"Suum Cuique Tribuere, Hanc Tuemur": Latin for the proposition that "each person is entitled to his due". It is with this commitment that the law firm of ECKLEY & ASSOCIATES has become prominent in its full and faithful service to both the business and consumer communities since 1978.
In today's tough business world, where success or failure is constantly at stake and where being the first to know new trends is as critical as keeping up with old ones, ECKLEY & ASSOCIATES has the depth of business skill and foresight to match: It serves its business, consumer, real estate and construction clientele in the preparation of all ranges of business formation and funding, the generation and analyses of complex documents, the fashioning of lawful business procedures, credit and risk management, day-to-day operational consultation and the handling of complex real estate, finance and construction litigation, of course; but more uniquely, it serves its clientele by providing new and better ideas.
Aggressive techniques and innovative solutions have been the hallmarks of ECKLEY & ASSOCIATES in the thousands of cases it has handled during the national business, real estate and construction cataclysms of the last number of years. On behalf of its clientele and with total dedication to the clients' interests, it and its capable Associates have unflinchingly taken on any challenge, sought to obtain any lawful goal, clear any obstacle, protect against any threat, remedy any wrong. Through its knowledge of the law and the practicalities of each area of commerce, it has invented new and realistic solutions to cope with the more complicated problems of the times. When the economy has posed new questions, ECKLEY & ASSOCIATES has consistently had new answers.
From Founder J. Robert Eckley
"The roller-coaster economy of the last several years has been at least partially democratic: it has equally challenged the financial framework of all levels of our community. Unfortunately, this is not a momentary economic adjustment from which the community will emerge intact tomorrow for business as usual; those deeply involved in this business world know that what appears as adjustment on the surface is in fact a catharsis in which old rules are being permanently dismantled and new ones are being put in their place on a scale that may be revolutionary. "In times like these, when the old ways and those who cling to them are becoming obsolete, when competition in the marketplace is more rugged than any other time in recent memory, when business leaders are expected by their firms and their customers to be knowledgeable, marketable, imaginative and aggressive (or be replaced by someone who is), should their Legal Counsel be any less? "Strength, loyalty, boldness, innovativeness and know-how: These are the minimum criterion. At ECKLEY & ASSOCIATES we insist that Legal Counsel, where possible, not be just an “expense” to a client. We strive to be an “asset.” With what is to be lost and what is to be gained so great, the times demand no less."
About J. Robert Eckley and the Firm
J. Robert Eckley is an attorney, former Realtor® and builder, present Realtor® Affiliate, litigator, forensic engineer and educator who deals primarily in real estate, banking, construction and finance on a multi-state basis. He is president of the law firm of ECKLEY & ASSOCIATES, a multi-state practice, is the Forensic Manager of National BuildMasters, a forensic contractor, and is President of and equity-holder in The Westcourt Financial Group, Inc., an investment firm and corporate owner of the Institute of Real Estate Law & Standards. His present practice focuses upon real estate and financing, banking prosecution and defense, agency prosecution and defense, securities, investment and foreclosure litigation. When construction issues or failures are involved in the casework, he often manages forensic investigation and litigation involving those failures and casualties, and handles the related professional construction, engineering, architectural and inspection claims and defense.
J. Robert Eckley cannot take all of the credit for the Firm’s best work over the years. The many fine Attorney Associates, Legal Assistants, paraprofessionals and administrative staff who have in the past or currently work or associate with the Firm get their fair and considerable acknowledgement, as well. Their assistant is acknowledged and appreciated by the Firm.
See a list of our Firm's PRACTICE AREAS on our homepage.
J. Robert Eckley received his B.S. degree cum laude in 1973. After an engagement in the builder and electrical trades he served a decade in plant engineering design and management and forensic operations research for a Fortune 500 firm. He later continued his schooling and received his J.D. in 1977. He commenced law practice by founding ECKLEY & ASSOCIATES in 1978, a return to the Eckley professional heritage after a three-century hiatus. Mr. Eckley's greatest grandfather in America was the Hon. and Rev. John Eckley, appointed first of the four Commissioner Panel governing the Province of Pennsylvania by William Penn in 1688 and later appointed Justice of the Supreme Court of Pennsylvania.
J. Robert Eckley is admitted to a number of state and federal courts and has been or is currently member of the American Bar Association, the Association of Trial Lawyers of America, the Federal Bar Association, the National, Oregon, California and Arizona Associations of Realtors and many other county and city Realtor® Associations, was a Director of the Oregon Escrow Council and was a member the National Association of Homebuilders and the Mid-Valley Chapter of the Arizona Association of Homebuilders.
