Martin Jones | Tucson Business Lawyer

Martin handles general business matters, including the formation of limited liability companies and corporations, licensing agreements, product sales agreements, and many other business related legal issues. He has negotiated and drafted more than 40 solar power purchase agreements for renewable energy transactions.

For the past dozen years, Martin has assisted the nation’s largest retailer on environmental, land use and real estate matters in 26 states. In addition, he has negotiated real estate purchase agreements and ground and space leases. He handles all aspects of the real estate transaction, including title and survey review, drafting and reviewing documents (leases, purchase agreements, deed restrictions, etc.), lease amendments, estoppel, non-disturbance agreements, entitlements and environmental due diligence.

Martin previously served as an Assistant Attorney General for the State of Arizona, Environmental Enforcement Section for four years, where he was responsible for the management and coordination of potential responsible party investigations at all state Superfund sites within Arizona.

I mediated a settlement agreement between a mine trying to obtain permits for a new copper mine in Arizona, utilizing innovative technology, and an environmental group opposed to the permitting of the mine for fear of groundwater contamination that could affect the drinking water wells in the area. My expertise in environmental law allowed me to clear up many misconceptions between the parties and draft a settlement agreement to which both sides agreed.

Quality legal work, conscientious communication with clients, and fair treatment of clients are the cornerstones of my practice. Many of the new clients I receive are recommendations from former clients or from other attorneys who do not practice in my areas of expertise.

Communication is the key in an attorney/client relationship. The attorney should be open and honest about what s/he will charge, how long the matter is likely to take, and the chances for success. As the case progresses, the attorney should keep the client informed of what is transpiring and to make sure to take the time to explain to the client, in terms the client can understand, the applicable law and the processes they are going through. Any new developments should be reported to the client immediately and the client should be involved in all major decisions regarding settlement or other disposition of the case. The attorney also needs to be aware that it is the attorney's job to evaluate and make clear to the client the legal risks the client faces with different options available to them.

It depends on the type of case. In business and real estate matters, local knowledge is usually valuable. In environmental matters, while local knowledge is important, most environmental laws are federal and so the local situation is somewhat less relevant. Having said that, whenever you are dealing with a bureaucracy, knowing the agency, its people, and its procedures is very valuable.

It is important for the lawyer to do a conflict check before learning much about a case or dispensing any advice. I usually take the individuals contact information, and get as much information as I can about the opposing party, without getting into the material aspects of the dispute, and then run a conflict check. If the conflict check is clear, I then call the potential client back. At that point I learn about the material aspects of the dispute, and advise the client if it is the kind of case my firm handles, what our experience is in that kind of case, and what we charge for our services in that kind of case.

It is a two-step process where I first gather information to do a conflict check, and then call the client back to learn the details of the case.

Selecting an attorney is often a difficult process for someone who has not had need of any attorney before. Relying on friends and family is risky because, for example, the family member may have had a divorce attorney they like, but that attorney may not be qualified to handle the matter you're concerned about. The reality is that practicing law, like being a doctor, has become a very specialized field. Contacting an experienced attorney is usually a good first step.

I like making people's dreams come true, whether that is helping them start a new business, negotiating a contract that is going to make them money, helping them buy or lease real estate that is going to make their lives better, of solving an environmental problem that they thought unsolvable.

I am an avid sports fan. I went to law school at Indiana University so am a huge college basketball fan. I am a Second Don Black Belt in Tae Kwon Do, although I no longer compete because of bad knees. I love travel, having visited all 50 states and 40 countries. My wife and I love to sail, and have chartered sailboats from California to Florida to the British Virgin Islands, living and sailing on them for up to two weeks at a time. I am an avid reader and have written five novels, three of which have been published.

When I lived in Phoenix, I was active with The Casey Family Program, a private, not-for-profit organization that provides foster care for physically and mentally abused children. The Director of TCFP approached me and told me that one of the biggest issues among foster children is lack of self-esteem. He was aware of my participation in martial arts and asked if I thought having the foster children train in martial arts might help their self-esteem. I said I thought it would and we established a program where my wife and both sons (all black belts) helped me teach Tae Kwon Do to the foster children and members of their foster families who were interested. I changed the program a bit to focus more on the mental discipline and less on the physical aspects. It was one of the most gratifying things I've ever done. I've been involved in youth sports, both as a coach/manager and on boards of directors over the years.

• State Bar of Arizona, Real Property Section and Environmental & Natural Resources Section | Member
  Pima County Bar Association | Member

• AV-Preeminent rated (highest possible rating) by Martindale Hubbell since 1995.

• I have represented the world's largest retailer in environmental matters including environmental due diligence in real estate transactions, Clean Water Act Permits, Endangered Species Claims, Brownfield remediation, asbestos contamination and lead-based paint contamination.

• I have represented the purchaser of one of the most contaminated properties in Arizona in obtaining a Prospective Purchaser Agreement with the Arizona Department of Environmental Quality, thereby shielding the purchaser from any environmental liability associated with the contamination at the site.

• I have represented one of Tucson's largest engineering firms in interpretation, amendment, and enforcement of shareholder agreements.

• I have represented business clients in negotiating and drafting business contracts ranging from joint venture agreements, to teaming agreements, to licensing agreements, to retail sales agreements, to website purchase agreements.

• I have represented both buyers and sellers of their businesses, including due diligence, assisting with asset evaluation, negotiating the sale terms, drafting the purchase documents (including both Asset Sales and Stock Sales), and negotiating and drafting documents to secure any payments to be made in the future.

• I have represented a real investor in resolving allegations of mold inside a residence.

• I have negotiated development agreements with cities and towns, often as part of annexations of my client's property.

• I have formed limited liability companies (LLCs), corporations (both C and S corporations), Limited Partnerships and General Partnerships for numerous companies.

• I have closed real estate purchases and leases in 26 states for the world's largest retailer.

• I have assisted couples going through a divorce in the division of assets including jointly owned businesses, including restrictions on the sale or other disposition of the business to protect my client.

• Featured Speaker, "Environmental Issues in Real Estate Transactions & Development," National Business Institute, Altoona, Wisconsin (Scheduled for webcast in December 2018)
  Featured Speaker, “Despicable CERCLA: Why We Do Environmental Due Diligence In Real Estate Transactions,” State Bar of Arizona, Tucson, Arizona (April & June 2017).
  Featured Speaker | “Environmental Law from Start to Finish,” National Business Institute, Altoona, Wisconsin | (November 2015)
  Keynote Speaker | “Environmental Considerations for Agribusiness,” sponsored by Great Western Bank, Mesa, Arizona | (January 2015)
  Keynote Speaker | “EPA’s Proposed New Wetland Rules,” Environmental Information Association Southwest Regional Conference, Las Vegas, NV | (October 2014)

• LinkedIn | Martin Jones