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Margrave Celmins, P.C. Scottsdale, AZ
January 2016 Bimonthly Newsletter
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The Mule Deer is one of Arizona’s two big-game animals.

Happy New Year!

Social media is everywhere today, and we can be found on most of them: FaceBook, LinkedIn, Twitter, YouTube, Google+, Pinterest. And there are several avenues on social media where we invite clients to share comments on our services. For easy access, simply click on the links provided in this newsletter or visit our website at www.mclawfirm.com, scroll to the bottom of the home page, and on the right you will find links to any of the above. The newest addition is a Pinterest button to our blogs and website that make it easier to save information regarding any subject in which you might have an interest.

We recently sent an announcement about how to “Like” us on Facebook. If you missed that, all you have to do is visit www.facebook.com/margravecelmins and click on the “Like” button. Also, if you’d like to share our page with friends and family, click on the button to the right of message button and scroll down; there is an option to share this page to everyone of your "friends."

For those clients who have a Google+ account, it’s even easier to leave a review of our firm. While logged into Google or GMail, simply visit http://plus.google.com/+mclawfirm and click the button that looks like a pen on the left side of the header area. A pop-up window will then appear with the option to rate the firm using stars and add some text about your experience. The text portion can be left blank or filled in. To publish your review, click the “publish” button.

AVVO is an online legal services marketplace where you may also review our attorneys. Visit www.avvo.com. Click on “Research Legal Advice” on the top right; when the pop-up screen appears, hover your mouse over “Lawyer Directory” on the top left and another pop-up screen will appear. On the top right, it will say “Review Your Lawyer” and below that click on “Write a Review.” Type in the name of the attorney who helped you. Can rate by stars and/or comments. You will be asked a few basic questions, and you will have to check the box that says “I am not a robot; then click the submit button.

You’ll notice that we have a revised newsletter format. I’d love to hear from you if you have suggestions for our newsletter or the website. Meanwhile, enjoy our latest newsletter, additional photos, Michael Kitchen’s article on Motions for Summary Judgment and the stupendous El Nino we’re having.

Patty Copeland, Editor
pcopeland@mclawfirm.com

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Putting a face with the voice of Margrave Celmins legal assistants who help you, they are (left to right) seated Darlene Lundy, Brittany Crane, Linda Suggs, Maggie Betz, Patty Copeland, Cheryl Dahlen and seated Kathy Allison, in front of some of the firm’s Christmas cards.

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Attorney Spotlight
Michael Margrave and Bart Barton spoke to the Phoenix Camelback Rotary Club at the Marriott Old Town in Scottsdale earlier last year. The topic was about private railroad car ownership as Michael and Bart are both members and officers of the American Association of Private Rail Car Owners.

 

Rotary is an international service organization with 1.2 million members and 33,000 clubs worldwide. Rotary's main international project (with incredible financial assistance from the Bill and Melinda Gates Foundation) is the eradication of polio. At present, the only counties with polio are Pakistan, Afghanistan and Nigeria. Nigeria has been without a reported polio case for one year but must remain polio-free for three years to be removed from the list.

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Late last year, Rick DePonte, with the Phoenix Camelback Rotary Club, presented a $500 check to the Colton Cowell Foundation. The founder and president, Charles A. Keller, Sr., has a replica Bat Cave in Phoenix and one of the three authorized Batmobiles in existence. Mr. Keller invites extremely ill children to visit his Bat Cave and ride in his Batmobile.




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Margrave Celmins client Kunesha Walker with Larry Fitzgerald of the Arizona Cardinals, taken after a Suns victory over the Timberwolves on December 13, 2015.


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Motions for Summary Judgment


As anyone who has been through a lawsuit can attest, litigation can be extremely expensive. In order to take a case from the initial investigation through a full trial will easily cost in excess of $100,000 in attorneys’ fees and costs. Additionally, it will typically take at least two years from the date of the filing of the lawsuit until its conclusion at trial. This is not to mention the extreme physical and emotional stress involved, as well as the time taken away from more productive pursuits.

The primary tool to circumvent this lengthy and expensive process is the “Motion for Summary Judgment.” If you are a party, and your case is sufficiently strong (i.e. your claims if you are a Plaintiff or your defenses or the lack of viable claims against you if you are a defendant), you will want to file a Motion for Summary Judgment at some point in the litigation process. If granted, the Motion will preclude the necessity for a lengthy and expensive trial.

Under the law, if there is “no genuine issue of material fact” as to the claims or defenses asserted in a case, a Motion for Summary Judgment must be granted. There is no genuine issue of material fact where “the facts produced to support a claim or defense have so little probative value, given the quantum of evidence required, that reasonable people could not agree with the conclusion proposed by the proponent of the claim or defense.” See Orme School v. Reeves, 166 Ariz. 301, 309, 802 P.2d 1000, 1008 (1990). In essence, what this means is that if in the opinion of the judge, a reasonable jury could not rule in favor of one of the parties in a case, summary judgment against that party should be granted.

Filing a Motion for Summary Judgment is an extensive undertaking, and in a typical moderately complex commercial case will require dozens of hours of attorney preparation time researching the law and reviewing the case records. The cost of filing and arguing a Motion for Summary Judgment can easily exceed $10,000. While expensive, filing a successful Motion for Summary Judgment will ultimately save you tens of thousands in litigation costs. Moreover, even if the Motion is ultimately denied, filing it may help educate the judge about your case, which may lead to higher quality rulings and a more accurate decision at trial.

If you are involved or expect to become involved in litigation and you (1) believe you have a strong case and (2) you believe that there will be no clear questions of fact (which would include differing testimony that a reasonable juror could believe based on all of the facts), then you should strongly consider filing a Motion for Summary Judgment at some point in the litigation. It is traditional to file a Motion for Summary judgment at the close of discovery, but depending on the circumstances, filing one immediately after receiving the Answer may be appropriate.

Michael L. Kitchen
mlkitchen@mclawfirm.com

 
Legal Resources
Instead of hunting around on Google looking for these sites, just log on to http://mclawfirm.com/legal-resources
 
Contact The Firm
8171 E Indian Bend Rd Suite 101, Scottsdale, AZ 85250
Ph: (480) 994-2000
Fax: (480) 994-2008
Monday – Friday 8:30 a.m. – 5:00 p.m.
Margrave Celmins, P.C.
Our Privacy Policy
We recognize the importance of our clients’ trust, and keeping our clients’ information confidential is a high priority. We do not disclose any personal information about our clients. Lawyers have been and continue to be bound by professional standards of confidentiality. We will never share, sell or rent individual personal information with anyone. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers relating to our communications with you. You may unsubscribe if you no longer wish to receive our newsletter.
About Our Law Firm
Margrave Celmins is a member of LawPact, which is an association of independent, business-oriented law firms in the U.S. and overseas. Currently there are 52 member firms. This is a terrific resource for clients who have legal matters in other states and abroad. There are 26 states and 17 countries represented by member firms throughout Europe and Canada, Mexico, Central America, South America, as well as India..
DISCLAIMER
This newsletter is for informational purposes only. Legal advice is provided only through a formal, written attorney/client relationship agreement.

 

Copyright © 2015 Margrave Celmins, All rights reserved.

 

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Margrave Celmins · 8171 E Indian Bend Rd, Scottsdale, AZ · Phoenix, AZ 85250 · USA

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