Mr. Eckley was an Affiliate of the Beverly Hills Board of Realtors® for 4 years and instructed extensively in the Los Angeles area. He has also extensively instructed in Oregon, Arizona, New Mexico and Minnesota. He has participated in many cases which have established precedent in the areas of real estate and construction.
He has been or still is an Affiliate Member of the Central Arizona Chapter of CCIM®, a former member of the founding Commercial Committee of the then Phoenix Board of Realtors®, former member of the then Phoenix Board's Grievance Committee and the Board prosecutor for that committee, served on most Board education committees and has had many other legal and real estate industry affiliations. Other business association memberships: He is or has been a member of the International Association of Financial Planners, the Construction, Real Estate, Construction, Trusts and Estate Committees of the Arizona and Oregon State Bar Associations.
J. Robert Eckley is a member of the national Real Estate Educators Association and has instructed accredited real estate education in 10 states. The Gannet News Service (Sacramento Bee) referred to him in a 1991 article about his NAR presentation as one of the few ".. national experts in real estate liability.."
J. Robert Eckley has written and still currently writes knowledgeable and no-holds-barred articles which have been published for various national, state and Board real estate and insurance publications and for 8 years wrote his regular column in the Board magazine for what was then the largest state Board in Arizona, the Mesa-Tempe-Chandler Board of Realtors®. He wrote for a decade in every issue of the Arizona School of Real Estate and Business Journal of Scottsdale, Arizona, the most influential real estate and industry school and publication in the state. He is named in the prestigious Marquis' Who's Who in America and Who's Who in American Law. In 1995, he was named Who's Who in American Real Estate. He was appointed to the national American Society of Testing and Materials (ASTM), a scientific organization analyzing national toxic levels and real estate appraisal standards in toxic or impaired environments. The ASTM findings, standards and formats are often adopted as rule, law or practice by the federal and state governments, industry, regulators and national lenders. He is or has been a member of the American Society of Structural Engineers (ASSE), Arizona Structural Engineers (ASE), the American Society of Civil Engineers (ASCE), the National Home Builder's Association (NAHB), the American Society of Interior Designers (ASID) and the Arizona Chapter of the American Institute of Architects (AIA of Az.). In 2006 he was inducted into the Arizona Society of Certified Fraud Examiners. Mr. Eckley was selected to present the evolutionary "'Green Liabilities' for Architecture and Interior Design in the 22nd Century" at the ASID's National Convention in New Orleans in 2008 and spoke again in 2010.
Mr. Eckley was selected by the National Association of Realtors® ("NAR") to speak on the future of real estate and the professional risks of the 90's at the 1991 national convention in Las Vegas at which he received perfect 4.0 speaker's score from the NAR auditors, one of the hand full of instructors who have ever received a perfect score at NAR. He is widely consulted by state Real Estate Commissioners on pending law and has given formal testimony on key real estate economic policy. He was the 1993 selection for keynote convention co-speaker upon state economic trends for the convention of the Arizona Association for Economic Development (AAED), a powerful organization composed of all of the most influential government, Fortune 500, banking, investment and political entities and leaders in the state which is nationally attended by every important organization doing business in Arizona.
J. Robert Eckley was the 1994 Keynote Co-Speaker for the National Association of Real Estate Exchangers® held in Las Vegas in May, 1994, a marketing session attended by the most active commercial exchangers, corporate property managers and exchange financiers and Accommodators across the U. S. and Canada. By popular request from the membership, he was re-invited for the convention when it took place in Phoenix in January, 1997. In 2008 and 2009 J. Robert Eckley provided an acclaimed training program in technology and expert witness skills at the annual national joint Home Inspectors conventions in California and Florida.
J. Robert Eckley was engaged by the state of New Mexico under Real State Commission President Gayla Brumfeld to draft an entire new real estate agency law and taught a program in environmental law for the Commission and the New Mexico State Bar. The resulting new agency law statutes became a model for other states. He was the keynote co-speaker at the September 1998 Convention of the state Realtors® convention in Albuquerque, New Mexico, where he received top scores and toured the state for the Realtors Association of New Mexico® and the Real Estate Commission to explain the new agency rules to all state licensees.
