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Written by Canterbury Law Group

New Years Resolutions for your Pest Control or Landscape Company

The New Year is upon us. Many of us make personal resolutions and many fail at keeping them. It should also be the time to make resolutions for your business. Here are some to consider:

TRAINING
Do you have a regular training program for your technicians? Consider dividing the year into twelve key topics and teaching one per month. Keep track of the attendance at these training sessions and keep the agenda for each meeting. These records become part of your training for purposes of trying to avoid joint responsibility if there is a violation by a technician.

CUSTOMER SATISFACTION
Your customers are your biggest business asset.  Are you responding to their concerns or even know what concerns they have? Some companies use the New Year to call their customers and ask how things are going. Others leave a survey with the technician on his/her visit. Find out what is going well and what is not.

CUSTOMER RETENTION
As stated above, your biggest asset is your customer base. Is it protected from a technician leaving and starting a competitive business? We have drafted hundreds of employee covenants to protect customers. Perhaps you have an employee covenant, but it is old and in need of review. We do that for no charge and let you know of any problems.

IMAGE
How do your technicians look when they arrive at a job site? Are they in uniform? Is their vehicle clean and not leaking? These simple things raise the trust factor in your company. Consider them.

CONFIDENTIAL INFORMATION
You have confidential information and may not know it. Do you have customers’ unlisted phone numbers? If so, these are not publicly available and may enjoy trade secret protection. But, you must take reasonable steps to protect the confidentiality. Do you have a program to ensure confidential information is returned to the office and not disseminated elsewhere? We can help with that if you have questions.

INSURANCE
Everyone knows insurance is a fact of life. Unfortunately, many folks shop by price knowing little about what they are buying. Insurance can be complicated and a good agent will help you decide which risks to insure. When was the last time you had your insurance package reviewed? Isn’t it time?

CONTRACTS
Just like insurance, contracts are a part of our life. Perhaps you cobbled together a contract from other companies or from the internet. But does it do what you want? Are you getting all of the protections you should have? This is something to think about and consider in the New Year.

From us at Canterbury Law Group, we wish you a happy and prosperous New Year!

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Tips to Avoid Losing Money in the New Year

The Scottsdale lawyers at Canterbury Law Group are authorities in bankruptcy matters. As we enter the New Year, we realize that many Scottsdale residents are trying to improve their financial affairs. Unfortunately, the world is full of opportunities for you to give up your hard-earned money unwisely. Becoming an informed consumer is a big step toward avoiding these minefields—and developing the financial power that will keep you out of debt troubles.

Here are some tips for today on how to avoid money traps.

Avoid the “Free” Trial Offer – Ever wonder why businesses are willing to offer that free trial? Sure, it may build customer loyalty and maybe you’ll happily become a repeat buyer. But companies know that many of us will never read the fine print and the vendors typically make no attempt to remind us when the free period is over. Instead your “free” subscription or service converts to a paid one. You are left with an unwanted monthly expense and now they have a steady revenue stream. It is often challenging, if not impossible, to terminate these subscriptions.

Skip upgrades and add-ons – Upgrades at fast food, electronics, retailers and car dealerships make for huge profits so companies really push them. To avoid this trap, do your homework. Know ahead of time what you really want. For example, quiz your insurance agent about how much your own insurance covers you in a rental car. If you later decide an extended warranty or other add-on is appropriate, fine. If not, just say NO. And stick to it.

Don’t co-sign for others – Remember, your best friend or family member can lose their job, and when they do that car will be repossessed and the bank will be coming after you—for the entire unpaid balance.

Filing bankruptcy can seem overwhelming. However, at Canterbury Law Group, we will represent you through the entire process and fight diligently to secure your fresh financial start. Call us today to schedule your consultation. We can put you on the path to reach financial success!

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5 Types of Protective Orders in Arizona

Canterbury Law Group specializes in obtaining orders of protection in Scottsdale. In Arizona there are five types of protective orders:

Order of Protection – A person who believes her/his safety is in danger due to domestic violence or harassment can ask the court for an Order of Protection or an Injunction Against Harassment. An Order of Protection is a legal restraint used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order. It also provides several kinds of protective relief, such as removing firearms from the home, adding other people to the protective order, and exclusive use of the home. However, it is only a piece of paper. You must also take steps to insure your safety.

