Owens & Perkins, P.C.
Attorneys at Law
A Professional Corporation

Family Law Practice Areas

Facing a Divorce, Legal Separation, or Paternity action?

Owens & Perkins provides legal representation in all areas of family law. These emotionally-charged issues are never easy, but having knowledgeable, caring, experienced Attorneys makes all the difference for you, your children and your future.

Here are some terms related to family law practice so that you might better understand the process:

Divorce:
A court order or “Decree” is the only way one can obtain a divorce or legal separation. In addition to the termination of your marriage, the Court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property and debt of the marital estate, spousal support, child support, restraining orders, etc.

Paternity:
Paternity covers all the matters related to proving or legally establishing the father of a child or children. For married couples, paternity of a child is presumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by filing a paternity action with the Court, during which genetic testing can be done.

Child Custody:
Custody refers to a combination of both physical custody and legal custody. Legal Custody is the charge and control of a child, including the right to make major decisions regarding their education, religion and health care. Physical Custody (more commonly called parenting time) refers to how much time you will spend with your child(ren). Many factors influence an award of custody and parenting time, and the way your case is presented in Court will have a large impact on the result for you and your children.

Child Support:
Child support is a periodic payment made to a parent from the other parent to help support a child's living expenses, i.e. food, clothes, etc. The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Arizona has guidelines that calculate the amount of child support. A parent’s child support obligation is based on several factors, including the parents’ gross monthly income, costs associated with the child (such as daycare and/or health insurance) and the amount of parenting time awarded to each parent.

Protective Orders:
Domestic violence is any form of threats, harassment, stalking, or any other emotional, physical or sexual harm that takes place between two people. Anyone who experiences domestic violence at the hands of someone for whom they have a familial relationship, such as a spouse or other family member, can, and certainly should, immediately consult with an Attorney for purposes of seeking an Order of Protection against the other person. If you do not have a familial relationship with the perpetrator, such as in the case of a friend or other acquaintance, an Attorney can assist you in obtaining an Injunction Against Harassment.

Property and Debt Division:
Property acquired with community funds, regardless of whose name it is under, will be divided equitably (not necessarily equally). Marital property can include real estate, pension plans, retirement plans, vehicles, bank accounts, income tax refunds and/or household goods and furnishings. However, property that is inherited by one spouse is not considered marital property.

If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from you. If the Decree required your ex-spouse to pay the debt and he/she does not, you may have to file a Contempt action in Court to enforce your rights, even though the divorce Decree assigns the debt to your ex-spouse.

If your ex-spouse is filing bankruptcy, depending on the terms of your divorce Decree, you may be able to have certain support obligations determined to be non-dischargeable.

Prenuptial and Postnuptial Agreements:
A prenuptial or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. A postnuptial agreement (“post-nup”) is also a written contract, but instead is entered into after the parties are legally married. These agreements might list separately owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and might specify what property will and will not remain individually owned property after the parties are legally married or after they sign the “post-nup.” These agreements might also specify whether spousal support will be paid in the event of a divorce, and the intentions of the individuals regarding distribution of separately owned property upon the death of either spouse.

Relocation Issues:
When faced with a relocating custodial parent, the law in Arizona requires that the relocating parent give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the other parent an opportunity to go to Court and seek an order restraining or restricting the relocation of their child(ren).

Spousal Support (Alimony):
In Arizona, spousal support (also known as alimony) is the most heavily litigated issue in divorce cases. There are several purposes for spousal support, one of which is to provide a lower-income spouse the financial assistance needed to get back on his or her feet. Unlike child support, which is calculated by using the Arizona Child Support Guidelines, Judges have discretion in determining whether spousal maintenance should be awarded, and if so, the amount and duration (how long) of such an award.

There are several factors a Judge considers when deciding whether to award spousal maintenance. In Arizona, a Judge will consider the length of the marriage, whether a requesting party has sufficient property to provide for his or her reasonable needs, and the ability of the requesting party to be self-sufficient through appropriate employment. If the Court determines that spousal maintenance is appropriate, factors such as the standard of living established by the parties during their marriage, length of the marriage, the age, employment history and earning ability of the requesting party and the comparative financial resources of the parties will be considered to determine the amount and duration of the award.

Adoption:
Adoption is a Court process by which an adult becomes the legal parent of someone who is not his or her biological child. Adoptions create a parent/child relationship recognized for all legal purposes, including child support obligations, inheritance rights, custody and other legal matters.

Divorce Mediation:
The fundamental difference of divorce mediation is the focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. If you think mediation may be right for you, please visit www.endmydispute.com for more detailed information. The strength of a mediated agreement is that it is built by both parties together in an open process that requires the participants to recognize and make accommodation for the needs of the other participant, often without having to compromise one’s own.

