UCC AND CONTRACT LAW

William A. Miller, PLLC: Your Trusted Legal Advisors in Scottsdale, Arizona

Posted on October 26, 2023 in UCC AND CONTRACT LAW

Introduction:

William A. Miller, PLLC is a leading law firm in Scottsdale, Arizona, providing high-quality legal services to clients throughout the state. With over 35 years of experience, our team of attorneys is well-versed in a variety of practice areas, including real estate, commercial law, business litigation, and probate litigation.

We are committed to providing our clients with the highest level of representation and support. We understand that legal matters can be complex and stressful, and we are here to guide you through every step of the process.

Our Practice Areas:

We offer a wide range of legal services to meet the needs of our clients. Here are some of our most common practice areas:

  • Real Estate: We represent buyers, sellers, and investors in all types of real estate transactions, from residential to commercial. We can help you with all aspects of your transaction, including negotiating the contract, reviewing title documents, and closing the deal.
  • Commercial Law: We provide legal counsel to businesses of all sizes, from startups to established corporations. We can help you with a variety of business law matters, including contract drafting and negotiation, corporate formation and governance, and intellectual property protection.
  • Business Litigation: If you are involved in a business dispute, we can help you protect your interests. We have extensive experience in all types of business litigation, including breach of contract, shareholder disputes, and employment law matters.
  • Probate Litigation: If you are involved in a probate dispute, we can help you resolve the matter efficiently and effectively.We have experience in all types of probate litigation, including will contests, trust disputes, and conservatorship proceedings.

Why Choose William A. Miller, PLLC?

There are many reasons why you should choose William A. Miller, PLLC to represent you in your legal matter. Here are just a few:

  • Experience: We have over 35 years of experience in a variety of practice areas. We know the law and how to get our clients the results they deserve.
  • Aggressiveness: We are not afraid to fight for our clients. We are known for our aggressive and direct style, and we have won numerous high-profile cases.
  • Integrity: We are committed to providing our clients with the highest level of respect and integrity. We will always be honest with you and keep your best interests in mind.
  • Empathy: We understand that legal matters can be stressful. We are here to support you through every step of the process and fight for your rights.

Contact Us Today:

If you are facing a legal challenge, we encourage you to contact William A. Miller, PLLC today. We offer a for an initial consultation so that you can learn more about your options and how we can help.

Civil Trial

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Scottsdale Litigation Firm’s Perspective on Contract Rescission

Posted on October 18, 2023 in UCC AND CONTRACT LAW

Contract rescission is a legal term that describes when a party to a contract breaches the agreement in such a way that the other party is no longer obligated to fulfill their end of the deal. It is a complex legal issue, and it is important to have a knowledgeable litigation firm on your side if you are involved in a contract recession dispute.

What is a material breach of contract?

A material breach of contract is a breach that so substantially impairs the value of the contract to the non-breaching party that they would not have entered into the contract in the first place if they had known of the breach. To determine whether a breach is material, courts will consider the following factors:

  • The nature and importance of the breached term
  • The extent to which the breach deprived the non-breaching party of the benefit of the contract
  • The non-breaching party’s expectations at the time they entered into the contract
  • The difficulty of repairing the breach
  • The availability of other remedies

What are the remedies for a contract rescission?

If a court finds that a material breach of contract has occurred, the non-breaching party may have a number of remedies available to them, including:

  • Rescission: The non-breaching party can rescind the contract, which means that they can cancel the contract and be returned to the position they were in before the contract was entered into.
  • Dams: The non-breaching party can sue for damages, which are intended to compensate them for the losses they have suffered as a result of the breach.
  • Specific performance: The non-breaching party can sue for specific performance, which is an order from the court requiring the breaching party to perform their part of the contract.

How a Scottsdale litigation firm can help you with a contract recession dispute

If you are involved in a contract recession dispute, our Scottsdale litigation firm can help you in a number of ways, including:

  • Evaluating your case: Our litigation firm can evaluate your case and determine whether you have a valid claim for contract recession.
  • Negotiating with the breaching party: Our litigation firm can negotiate with the breaching party on your behalf in an attempt to resolve the dispute without going to court.
  • Filing a lawsuit: If negotiations fail, our litigation firm can file a lawsuit on your behalf and represent you in court.

Conclusion

If you are involved in a contract rescission dispute, it is important to consult with a litigation firm to discuss your options. A knowledgeable litigation firm can help you protect your rights and get the best possible outcome for your case.

If you are looking for a Phoenix litigation firm to help you with a case, contact us today. We have a team of experienced fraud attorneys who are ready to fight for your rights. Bill Miller can help you navigate the legal system and protect your rights. Contact Bill by calling 602-319-6899 to ensure your legal needs are conducted with confidence and legal clarity. Some of the issues covered under trial work and business law that our firm regularly handles involve:

Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow. Call Bill Miller 602-319-6899

Attorney-Client Privilege: A Primer for Phoenix Litigation

Posted on October 6, 2023 in UCC AND CONTRACT LAW

Introduction

The attorney-client privilege is one of the most important protections in the American legal system. It allows clients to communicate freely with their attorneys without fear that their communications will be disclosed to others. This privilege is essential for clients to be able to obtain honest and candid advice from their attorneys.

