Academy MemberMap & Directions
Regularly travels out of state to: Colorado, Idaho, UtahOther ADR Services: ADR Training/CME, Discovery Referee, Early Neutral Evaluation, Fact Finding, Mini-Trial Judge, Special Master
- SIERRA VISTA
AV Preeminent® Attorney (FL, AZ) over 45 years. Former “Big 4”Audit Senior and Former CPA (NC & FL). Sustaining Member, Arizona's Finest Lawyers.
Appointed as arbitrator or mediator in 400± AAA, FINRA, private and court-annexed mediations and arbitrations in Arizona, Florida, Utah, Colorado, Idaho,South Dakota, etc.,
Appointed as Discovery Special Master by Maricopa County, Arizona Superior Court.
Having been a CPA and audit senior (for what was then Price Waterhouse ) on two REIT's (one, a NYSE traded, mortgage portfolio REIT and the other an offshore, open-end, equity portfolio REIT), and a privately held securities broker-dealer before attending law school, proved to be invaluable : (i) as a transactional attorney; (ii) as a civil / probate / bankruptcy court, and appellate litigator (with countless bench trials, seven state and federal jury trials, and over 15 state and federal published opinions as sole or lead counsel); and (iii) as a neutral mediator, sole arbitrator, panel chair, panel member, court special master (e.g., discovery disputes), and consultant to other attorneys on ethics, accounting, fraud, valuations, tax, and other issues.
Many of my most interesting cases -- as an advocate and as a neutral -- have involved document-intensive and ESI-intensive disputes with complex legal and factual issues, and multiple defendants/respondents. In those cases, some or all defendants/respondents have often retained separate counsel where a potential conflict of interest might exist by, for example, the lead defense attorney representing more than one defendant/respondent.
I currently focus my practice on serving as an arbitrator, mediator, and court special master. I have also served previously on occasion as an evaluative, forensic, etc. consultant for other attorneys. Just as my prior ADR and litigation cases as an advocate, most of my ADR cases as a neutral have been and continue to be sophisticated secured transactions or other contractual disputes, valuation issues, co-owner disagreements among shareholders, LLC members, family members, or business partners, and/or allegations of real estate, securities, or general business fraud, breach of fiduciary duty in a business or probate/trust/guardianship context, violations of non-competition covenants, wrongful discharge, defamation, and other business torts.
We moved from Orlando to Scottsdale in October 2005 to enjoy the same meaningful relationship with our then-toddler grandchildren as we had benefited from with our grandparents, but without retiring. Rather, we were blessed to serve as a non-equity member of the securities litigation team of a nationally known metro Phoenix mid-sized law firm for the next three years to December 2008.
During the subsequent economic crash, we served stints as an Arizona assistant attorney general (Financial Remedies Section, i.e., civil RICO seizures and forfeitures) and as court counsel to the Chief Judge for the Superior Court in Maricopa County..
Because I now focus on providing ADR and selective attorney consulting services and do not require support staff, I enjoy a lower overhead (and share the benefit by charging a lower hourly rate than some of my equally experienced neutrals who continue to also maintain an active litigation or transactional practice).
As a result, however, I am also usually able to offer a less-congested calendar, and thus, earlier bookings, than those who still maintain an active litigation practice and than those neutrals who began practicing in metro Phoenix when the local Bar and the number of neutrals were much smaller. To continue my efforts at timely ADR services on AAA and private arbitrations and AAA, FINRA, and private mediations, although I will continue to serve on and conclude my presently pending FINRA arbirations, most of which have final hearings already scheduled for this year and 2021, I will be no longer accepting new FINRA arbitrations. .
In summary, I have the experience, temperament, and patience to thoughtfully assist counsel and your clients to mediate or arbitrate your disputes, or to serve as court special master on discovery, valuation, accounting, tax, or other disputes, or to provide evaluative, forensic, or other consulting services for you, depending on your needs in a particular case. .
