Law Firm Overview

At McCain & Bursh, PLC, Attorneys at Law, we pride ourselves on providing our clients with excellent representation at reasonable rates. The Firm represents clients in a wide range of personal and business matters including personal injury, business transactions and entity formations and general commercial litigation. Whether you are in need of an attorney to handle your minor auto accident injury case, the wrongful death of a loved one, the purchase or sale of real estate or a business, or the preparation of a simple contract, you can be confident that the Firm will use its experience and legal skill in bringing about the best possible result on your matter. The Firm is located in central Phoenix where you can schedule an appointment to meet with one of its attorney to discuss your case.

Firm Areas of Practice

Personal Injury:

• Serious Accident and Injury Cases
• Wrongful Death
• Burn Victims
• Drowning Deaths and Injuries
• Car, Boat and Truck Accidents
• Motorcycle Injuries and Accidents
• Owner and Premises Liability
• Negligent Hiring and Supervision Cases
• Assault and Dog Bite Cases
• Nursing Home Neglect

Commercial and Business Litigation:

• Represent Plaintiffs and Defendants in Business Disputes and Commercial Litigation
• Breach of Written and Verbal Contracts
• Fraud, Misrepresentation, Non-Disclosure of Material Information
• Temporary Restraining Orders and Preliminary Injunctions
• Legal Malpractice Claims
• Fair Housing and RESPA Violations
• Alternative Dispute Resolution including Settlement Conferences, Mediations and Arbitrations

Real Estate and Business Law:

• Commercial and Residential Loan Modifications and Workouts
• Provide Opinions Regarding Foreclosure Issues and AZ's Anti-Deficiency Laws
• Form Arizona Limited Liability Companies and Corporations
• Draft and Negotiate Purchase and Sale Agreements
• Draft and Negotiate Retail, Office and Industrial Leases
• Draft and Negotiate Covenants, Conditions, Restrictions and Easements (CC&Rs)
• Draft and Negotiate Development Agreements
• Review Title Work and Surveys for Real Property Transactions
• Draft and Negotiate Asset Purchase and Sale Agreements
• Draft and Negotiate Independent Contractor Agreements and Employment Agreements
• Formation of Commercial and Residential Homeowners' Associations (HOAs)
• Draft and Negotiate Construction Contracts
• Represent Homeowners with RESPA Violations and Complaints

Firm Attributes:

The Firm was founded in 1999 by good friends and ASU graduates Darius Bursh and Marc McCain. After working in the corporate world of national insurance litigation defense and big firm corporate counsel, Darius and Marc decided to bring together their vast experience and creative thinking to assist clients in achieving just results in a prompt and professional manner. We have fought for the rights and interests of a wide range of individuals and business owners in Arizona, from the person of lesser privileges and means to the wealthiest of persons, business owners and entities. Regardless of who you are, if you have been wronged or are in need of sound legal advice or assistance, we will bring the same passion and experience to your matter to get the job done.

Having experience working closely with insurers in the claim evaluation process, the Firm brings unique insight into how the settlement process unfolds in personal injury cases and how to present your case to an insurer to maximize your claim's value. We understand how an insurance company will evaluate a personal injury claim, what “red flags” or “pitfalls” a claimant should avoid, the patience and diligence required to fully develop a personal injury claim and can communicate this process to our clients in a simple and concise fashion.

Having experience working on billion dollar acquisition contracts for one of the World's largest semi-conductor manufacturers and institutional grade real estate development projects, we also bring vast experience to the negotiating table when it comes time to negotiate your business or real estate deal.  Our attorneys will work closely with you to understand your objectives in any transaction and to make sure they are reflected in your documents. However, no matter the size or dollar value of your transaction, no deal point is too small or insignificant when we work on your business matters.  For you, the client, the most important deal is your current deal and we understand that.  For some firms, attention to detail is just a motto, to McCain & Bursh, PLC, it is our livelihood.

The Firm strives to evaluate all its cases in an objective fashion so as to identify the key issues that will be prominent in your matter and to give you our reasoned opinion of your situation.  Where prudent, we utilize alternative dispute resolution processes to assist resolving our clients' disputes such as informal settlement conferences, mediations and arbitrations.  The Firm has been successful in resolving numerous disputes using these methods and in doing so has achieved positive results for our clients while avoiding costly and time consuming litigation.  However, where litigation is needed, we are experienced in all phases of the litigation process from motion practice to closing arguments.

Areas of Practice

• Banking & Finance Law
• Business & Commercial Law
• Contracts
• Debtor/Creditor
• Business Organizations
• Civil Rights
• Class Actions -- Plaintiff
• Discrimination
• Eminent Domain
• Construction Law
• Nursing Home
• Litigation & Appeals
• Personal Injury -- Defense
• Personal Injury -- Plaintiff
• Motor Vehicle Accidents -- Plaintiff
• Medical Malpractice
• Real Estate Law
• Land Use & Zoning
• Landlord/Tenant
• Toxic Torts
• Foreclosure & Alternatives
• Insurance Law
• Products Liability Law

West Practice Categories

Banking & Finance Law, Foreclosure & Alternatives, Business & Commercial Law, Contracts, Debtor/Creditor, Business Organizations, Civil Rights, Class Actions -- Plaintiff, Discrimination, Eminent Domain, Construction Law, Nursing Home, Insurance Law, Litigation & Appeals, Personal Injury -- Defense, Personal Injury -- Plaintiff, Motor Vehicle Accidents -- Plaintiff, Products Liability Law, Medical Malpractice, Real Estate Law, Land Use & Zoning, Landlord/Tenant, Toxic Torts