What is attorney-client privilege?

Attorney-client privilege is a legal doctrine that protects confidential communications between a client and their attorney. The privilege applies to both oral and written communications, as well as to documents and other tangible materials.

What are the requirements for attorney-client privilege?

For attorney-client privilege to apply, the following requirements must be met:

  • The communication must be confidential. This means that it must be made between the client and the attorney, and that no third parties should be present or aware of the communication.
  • The communication must be made for the purpose of obtaining legal advice. This means that the client must be seeking legal advice from the attorney, and the communication must be related to that legal advice.
  • The communication must be made with the reasonable expectation of confidentiality. This means that the client must believe that the communication is confidential and that it will not be disclosed to others without their consent.

What are the exceptions to attorney-client privilege?

There are a few exceptions to attorney-client privilege. One exception is if the client discloses the privileged communication to a third party without the attorney’s consent. Another exception is if the client commits a crime or fraud, and the privileged communication is necessary to prove the crime or fraud.

The importance of attorney-client privilege in litigation

Attorney-client privilege is essential for clients to be able to obtain honest and candid advice from their attorneys. This is especially important in litigation, where clients often need to disclose sensitive information to their attorneys in order to develop a winning case. Without attorney-client privilege, clients would be hesitant to disclose this information, which would make it more difficult for their attorneys to represent them effectively.

How to protect attorney-client privilege

There are a few things that clients can do to protect attorney-client privilege:

  • Only communicate with their attorneys about confidential matters.
  • Do not communicate with their attorneys in the presence of third parties.
  • Do not disclose privileged communications to third parties without the attorney’s consent.
  • Keep privileged communications confidential by storing them in a secure location.

Conclusion

Attorney-client privilege is one of the most important protections in the American legal system. It allows clients to communicate freely with their attorneys without fear that their communications will be disclosed to others. This privilege is essential for clients to be able to obtain honest and candid advice from their attorneys, which is especially important in litigation.

If you are looking for a Phoenix litigation firm to help you with a case, contact us today. We have a team of experienced fraud attorneys who are ready to fight for your rights. Bill Miller can help you navigate the legal system and protect your rights. Contact Bill by calling 602-319-6899 to ensure your legal needs are conducted with confidence and legal clarity. Some of the issues covered under trial work and business law that our firm regularly handles involve:

Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.

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The Stages of Discovery: A Comprehensive Guide

Posted on October 5, 2023 in UCC AND CONTRACT LAW

Discovery is the process by which parties to a lawsuit gather information from each other. It is an essential part of the legal process, as it allows both sides to learn about the other side’s case and to prepare for trial. There are four main stages of discovery: The discovery process can be complex and…

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Landlord-Tenant Disputes in Litigation: What You Need to Know

Posted on September 22, 2023 in UCC AND CONTRACT LAW

Landlord-tenant disputes can arise for a variety of reasons, including non-payment of rent, breach of lease, and eviction. If you’re a landlord or tenant involved in a landlord-tenant dispute, you may need to file a lawsuit in court. Common Types of Landlord-Tenant Disputes The most common types of landlord-tenant disputes that go to litigation include:…

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5 Things to Look for When Hiring a Phoenix Litigation Attorney

Posted on September 19, 2023 in UCC AND CONTRACT LAW

When you’re facing a legal challenge, it’s important to hire a Phoenix litigation attorney who has the experience and skills to help you get the best possible outcome. Here are five things to look for when making your decision. If you’re facing a legal challenge in Phoenix, AZ, it’s important to hire a litigation attorney…

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What is Tortious Interference with Contract?

Posted on September 8, 2023 in UCC AND CONTRACT LAW

Introduction: Tortious interference with contract is a legal cause of action that arises when someone intentionally interferes with another party’s ability to enforce a contract. This can happen in a variety of ways, such as by: Tortious interference with contract is a complex legal issue, and the specific requirements vary from state to state. However,…

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Bank Fraud in Arizona

Posted on September 7, 2023 in UCC AND CONTRACT LAW

Introduction: Bank fraud is a crime that involves using deception or trickery to obtain money or property from a bank. It is a serious crime that can have a devastating impact on victims, as well as the financial system as a whole. Bank fraud is a broad term that encompasses a wide range of illegal…

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Contract Misrepresentation in Arizona: What You Need to Know

Posted on in UCC AND CONTRACT LAW

Introduction: When you enter into a contract, you expect that the other party will fulfill their obligations. However, what happens if the other party makes false or misleading statements about the contract? This is known as contract misrepresentation. Contract misrepresentation is a serious problem that can have a significant financial impact on the victim. In…

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What is a Valid Contract?

Posted on September 5, 2023 in UCC AND CONTRACT LAW

A contract is a legally binding agreement between two or more parties. It is an essential part of many aspects of our lives, from buying a house to getting a job. But what makes a contract valid? There are five essential elements that must be present for a contract to be valid: If any of…

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