“Money makes money. And the money that makes money, makes more money.” Benjamin Franklin This centuries old quote by our founding father could not be more appropriate today. Millions of Americans are out of work, surviving on government subsidies and yet the stock market and real estate market are approaching historic highs. Those with capital and a willingness to invest will profit from the shift just like they have in the past. This is Quinn’s fourth economic shift during his career – the bank failures of the early 90’s, the tech bubble of 00s, the financial crisis of ‘08 and…
Most professionals still are working remotely and will be for the foreseeable future. This makes mentoring relationships more challenging. You can have phone calls or Zoom calls with a mentor or accountability partner, but mentoring relationships grow from forging a relationship based on knowing each other. Getting to know each other is harder to do by phone or Zoom unless that close relationship already existed. Even then, it’s not as good as being able to spend time together in person. All of this makes beginning new mentoring relationships more challenging because it’s easier to build the relationship and trust through…