While no two situations are alike, the emphasis in mediation is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include a mediation where the parties meet with a mediator along with their divorce lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial. Successful mediation results in legally binding agreements that are filed with the Court, and can encompass all issues in your divorce case.

If you or someone you know in Arizona needs the assistance of an experienced Family Law Attorney, call Owens & Perkins today at 866-649-6229, or complete the contact form provided on this site. Because we know that choosing an Attorney is an important decision, we offer free half-hour consultations.

Criminal Law Practice Areas

One of the most frightening things you can face is being charged with a crime. Whether it’s a first-time DUI or a major felony, Owens & Perkins will defend your rights and present the best case possible for you. Our years of experience – and your lawyer’s individual attention to your case – ensure superior personal representation for you.

DUI/Driving Under the Influence:
"DUI" stands for Driving Under the Influence (also known as “DWI,” Driving While Intoxicated) and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their ability to drive is impaired to the slightest degree and/or their blood alcohol content (BAC) is above the legal limit of 0.08. The penalties are dramatically increased for a second or subsequent offence and/or if an offender’s BAC is over 0.15, and even more so if the BAC is over 0.20. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state-approved alcohol program, mandatory jail and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on an MVD record, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Additionally, a DUI could also jeopardize your employment opportunities.

Far worse, if someone was injured as a result of a DUI/DWI accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with murder, manslaughter or negligent homicide). Further, a DUI may be charged as a felony if it is the driver's third DUI offense; if the driver commits DUI while driving privileges are suspended, cancelled, revoked or restricted for any reason; or if a person under 15 years old is in the vehicle.

OUI/Operating Under the Influence:
“OUI” stands for Operating Under the Influence and occurs when someone is operating or in actual physical control of a motorized watercraft such as a boat or jet ski. The laws and penalties are almost identical to those of a DUI, including mandatory jail time of 30 days or more for higher alcohol concentrations and subsequent convictions.

Felony Crimes:
Felony crimes may include drug charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, including the right to possess a firearm and the right to vote.

Misdemeanors:
Misdemeanors are more serious than violations (such as a civil traffic ticket), but less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding six months. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In Arizona, and in certain types of cases, defendants who cannot afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a justice court or municipal court.

Drugs and Narcotics Charges:
Drugs and narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Arizona has laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine and crack cocaine, to name a few), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons against persons or property that intentionally threatens, attempts, or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a prior criminal record, will determine the seriousness of the charge and sentence. Most violent crimes are considered felonies and may subject the perpetrator to mandatory prison sentences. Violent criminal charges can include: aggravated assault, arson, hate crimes, homicide, larceny, robbery, rape, manslaughter, and murder.

Burglary and Robbery:
Burglary is defined as the unlawful entering of a building with intent to commit a felony or to commit theft therein. Robbery is also a specific intent crime, requiring both theft and a form of violence or threat of violence used to deprive someone of their property. A common example of a robbery is a convenience store holdup, wherein a robber threatens to shoot a cashier unless the cashier hands over money.

Forgery:
Forgery is defined as a false signature, written document or material alteration made with intent to defraud. Documents that can be the object of forgery include contracts, identification cards, negotiable instruments such as checks, and legal certificates.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or e-mail. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:
Sex crimes can include such charges as: child abuse, child pornography, date rape, failure to register (as a sex offender), indecent exposure, internet or written/photographic pornography, molestation, obscenity, pedophilia, prostitution, rape, sexual abuse, sexual assault, sodomy and statutory rape. Most sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases because of the nature of the case.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, excessive speed, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime and can result in heavy fines, possible jail time, and further actions against the person’s driving privileges. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs.

Driver’s License Suspension or Revocation:
Typically, a driver’s license will not be revoked or suspended for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license could be suspended for a year or more.

Domestic Violence:
Domestic violence is a crime that takes place between people who are or have been married; are or have been living together, have children together, or are related. Domestic Violence is considered a criminal offense and includes physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, stalking, criminal damage, trespass, or violating a restraining order. Domestic Violence charges can have a serious impact on your life, including the forfeiture of your right to possess a firearm in many situations.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Fraud:
In Arizona, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly. Fraud can be accomplished through the aid of forged objects. In Arizona it is called "theft by deception." Fraud can also be committed through many other methods including mail, wire, phone and the internet.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients. While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different. The consequences of a misstep by an Attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, some juvenile convictions are not automatically removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases. They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military. Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted as an adult where the punishment is even more severe.

If you or someone you know in Arizona needs the assistance of an experienced Criminal Law Attorney, call Owens & Perkins today at 866-649-6229, or complete the contact form provided on this site. Because we know that choosing an Attorney is an important decision, we offer free half-hour consultations.