Emergency Order of Protection – An Emergency Order of Protection is also a legal restraint to prevent domestic violence. An Emergency Order may be granted by an authorized judicial officer in writing, verbally or by telephone for the protection of a person in “imminent and present danger of domestic violence.” An Emergency Order may be used to order a person not to commit acts of domestic violence or contact people protected by the order. Similar to the Order of Protection, it also provides protective relief, such as exclusive use of the home and removing firearms from an abuser. Unless continued by the court, an Emergency Order is valid only until the close of the next day of judicial business following the day that the Emergency Order was issued.

Release Order -In rural counties where it is not required that a judicial officer be designated to issue Emergency Orders when the courts are closed, emergency protection is available through a registered Release Order. Arizona law provides that, when a person arrested for an act of domestic violence is released from custody, any Release Order shall include pretrial release conditions necessary to protect the alleged victim and other specifically designated persons. Within twenty-four hours after a defendant is arrested for an act of domestic violence, the court must forward a certified copy of the Release Order to the sheriff of the county in which the Order was issued for registration. The sheriff must maintain a central repository for Release Orders so the existence and validity of the Release Order may be easily verified. Law enforcement agencies are required to advise domestic violence victims where registration and the conditions of a Release Order may be verified. Faced with a violation of a Release Order, a victim may summon a peace officer to enforce the conditions of the Order against the defendant.

Injunction Against Harassment – The Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. Injunctions can be used for disputes against neighbors, strangers, and people who are or were dating. Harassment is defined as: “a series of acts over any period of time that is directed at a specific person….” The relationship between you and the other person determines which protective order will be used for your situation. The Injunction Against Harassment differs from the Order of Protection in that exclusive use of the home cannot be ordered and the police are not mandated to serve the Injunction.

What is the Injunction Against Workplace Harassment – The Injunction Against Workplace Harassment is the newest protective order available in Arizona. It allows an employer or an agent of an employer to file for relief on behalf of all employees at the workplace, any person who enters the employer’s property and any person who is performing official work duties. This allows the inclusion of numerous people under the protective umbrella of this Injunction, whereas the “personal” Injunction Against Harassment is usually between two people. Harassment for this injunction is defined as: “a single threat or act of physical harm or damage or a series of acts over a period of time that would cause a reasonable person to be seriously alarmed or annoyed.” A qualification was included which ensures that the employer may not seek an injunction primarily to accomplish a purpose for which it was not designed (i.e. prohibit free speech or other activities that are constitutionally or otherwise protected by law.)

It is essential to contact an attorney to evaluate and invoke your rights when dealing with domestic violence. Contact our Scottsdale lawyers today to schedule your consultation.

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Technology Used in Shared Custody

The Scottsdale custody attorneys at Canterbury Law Group have seen firsthand that technology is an invaluable tool for parents dealing with shared custody. In fact, it has become so commonplace in divorce arrangements that technology has even become part of the formal legal process, a development that both divorce lawyers and judges applaud.

Here are some technologies that are being applied to custody cases to help ensure success:

Email and Text Messages – E-mail and texting alone have practically revolutionized post-divorce family relationships. Sending a message can be a great option for communication amongst co-parents, especially for couples who may not yet feel comfortable with the divorce or separation. Necessary information can be relayed to the other party with the ability to review the message before sending it, something that talking face-to-face communication does not offer.

Cell Phones – Parents are often required to buy a cell phone for their child, and call times are recorded to ensure an adequate amount of time is spent talking to each parent. In addition, with a parent calling children directly on their phone, there’s no possibility of a bitter intermediary exchange between parent and parent. It’s also important that parents identify rules associated with the phone, such as times it may be used and which parent is paying for the device, to eliminate any potential problems.

Video Chat – Many joint custody arrangements will stipulate weekly video chat sessions between parent and child while they are apart. Apple’s Facetime, Google’s Hangouts, and Skype are some of the more popular video chat options that are free and can be conveniently accessed on a smartphone. It’s often suggested to add these video chat sessions to the calendar so they’re accounted for.

Custody Communication Tools – When relationships weaken to the point of legal action, courts are now ordering ex-couples to work out their differences via technology. New online custody tools are emerging that have been specifically designed to regulate the communication between both parents. For example, online tool called Our Family Wizard has been utilized by Judges around the country. The program’s goals include easing custody matters and helping parents increase the opportunity to have a healthy and harmonious relationship not only with their child but also with their former spouse. With this program, lawyers supervise e-mail exchanges between the ex-couple, ensuring that each party responds to the other in a timely manner. All e-mails are time dated and tracked.

Interactive Online Calendars – Using online calendar programs can help parents keep up with the day-to-day activities of their children and as a way to keep track of visitation times. For example, 2Houses is an app that was created to help divorced parents schedule and better organize their children’s activities. One of the main features that the app offers is the Calendar, which enables everyone to view an online schedule to ensure that every family member is always on the same page.

