Harper Law Arizona

Arizona Law Firm's iPhone App Makes National News

We were pleased to notice this morning that Law.com's Legal Blog Watch mentioned Harper Law's new iPhone App as one of only three law firms in the nation with their own iPhone App. You can check out the article here.

Harper Law Launches iPhone App

We are pleased to announce that Harper Law has launched its own iPhone App, available for download from iTunes for your iPhone or iPod touch device. The App consolidates feeds from HarperLawArizona.com and from three of Harper Law's most popular blogs:

ArizonaPropertyLaw.com, ArizonaContractLaw.com, and EmploymentLawArizona.com.

Liability to Second Mortgage After Foreclosure

Foreclosure remains a significant concern for many Arizonans.  One of the significant issues related to foreclosure law in Arizona is a borrower's potential liability to a second mortgage lender after foreclosure.  Check out our recent Arizona Property Law Blog post for further discussion of this issue:

Can My Second Mortgage Sue Me?

Looking For A Phoenix Lawyer?

If you are in the market for a Phoenix lawyer you shouldn't have much trouble finding one.  Although I was unable to find any statistics for the City of Phoenix itself, according to the Arizona State Bar website Maricopa County is home to 12,016 lawyers.  That means there are more lawyers in Phoenix than the total population of the towns where many of us grew up.  I grew up in Boise, Idaho when the population was well under 100,000 (it has grown since), and other than one guy at church don't think I ever even met a lawyer growing up.

Now I know that Phoenix is a big city, but twelve thousand lawyers still seems like a lot.  I have been a lawyer practicing in Tucson and Phoenix for well over a decade now, and I was stunned by that number.  I still don't know that many lawyers, but maybe that's because I try to avoid them now.

So what does it mean when you can't hardly turn around without bumping into a lawyer?  Well, it certainly means that if you need to hire a Phoenix lawyer you'll have a wide selection to choose from.  That choice, however, can sometimes be paralyzing.

Of course, you may also be surprised to discovery that its not always that easy to find the right lawyer for you.  Many of Phoenix's 12,000 lawyers work for the government in various capacities, while others work for companies or large law firms catering to the needs of large companies.  The balance work for smaller law firms or practice alone, usually emphasizing certain practice areas in which they have some level of experience and/or expertise.

Most people and small businesses will look to a small or mid-size law firm and, if they are smart, will shop around for a lawyer who is the right fit.  I would advise people looking for a Phoenix lawyer to research on the internet, ask friends and colleagues for referrals, and then meet with a few different lawyers to discuss the legal problem in detail.  Only after one feels comfortable on a personal level and satisfied with the costs and proposed legal strategy should a lawyer be selected.

Obviously, if it looks like my firm might be the right fit, I'd love to have you consider Harper Law for your Phoenix lawyer needs.  Even if we don't practice the type of law you need, we can help you find the right lawyer and negotiate the terms of representation.

This blog entry was written by Arizona attorney Kevin R. Harper.

How Much Is My Case Worth?

The first thing everyone wants to know when talking to an attorney about a possible lawsuit is how much their case is worth. Unfortunately, this is a question that can only be answered by the judge or jury that may ultimately hear your case. Although an attorney may be able to provide an opinion of the value of a case based on his or her experience with similar cases in the past, you should be leery of any lawyer who claims to be able to estimate such a value before having collected all the necessary information to ascertain your damages and weigh them against the strength of the claim that the defendant is liable for your damages. The lawyer typically does not have all this information at the time of your first meeting.

Ultimately, your case is only worth whatever damages you can prove have occurred because of the fault of the opposing party. In personal injury cases, this can be difficult to ascertain, but in most contract and commercial situations, including most employment claims, the measure of damages is related to how much money you may have lost as a result of the actions or omissions or the other side.

Because of excess media attention paid to extraordinary cases, many people have an inflated sense of what their case might be worth. In the vast majority of cases, your claims are only worth the reasonable value of the damages you have actually suffered. Punitive or exemplary damages are not designed to compensate you for your loss, but to punish or make an example of the other side. These sorts of damages are extraordinary and very rare.

In Arizona, punitive damages are only available when you are able to prove that the other side not only is liable, but acted with an "evil mind" in the course of causing your damages. This is a difficult standard to satisfy and punitive damages are only rarely awarded. They should be anticipated in only the most egregious and unusual cases. Because of the uncertainties associated with the trial of any claim, most cases settle before trial.

The value of a case, for settlement purposes, is informed by these uncertainties and can be effected by considerations such as the anticipated difficulty of collecting an award even if one prevails at trial, the costs associated with obtaining such a verdict, and the positive value of collecting now rather than in the future. An experienced Arizona attorney can help a client understand what types of damages are available and the range of recovery that might be expected if the matter proceeds to trial.

Understanding the limitations, and risks, of going forward with a case can frequently help a client avoid making a poor decision by undervaluing or overvaluing a case, which can both lead to an unnecessary financial and emotion toll.

What Can A Tenant Do To Avoid An Eviction?

Does a tenant have any defense to an eviction action brought by an Arizona landlord?  Absolutely! To check out our brief discussion of this issue on Harper Law's Arizona Landlord Tenant Law Blog, please check out our new post:

Arizona Eviction Law - What Defenses Does A Tenant Have To An Eviction?

Arizona Property Law Update - Banking Industry Wants Its Law Back

As recently reported by the Associated Press, the Arizona Bankers Association has asked the Arizona Supreme Court to overturn recent budget legislation that included a repeal of a new law that would have restricted the anti-deficiency protections afforded to many homeowners who lost their properties to foreclosure.

The request seems like a longshot, but its worth keeping an eye on.

Change to Arizona Anti-Deficiency Law Repealed

Check out Harper Law's Arizona Real Estate Law Blog for our recent post discussing the fortunate repeal of SB 1271, which would have significantly changed Arizona’s anti-deficiency law, particularly in how it applies to investors.

Arizona Anti-Deficiency Law - SB 1271 Repealed

New Harper Law Consultation Policy

As of September 1, 2009, Harper Law PLC has instituted a new Consultation Policy. The fee for an initial 1/2-hour consultation is $200, with a $50 discount for pre-payment at least 24 hours before the scheduled consultation.

Harper Law reserves the right to change this policy at any time.

Arizona's Judicial System

Here's a little "mindmap" I made outlining the various elements of Arizona's Judicial System:

Download Arizona's Judicial System