Estate Planning Practice Areas

While some of us may plan to live forever, the Attorneys at Owens & Perkins ensure that when the inevitable occurs … your legacy is protected. An organized Estate Plan setting forth your intentions is a gift unlike any other. It’s not for you … it’s for your loved ones. Leave behind peace and peace of mind – not questions and conflict.

Probate:
Probate is the legal process for identifying and collecting probate assets of a deceased person (“decedent”), paying taxes, debts, claims and expenses, and distributing assets to beneficiaries. In Arizona, a Personal Representative (a.k.a. “Executor” in other states) is responsible for administering a decedent’s estate. One purpose of a probate proceeding is to determine who is rightfully entitled to the property of the deceased, including creditors. A probate proceeding can be conducted informally or formally (with Court supervision), depending on the circumstances.

Estates are categorized as probate or non-probate property. Probate property is property that is transferred by the provisions of a Will. Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a Trust.

However, if an Arizona resident dies without a valid Will, Arizona law governs who receives the decedent's assets. This may result in people inheriting property contrary to your wishes.

Guardianship:
A Guardianship is a legal relationship created by a Court between a Guardian and his/her Ward, either a minor child or an incapacitated adult. A finding of incapacity is typically necessary before a Court can appoint a Guardian to look after a Ward. The Guardian has a legal right and duty to care for the Ward. A Guardian has the legal authority to give the consents or approvals that may be necessary to enable the Ward to receive medical or other professional care, counsel, treatment or service.

Conservatorship:
A Conservatorship is similar to a Guardianship except that the Conservator who has been appointed by the Court has powers and duties over the assets and finances of the minor’s or incapacitated person’s estate (similar to that found in a Durable Power of Attorney). It may be necessary to petition a Court to appoint a Conservator for persons:

• who have physical or mental problems that prevent them from managing their own financial affairs;
• who have no person already legally authorized to assume responsibility for their financial affairs;
• who may be susceptible to the influence of others regarding their estate; and
• where other kinds of assistance with financial management will not adequately protect them.

Estate Planning:
Good estate planning is more than just a simple Will, it is an entire plan. A proper estate plan will minimize potential taxes and fees (including Federal gift and estate taxes), and sets up contingency planning to make sure your wishes are followed before and after death. A good estate plan also coordinates what happens to a home, investments, business, life insurance, employee benefits (such as a 401K plan or IRA) and other property in the event of disability or death.

Wills:
A Last Will and Testament is a written instrument, requiring probate, containing directions on how the assets and property of the Testator or Testatrix (individual creating the Will) shall be distributed upon his or her death. Wills can also contain instructions regarding the care of minor children, gifts to charity and formation of posthumous trusts. A Will also allows you to nominate a Personal Representative (Executor) who will be responsible for the administration of your estate. Generally, in order for a Will to be legally valid in Arizona, certain rules of execution or signing must be followed.

Revocable Living Trust:
A Revocable Living Trust is the foundation of an estate plan. A Revocable Living Trust can accomplish many objectives, such as: avoiding probate, eliminating or reducing federal estate tax liability, planning for disability, providing steady income to beneficiaries over time (as opposed to a lump sum distribution), and charitable planning.

A Revocable Living Trust can be changed by the trust creator during his/her lifetime. Most of the time, the creator of the Revocable Living Trust is also the Trustee and maintains ownership of the trust assets while he/she is still living. Revocable Living Trusts are often used because they allow trust assets to be passed to heirs without the cost and potential headaches of going through the process of probate. Avoiding probate will normally save substantial costs, time, and maintain privacy (probate records are available to the public, while distribution through a trust is not).

Additionally, Revocable Living Trusts also can be utilized to plan for unforeseen circumstances such as incapacity or disability. In the event the trust creator becomes incapacitated or disabled, the trust names a successor trustee who steps in to manage the financial affairs.

Will Contest Litigation:
A Will Contest is a type of litigation that challenges the admission of a Will to probate. Issues that are likely to spur the contesting of a Will include:

• the Testator/Testatrix lacked mental capacity, i.e. was senile, delusional or of unsound mind at the time the documents were executed;
• the Testator/Testatrix was subjected to fraud, coercion or undue influence during its creation and implementation;
• there are ambiguities in the document; or
• the Will is a forgery or does not conform to legal requirements of a valid Will in Arizona.

Will contest litigation is very expensive and generally permanently destroys the family relationships.