If you’re looking for a Scottsdale divorce attorney and/or family law attorney contact us today. Any delay can affect your future and the well-being of your children.

Child Custody & Parenting Time, Custody Terms, Custody Tips, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Family Law Attorney, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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Obtaining Alimony in Arizona

In Arizona, alimony is still awarded in divorce cases.  However, it is crucial to find a well versed Scottsdale divorce lawyer who can help you get what you deserve.

Alimony in Arizona is typically called “spousal maintenance.” When spouses separate, one person may be unable to pay for regular living expenses after the divorce is final, in which case a judge may require the higher earner—whether that is the husband or the wife—to assist the lower earner financially for at least some period of time.

To award spousal maintenance, a court must find that one spouse has the financial need and the other has the ability to pay after first paying their own personal expenses. An Arizona court may determine that need exists if one spouse:

  • does not have enough property—even after the marital distribution—to provide for their reasonable needs
  • contributed to the other spouse’s educational opportunities, or
  • is unable to be self-sufficient through appropriate employment post-divorce.

The courts will typically award alimony at a rate which usually ranges from 16% to 33% of the higher earning spouse’s gross monthly income for a term of years which is usually between 1/4 to 1/2 the duration of marriage.  For example, if the husband has an income of $10,000 per month and the wife works part-time and earns $1,400 per month, the wife should expect $1,600 to $3,300 per month.  A 10-year marriage would equate to 2.5 years to 5 years of spousal maintenance.  Again, every case is fact specific and no result can be assured, but these ranges have been witnessed in many previous litigated cases.

Couples may enter into their own private agreements either waiving maintenance entirely or providing that neither will seek any changes to maintenance in court. Unless they make such an agreement or unless the final divorce order says otherwise, either spouse may request a court to modify or terminate periodic payments due to a substantial and continuing change in circumstances. Payments end when the term of an award expires, when the recipient spouse remarries or upon the death of the recipient spouse.

The Scottsdale divorce attorneys at Canterbury Law Group have represented women and men in their Arizona spousal maintenance cases. To discuss your options in a Scottsdale divorce, call us today to schedule a consultation. 480-744-7711

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Scottsdale Bankruptcy Options in the New Year

The Scottsdale bankruptcy attorneys at Canterbury Law Group are authorities in bankruptcy. For those struggling with their financial affairs, there are laws that provide for the reduction or elimination of certain debts, and can provide a timeline for the repayment of non-dischargeable debts. It also permits individuals and organizations to repay secured debts with more favorable terms to the borrower.

During December and January, we have many clients looking at options to refresh their finances in the New Year. If you are considering filing for bankruptcy, there are four types of bankruptcy cases to choose from:

Chapter 7 is commonly referred to as “straight” bankruptcy or “liquidation.” It requires a debtor to give up property which exceeds certain limits called “exemptions”, so the property can be sold to pay creditors.

Chapter 11, also known as “reorganization”, is used by businesses and a few individual debtors whose debts are very large.

Chapter 12 is used only by family farmers.

Chapter 13 is called “debt adjustment”. It requires a debtor to file a plan to pay debts (or parts of debts) from their current income.

Most people filing bankruptcy will file either chapter 7 or chapter 13 and either type of case may be filed individually or by a married couple filing jointly.
It is no surprise that filing bankruptcy can become tedious and overwhelming. At Canterbury Law Group, we will represent you through the entire process and fight diligently to secure your fresh financial start.

Call us today to schedule your consultation. We can put you on the path to reach financial success!

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3 Reasons to Skip Mediation in Your Divorce

Depending on individual divorce circumstances, the Scottsdale divorce attorneys at Canterbury Law Group may or may not suggest mediation in divorce. For a divorce mediation to be successful and end in a fair and equitable settlement, several factors need to be present. First, both of the parties should have similar financial circumstances, including equal earnings and relatively equal separate assets. Second, both parties should be equally agreeable to the divorce, and they should have an amicable relationship with one another. Third, both parties should have an excellent understanding of the other party’s income and finances, and have equal access to the other’s financial statements. Finally, both parties need to be equally competent negotiators and be in equal negotiating positions. If any of those factors are not present, the divorce is not a good candidate for mediation. Thus, you should proceed with caution before electing mediation.

If you are considering mediation, here are reasons you should think twice before proceeding.

