Blog Authors

Latest from Bailey Law Blog

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

A slip and fall seem like quite a straightforward accident with many potential causes. A slip and fall may occur due to a crack in the sidewalk or a wet floor. However, not every accident comes with a detectable cause. You can protect your business from liability and resulting damages with the right slip and fall protocol in place.
Industries most prone to Slip and Fall
While a mishap can take place anywhere, there are certain business types and industries which are most prone to a slip and fall accident. Slip and falls in the following settings are particularly prevalent:
Continue Reading Slip and Fall Protocol

Beginning January 1, 2024, a new law under the Corporate Transparency Act (“CTA”) 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. 
Bailey Law firm can help navigate your business through this new
Continue Reading New Business Law for 2024

First, set up an appointment with an estate planning attorney at Bailey Law Firm. You may call or main number at (480) 681-5408 or book online at BaileyLawFirmAZ.com. Once you call to begin the process you will be amazed at how good you will feel knowing you are taking steps to protect your family.
With your appointment set, we will send you our Estate Planning Worksheet. This covers basic information about you, your family, and your estate. We ask that you return the Estate Planning Worksheet to us prior to your initial meeting to assist us in preparing for
Continue Reading What do I need to do to get my estate plan started?

 
Licensed establishments that serve alcohol in Arizona have a duty to do so safely and responsibly.  Bars, restaurants and other establishments are not allowed to serve alcohol to a patron who is obviously intoxicated or who the seller knew or should have known posed a danger to the public.
So what does that mean, how much alcohol can bars serve? Arizona liquor laws also govern the maximum amount of liquor, beer or wine that may be served to a patron at one time and the proper procedure for cutting off an intoxicated patron.  Violation of these laws that cause
Continue Reading How Much Alcohol Can Bars Serve?

Our elderly population should be respected and cared for. As the needs of the elderly become too much for themselves or loved ones to handle, families rely on the care of professionals. Families trust nursing homes, assisted living and skilled nursing facilities with their most treasured possession: a loved one. Upon admission, residents and their families envision a place to improve quality of life, engage in enjoyable actives, and meet new friends.
Unfortunately, that wonderful vision is not always the reality. Instead, residencies are too often riddled with falls, wounds, infections, poor nutrition, dehydration, illnesses, depression, anxiety and unexplained injuries.
Continue Reading Elderly Neglect and When and How to Report It