Powers of Attorney:
A Power of Attorney is a written document that can be limited in scope, or it can allow one person to give another the full power and authority to represent him or her. There are two types of Powers of Attorney: one covering assets, and one covering health care decisions. A Power of Attorney can also go into effect immediately. Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person (the principal) to another (attorney-in-fact or agent). If a person becomes incapacitated, the government or the Court often steps in and appoints someone to represent and make legal decisions for the incapacitated person. One of the ways to avoid government or Court intervention and the appointment of a stranger to act as your Guardian is to have a Power of Attorney.

Trust and Estate Litigation:
Trust and estate litigation is a legal dispute usually initiated by someone who feels they did not receive all they were entitled to. Trusts and Wills can be challenged if it is suspected that the Trust or Will is not legally valid or if the person who had the documents prepared was wrongly influenced when creating them. This can also be challenged if it is suspected that the decedent’s assets were not properly distributed.

Estate Tax Returns:
The money and property you own when you die (your estate) may be subject to federal estate tax, which can be 40%-50% of the estate. The estate tax is technically a tax on the transfer of property to others, generally to children of a decedent.

Estate taxes are different from, and in addition to, probate expenses and final income taxes owed on income the decedent earned in the year of his or her death. They also are separate from inheritance taxes that are collected by some states. This area of law is extremely complicated; therefore, the guidance and advice of an experienced Attorney in dealing with these types of issues is a must.

Private Annuities & Charitable Trusts:
In a Private Annuity Trust, an owner transfers property to an Irrevocable Trust in exchange for a promise to make prescribed payments to the owner for his or her lifetime. The Trust then sells the property to a third party, the proceeds of which are invested to provide the payments promised to the owner. On death, the remainder of the Trust estate typically passes to the heirs of the property owner. The Trustee must be someone other than the property owner.

A Charitable Trust is somewhat similar to a Private Annuity Trust, except that the owner transfers property to an Irrevocable Trust of which one or more charitable organizations will be beneficiaries. The type of Charitable Trust most likely to be used is a Charitable Remainder Trust, in which the owner retains an income interest for his or her lifetime. The property can be sold by the trustee and the proceeds invested to provide the payments to the owner. On death or after a specified term of years, the remainder of the trust estate passes to one or more designated charitable organizations. Unlike a Private Annuity Trust, the Trustee can be the property owner.

If you or someone you know in Arizona needs the assistance of an experienced Estate Planning Attorney, call Owens & Perkins today at 866-649-6229, or complete the contact form provided on this site. Because we know that choosing an Attorney is an important decision, we offer free half-hour consultations.

If you or someone you know in Arizona needs the assistance of an experienced Scottsdale Attorney, call Owens & Perkins today at 866-649-6229, or complete the contact form provided on this site to schedule your free half-hour consultation.

ADDRESS OF THE FIRM:
Owens & Perkins
Attorneys at Law
A Professional Corporation
7322 E. Thomas Rd.
Scottsdale, AZ 85251
P: 866-649-6229
F: 480-941-2215


MEMBERS OF THE FIRM:

C.D. Owens, Esq.

EDUCATION:

• University of Oklahoma School of Law, J.D., 1949

JURISDICTIONS:

• Arizona
• Oklahoma

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Founding member and Editor, Law Review, University of Oklahoma

Michelle J. Perkins, Esq.

EDUCATION:

• Arizona State University School of Law, J.D., 1994

JURISDICTIONS:

• Arizona

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Southwest Super Lawyers 2007 (top 5% of Family Law Lawyers in Arizona)
• Business Journal “Legal Eagle”
• Judge Pro Tem, Maricopa County Superior Court
• Former Chair of Maricopa County Bar Association Family Law Section
• Former Board Member of Scottsdale Bar Association
• Former Board Member of the Homeless Legal Assistance Project

John P. Tatz, Esq.

EDUCATION:

• University of Iowa School of Law, J.D., 1991
• University of Phoenix, M.B.A., 1998

JURISDICTIONS:

• Arizona
• Iowa

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• “AV” Peer Review Rating from Martindale-Hubbell
• Martindale-Hubbell Bar Register of Preeminent Lawyers
• Arizona Attorneys for Criminal Justice
• National Association of Criminal Defense Lawyers

James B. Galbraith, Esq.

EDUCATION:

• J. Reuben Clark Law School, Brigham Young University, J.D., 2003

JURISDICTIONS:

• Arizona

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• American Bar Association
• Arizona Institute for Justice
• American Institute for Justice

LANGUAGES:

• Spanish

Luke Reynoso, Esq.

EDUCATION:

• Arizona State University School of Law, B.A., Accountancy
• Thurgood Marshall School of Law, J.D., 2005
• University of San Diego, LL.M. in Taxation, 2006

JURISDICTIONS:

• Arizona

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Low-Income Taxpayers Clinic (San Diego)
• Member of the Scottsdale Bar Association