1. No one is looking out for your interests – it is not the job of the mediator to look out for your interests. Rather, the mediator’s job is to act as a neutral party to facilitate the parties reaching their own agreement. In fact, since a mediator is legally bound to be neutral, he or she cannot alert or advise you if an agreement is unfair. Worse yet, some mediators will subtly push the parties into accepting an unfair agreement simply so they can claim that the mediation was a “success.” This is why you are supposed to retain a divorce attorney to advise you in the background during the mediation process.

2. Mediation can cost as much or more than a traditional divorce – People often choose mediation because they think it will be less expensive than a regular litigated divorce. While it can be, this is frequently not the case. People entering mediation are almost always surprised to hear that they should hire their own attorneys to represent them in the background during the process. Once they hear that advice, much of the appeal of mediation disappears. That is why most people ignore that crucial advice, and proceed with mediation without representation. Another, frequently overlooked aspect of mediation that can end up making it more expensive than traditional divorce is the high risk of an unfavorable marital settlement agreement. Lack of knowledge about your spouse’s financial assets, ignorance of the law, and poor negotiating skills can easily cost you tens or hundreds of thousands of dollars when you end getting less than you otherwise would have if you had retained a divorce attorney. You have not saved money if you negotiate a poor marital settlement agreement.

3. There is no guarantee you will settle your case in mediation – If you do proceed with mediation correctly and hire a divorce attorney to represent you in the background, mediation will likely cost you and your spouse anywhere from $10,000 to $30,000 — and you may not succeed in reaching an agreement with your spouse. If you don’t reach an agreement, you may have to start the process over again with traditional divorce litigation. And any money you have spent on mediation will have been wasted, sent down the drain.
To discuss your options in a Scottsdale divorce, call us today to schedule a consultation.

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Gray Divorce After 50: The Increasing Importance of a Spouse Finding Employment

At Canterbury Law Group, the lawyers work with leading industry professionals in the Valley and beyond. Not only do we help our clients form impactful relationships that assist in their continued success after case resolution, but The Firm stays abreast of all matters that impact our client’s legal matters before, during and after the case is resolved.

Emerging trends have recognized that Americans aged 50+ and older are getting divorced at a higher rate than younger people. This trend, coupled with increasing life expectancy is leading to more emphasis being placed on the employment of dependent spouses to contribute to their income stream after a divorce.

People 50 and older comprised 25% of all Americans who got divorced in 2014, up from 8% in 1990, according to the National Center for Family and Marriage Research. Those who quit their marriage late in life can substantially reduce their standard of living and sacrifice their retirement security due to a number of factors. It’s a lot more expensive to live in separate households, and when retirement savings must be divided. Both spouses’ income sources need to be maximized before and after retirement when a divorce occurs.

One Arizona expert witness, Bradford H. Taft, MBA, CMF, SPHR, SHRM-SCP, CFLC, Managing Director of Taft Vocational Experts and Chief Career Strategist of Taft Career Group, has provided valuable information for adults choosing to divorce later in life both during and after a case has resolved.

The traditional role of a divorce vocational expert is to evaluate a spouse’s earning capacity, conduct a labor market analysis, and opine on a spouse’s employability and earning capacity for consideration in determining spousal maintenance and/or child support. By providing these analyses and conclusions, vocational experts play a valuable role in the divorce process.

Vocational evaluators who have a strong understanding of the career transition process including how to plan and implement effective job search campaigns, post-divorce, can bring a high level of efficiency in helping a spouse find a new job. This is especially valuable to a spouse who has been out of the job market for an extended period of time and needs to locate employment as soon as possible. No parent or spouse wants to start over—however, a seasoned vocational expert witness can help bridge that gap.

Here are three steps from Taft Vocational Experts to planning and implementing a “Job Search Campaign” that a vocational expert can assist with:

1. Career Assessment and Objective Setting – In the vocational evaluation during divorce proceedings, an expert gathers information and then evaluates a spouse’s education, interests, skills, knowledge, and experience to determine what career options are the best fit. Then they conduct a labor market analysis to assess the likelihood that an individual can get a job, and what they can expect to earn, both immediately and in the long-term. By continuing to work with the individual to focus on career objectives that match their talents and interests, a vocational expert helps the individual to effectively concentrate on a realistic career direction.

2. Written and Verbal Communication – Once the career objective has been established, it’s time to write a resume along with creating other communication tools to broadcast one’s talents and interests to the job market. A vocational expert can help the job seeker create a strong message that shows how their talents can contribute to the success of organizations.

Verbal communications include brief (30 and 60 second) personal branding statements to effectively introduce themselves in networking situations. Preparing for job interviews includes anticipating what questions a prospective employer will ask as well as creating a list of questions that the candidate wants to ask the employer.