- ADA Disability
- Banking & Finance
- Business Dissolution
- Civil Rights
- Class Actions
- Community Associations
- Consumer Fraud
- Contract Disputes
- Cross Cultural
- Debt Collections
- Elder Abuse
- Eminent Domain
- Entertainment Sector
- Family Businesses
- Health Care
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Local Govt./Municipalities
- Media & Communications
- Medical Devices
- Mergers & Acquisitions
- Mortgage Foreclosure
- Personal Injury
- Premises Liability
- Professional Fees
- Professional Malpractice
- Property Damage
- Real Estate
- Religious Institutions
- Shareholder Disputes
- Title Disputes
- Trusts / Estates
- Unfair Competition
- Venture Capital
J.D., magna cum laude, Mercer University, Macon, GA, 1973 (Valedictorian; Editor-in- Chief, Mercer Law Review (1972 - 1973); Intra-State Moot Court Champion Team (1972); Speaker at Swearing-In Ceremony on Behalf of New Admittees, Fla. 4th District Court of Appeal (Oct. 1973).
B.S. in Business Administration (Accounting Major), U. of North Carolina -- Chapel Hill. Order of the Old Well (honorary society).
Stetson University College of Law, Circuit Court (Civil) 40-hour Certified Mediator Training Program (1992) and countless other approved continuing education and training programs in mediation and arbitration offered by the Orange County (FL) Bar Association, the AAA, FINRA, the Florida Supreme Court's Dispute Resolution Center, and other national, state, and local Bar and law-related organizations before and after inclusion on: the M.D. Fla. - Orlando Division arbitration panel for court-annexed, non-binding arbitrations circa 1989, AAA's large, complex commercial case arbitration and mediation panels in 1996, and FINRA's arbitration and mediation panels, including employment disputes, when I finally applied to FINRA in 2010 tto be added to its panels after having litigated, arbitrated, and mediated for and against securities broker-dealers in prior years. Prior to law school, as a CPA and audit senior in Price Waterhouse's Miami office, I had supervised the audit of a privately held securities broker-dealer and market-maker in Florida OTC stocks.
Memberships & Affiliations
- Sustaining Member, Arizona's Finest Lawyers 2015-Present.
- Volunteer Settlement Officer and Volunteer Attorney Member, Arizona Supreme Court Attorney Discipline Panel 2011-Present.
- Executive Council, ADR Section, Arizona Bar 2014-2016
- President-Elect (2015-16)/President(2016-17), Board Member, Arizona Association for Conflict Resolution, 2014-2017
- Volunteer Settlement Officer and Judge Pro Tem, Superior Court of Arizona in Maricopa County 2011-- June, 2014.
- Member, Arizona Bar Unauthorized Practice of Law Committee 2013-2016
- Volunteer Arbitrator, Arizona Bar Fee Arbitration Committee, 2007-2014.
- Member, Arizona Bar Fee Arbitration Committee, 2007-2013.
- Member, Scottsdale Bar Association (Director, 2011).
- Member, Bankruptcy Ct. - Phoenix Mediation Panels 2010-Present.
- Volunteer Mediator, ABA Law Student Representation in Mediation Competition Regional 2010 .
- Arizona Attorney General’s Office Ethics Committee 2009-2010.
- Florida Bar Professional Ethics Committee (Chair, 1996-1997) 1993-2005.
- Florida Bar Special Committee on Unbundled Legal Services 2003-2005.
- Barry University of Orlando School of Law, Adjunct Faculty (Professional Responsibility) Fall 2000.
- Florida Bar 9th Circuit Grievance Committee D (Chair, 1996-1997) 1994-1997.
- Florida Bar Standing UPL Committee (Vice Chair, 1986-1988) 1981-1988.
- Florida Bar Clients Security Fund Committee 1983-1986.
- Orange County Bar Association Law Week Committee (Chair) 1985-1986 .
- Member, American Inns of Court, Thurgood Marshall Chapter, Phoenix; Former Member, Vollie Williams Chapter, Seminole County, Florida.
- Member, American Bar Association, ADR Section
- Former Florida Certified Civil (1993-2014) and Appellate (2001-2014) Mediator.
- Former HOA director (2011-2014) and President (2011)