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Practice Areas

Property

Black’s Law Dictionary defines property as concerning: “the right to possess, use and and enjoy a determinate thing, (whether it be land or personal property).” The law treats owners, lessees, borrowers, and trespassers differently. Such persons hold different rights in what is known in the legal profession as “the bundle of rights.”

Property can involve complex issues. The Archuleta Law Firm's aim is to help current clients plan ahead in order to avoid litigation and to defend those who are currently facing legal trouble due to a property dispute.

Property encompasses many areas. As mentioned above property involves real property (real estate) and personal property. Some examples are: real estate transactions, quiet title actions (determining who the rightful owner of property is), conveyances, validity of gifts, title validity, vestment of title to heirs, marketability of title, adverse possession (sometimes referred to as squatter’s rights), zoning laws, eminent domain, easements, water rights, trespass to chattel, and conversion.

It is important to note, that when purchasing land or dealing with a property dispute, a realtor is not an authority on the law. Unless a realtor holds a law degree and license to practice law they may not advise you about the law.

Most real estate contracts are form documents, this means that they are cookie cutter documents not tailored to your needs. Every case is different and the law sees every inch of land on earth as unique. Therefore, why would you use a form that communicates the opposite?

The Archuleta Law Firm is authorized to practice law. Mr. Archuleta will negotiate and draft a contract on your behalf based on your personal wants and needs. He knows the questions to ask about structures, the land itself, fixtures, etc. that are integral to you getting a fair deal. Come to the Archuleta Law Firm so that all your bases are covered. 

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Intellectual Property

The laws of the United States, promote and reward innovators and free thinkers. When you have put in time and effort, the Archuleta Law Firm can help protect your ideas and hard work. You deserve credit for your legally protected ideas.

Intellectual property covers trademark, copyright, patent rights, trade secret rights, anti-trust actions (also termed monopolies or unfair competition), publicity rights, and moral rights (which concern ownership and control of the work).

Protecting intellectual property involves registering something intangible, i.e. an idea. It can be tedious and demands great detail. It requires a wordsmith to articulate accurately such detail. The Archuleta Law Firm will research to first see if the idea is already protected or if a similar one exists and advise you how to move forward. Alternatively if it is a first of its kind Mr. Archuleta will help you protect it immediately and help facilitate and communicate to the world that it is thereafter protected. 

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Estate Planning 

Estate planning involves planning for the future and taking care of your loved ones. If you haven’t begun planning it’s imperative that you begin immediately. Drafting a will or trust is a very specialized service that requires the drafter to truly understand the wishes of the testator (for a will) or settlor (for a trust). The Archuleta Law Firm understands that your intent is paramount. Mr. Archuleta will work tirelessly to make sure your estate plan is carried out as you wish.

It is important to have a will, whether you are wealthy or not. In fact, it is more important to not spend your money needlessly. If you have a clear will, it will eliminate the possibility of disagreement between beneficiaries and eliminate wasted time in probate which can drain estate resources.

A trust can also be a great tool to provide for loved ones during or after your lifetime. An inter vivos trust/ living trust can take effect during the settlor’s lifetime. Rather than giving property outright like a will does, a trust can afford for the settlor more discretion and control over whether a beneficiary is qualified to take from the trust.

The Archuleta Law Firm is familiar with all the options available to you. Mr. Archuleta can help you weigh the options, so that you can make an informed decision about your future. 

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Criminal Law 

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​The Archuleta Law Firm handles minor criminal matters such as: traffic violations, DUI’s, and other misdemeanor crimes. Mistakes happen and facing criminal charges can be a stressful ordeal. The Archuleta Law Firm is here to alleviate the stress and defend you vigorously. 

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Business Law and Advising Entrepreneurs

Mr. Archuleta is a sole practitioner. He started in his undergraduate study as an entrepreneur. The firm takes a very personal interest in starting and advising new businesses.

When starting a business there are formation issues. At the outset, deciding what you wish to designate your company as is the first issue. There are many options: LLC, LLP, S-corp, C-corp, and the list goes on. It is important to be focused from the beginning and to take advantage of Mr. Archuleta's expert legal services so you truly know what is best for you.

After forming a business, there are other issues such as: contracts with customers and vendors, employment agreements, covenants not to compete, non-disclosure agreements, liability for respondeat superior, products liability, and the list goes on.

The Archuleta Law Firm can confidently and competently guide your business to be successful and avoid missteps. Business law is a very broad area of law. Even if the issue you are facing requires a larger legal team or is outside the firm's area of practice Mr. Archuleta is committed to finding representation that suits you.

Mr. Archuleta is realistic and aware that sometimes individuals are limited. He is committed to finding you the best representation, even if it is not this firm. The goal is for your business to thrive and to trust in The Archuleta Law Firm's candor. 

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