3. Effective Sources of Job Leads – After career objectives have been set and communications tools have been developed, the job seeker is ready to use a number of sources to identify job leads. Surveys show that networking to develop referrals into perspective employers is still the best way to find a new career opportunity, so specific emphasis is placed on how to identify referral sources, develop relationships and get introduced to hiring managers. The Internet has revolutionized the job search process, so learning how to use it effectively to research companies, support networking strategies, identify job postings, and submit applications is also important.

By following through to support a spouse in planning and developing an effective job search campaign, the vocational expert can assume an expanded role in ensuring a positive outcome to the divorce process.

If you or a friend are contemplating divorce or going through a divorce case now, consider our lawyers and staff as your top resource to help you garner your best results in such a challenging life transition. Email the firm today at [email protected] or call 480-744-7711 for a complimentary consultation.

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Simple Tips to Help Avoid Post – Holiday Bankruptcy

The annual gift-giving season is swiftly approaching and the Phoenix and Scottsdale bankruptcy attorneys at Canterbury Law Group know that this can sometimes lead to serious repercussions after the holiday cheer wears off.

To combat any decisions that may lead you to bankruptcy, the law team at Canterbury suggests treating your holiday spending like a business. Below are suggestions to help you stay on track during the most expensive season of the year.

1. Strategize. Begin by creating a holiday spending plan. Decide how much you can afford to spend this season, including gifts, travel, parties, decorations, and any other holiday expenses. Make a shopping list for whom you want to purchase gifts for. Determine how much you’ll earn between now and the holidays and decide how much you’ll need to set aside each paycheck to save the amount you will need. Also, consider your charitable gift intentions and budget.

2. Track your spending. If you realize you do not need to spend as much as you planned in some categories, move the extra funds to other categories. Or, save the money for your debt stockpile when the bills start to arrive in the New Year.

3. Shop without your credit cards. Yes, leave them at home unless you know you need them for a specific purchase and you already have a specific plan to repay the debt. Use cash.

4. Shop smart. Shop online first so you can price compare multiple retail locations. It’s also wise to ignore most of those “big” sales. In reality, deals such as “Buy 2, Get 1 Free” often leave you spending more and acquiring items that aren’t needed. Stores will often mark up items before “cutting” the price and you end up paying the same-or more.

5. Avoid purchasing on impulse. Instead, make a note of the product, where you saw it and how much it was. Consult your spending plan, and, if there’s room, return for the purchase. If you are married, consult your spouse. Do not hide your spending; you are a family and a team.

If your credit card debt truly gets to the point of seeming to reach the point of no return, no matter how much you save or earn—you might consider bankruptcy to flush out all the debt and start fresh and new.

It is no surprise that filing bankruptcy can seem like an extreme option but it does offer a way out. At Canterbury Law Group, we will represent you through the entire process and fight diligently to secure your fresh financial start. Call us today to schedule your consultation. [email protected] or 480-744-7711 or www.canterburylawgroup.com

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Managing Out of State Court issued “Orders of Protection” While in Arizona

The family law attorneys at Canterbury Law Group in Scottsdale, AZ. help victims of domestic violence secure legal protection and navigate the way when dealing with out-of-state orders. They also help defend and quash false allegations from parents who wrongfully obtain orders of protection. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection. Here are some answers to common questions:

1. Can an out-of-state order of protection be enforced in Arizona?

Yes. An order of protection can be enforced in Arizona as long as:

It was issued to prevent violent or threatening acts, harassment or sexual violence against another person, or it was issued to forbid contact or communication with another person or it was issued to order the abuser to stay away from another person.

The court that issued the order had jurisdiction over the people and case – (in other words, the court had the authority or power to hear the case.)

The abuser received notice of the order and had an opportunity to present his/her side of the story in court.

2. Can an out-of-state protection order be changed, extended, or canceled in Arizona?

Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Arizona. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living.

If your order does expire while you are living in Arizona, you may be able to get a new one issued in Arizona but this may be challenging if no new incidents of abuse have occurred in Arizona. To find out more information on how to get a protective order in Arizona, visit our AZ Domestic Violence Orders of Protection page at www.canterburylawgroup.com

3. If granted temporary custody with a protection order, will you still have temporary custody of your children in AZ?

As long as the child custody provision complies with certain state and federal laws, Arizona can enforce a temporary custody order that is a part of a protection order and make it an order of an Arizona court depending on the facts and legal issues presented.

The family law team at Canterbury Law Group will help you and your loved ones stay safe. Call us today to schedule your consultation. 480-744-7711 or [email protected]

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