In 1986, Mr. Eckley was appointed by the Oregon Olympics Contention Committee, approved by the Governor of Oregon, as chief legal counsel to represent the state internationally in its vie for the International Winter Olympics. As counsel and representative, he (to his immense enjoyment) was given a large full time, stand-by jet and crew to host the U.S. Olympics and the International Olympics Committee Directorship and event specialists over all of the Oregon venues as each was studied. Crew mates on these sojourns ranged from the then Presidents of each Committee to ski, luge and bob sled champions to even a certain then famous (and later infamous) Women’s U.S. Ski Team Champion figure skater in her “teens” at the time. Mr. Eckley coordinated between these organizations and the state government and state Committee sponsors. Oregon made it to the final three Olympic contenders world-wide, but Oregon was narrowly defeated by Calgary, Alberta, for the most part due to shortcomings in accesses required for such enormous events, but certainly not by any shortfall in the magnificence of the Oregon facilities. The more lasting positive side to the Olympic effort and “near selection” as the encouragement it gave to Oregon to take itself more seriously as an international destination. It subsequently enlarged sports venues, reopened a long-closed major airport and substantially improved road, rail and water transportation to its considerable later profit. The U.S. Ski Team’s permanent home is now at Mt. Bachelor, Bend, Oregon.
J. Robert Eckley has been previously appointed to the Membership Assistance Committee with the State Bar, a committee that monitors the practice and rehabilitation of lawyers who are having practice difficulties for various reasons, including emotional disorders or drug abuse. In that capacity, members assist the remanded practitioner to conduct a competent and ethical practice, to follow the directives of the Bar and to rehabilitate themselves.
J. Robert Eckley was appointed Program Chairperson by Mr. Beans, then Supervisor of the State Bar Continuing Education Program, to organize, compose, direct and speak at a large state-wide Arizona Bar omnibus continuing education program on real estate law as it applied to brokerage practices in 1995. It was the most heavily-attended session by the practitioners in his area of the Bar that year and his peers highly scored him in speaking ability and competency.
J. Robert Eckley successfully represented the American Society of Home Inspectors of Arizona as amicus in the landmark real estate disclosure and standard-of-care Supreme Court case of Lombardo v. Albu (199 Ariz. 97, 14 P.3d 288 ) regarding real estate and defect disclosure. He also successfully appeared in amicus The Lofts at Fillmore v. Reliance Commercial Construction CV-07-0416-PR (Ariz. S. Ct., 2008), which protected all Arizona’s homeowner’s new-build warranty rights and was instrumental in the passage of HB2008 (Arizona), repealing the pro-deficiency foreclosure statutes in Arizona in 2009. In a federal intellectual property case he set precedent on the question of whether or not a builder can copyright aspects of a residential floorplan and enjoin all other builders from using it under the federal Architectural Protection Act. Representing a large northern Arizona builder, he prevailed on the point that a derivative design, though first copyrighted by another and even if the other was unaware of it being derivative, was not protected and that a builder could build the same or similar features. Paradise Homes of Havasu v. Heritage Homes, CIV 97-1169 PCT ROS (U.S. Dist. Arizona).
J. Robert Eckley was appointed by the Arizona Real Estate Commissioner as the sub-chairperson of the Commissioner's advisory IDW Committee on Real Estate Disclosure and is co-author of the Commissioner's Training Guide for Instructors in that program. He is the general counsel for the American Society of Home Inspectors of Arizona and the Arizona Alliance of Home Inspectors. In December, 2003, he was appointed by the Arizona Registrar of Contractors to the Registrar's Consumer Advisory Panel, an inter-agency enforcement panel composed of the Director of the Board of Technical Registration (engineers, architects, others), the Department of Justice, the Arizona Real Estate Department, the Arizona Subdivision Department, the Registrar of Contractors, several others and J. Robert Eckley.
For a decade, J. Robert Eckley defended real estate licensees and home inspectors or several of the major malpractice insurers, gaining a significant insight into the causes and remedies for industry exposures. He worked with insurance company representatives in the design of new programs for risk reduction.
J. Robert Eckley is also the co-author of the prime Real Estate Disclosure Handbook for Arizona Department of Real Estate and was the first key ADRE trainer for the Arizona instructors of the mandatory Disclosure Classes for all Arizona real estate licensees. He also instructs accredited real estate, inspection construction and expert witness training classes.
In sum, J. Robert Eckley has been on the forefront of every cutting-edge legal issue across every aspect of real estate, finance, construction for almost 40 years. He has handled thousands of real estate, banking, financing, securities construction, inspection and real estate agency cases as a lawyer, and has taught thousands of accredited hours of real estate and construction law, inspection practices, finance, investment theory and practiced or been specially admitted to or taught throughout the states and written an enormous compendium of authoritative briefs, texts and papers in his career. His visions, opinions and predictions for the industries and their futures have vindicated themselves by often becoming legal and economic realities over time.
J. Robert Eckley was granted for his long, varied and accomplished public services the Governor's Award of Recognition in Arizona by then Governor and later U.S. Homeland Security Secretary Janet Napolitano in 2006 and was conferred the U.S. President's Award of Merit in 1985 by President Ronald Reagan., among others awards and mentions.
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