Griffith, Kim A.

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Updated 7/15/2009

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Sheehan, Sheehan & Stelzner, P.A.

40 First Plaza N.W.
Suite 740

Albuquerque, NM 87102

Phone: (505) 247-0411

Fax: (505) 842-8890

Contact Us


Summary

Current Employment Position(s)

Managing Shareholder/Director

Lawyer Overview

I began my association with Sheehan, Sheehan & Stelzner in 1986, and my long tenure here speaks to the fact that I work with wonderful, talented people who share my goal of providing high quality legal service and helping clients solve their problems. It also reflects the fact that the firm was willing to honor my need for flexible work hours and part-time employment during the early years of my employment so that I could juggle work and home responsibilities as a single parent. I have had the opportunity during my years of practice with the firm to work on a broad and interesting variety of matters for many different kinds of clients, including individuals, small business owners, corporations, state and local government bodies and agencies, and state universities. My practice is concentrated in the areas of employment law, contract law, and general litigation. I also practice in the areas of construction law and commercial litigation. In addition, because a primary focus of my practice is legal research and writing, I often assist other members of the firm with legal briefing on cases in their practice areas, and assist with the firm's appellate briefing. As a result, I have experience in a variety of areas beyond my primary areas of practice, including products liability, utility law, tort claims, environmental law, insurance coverage, and administrative law. I hold an "AV" rating from Martindale-Hubbell.

Employment law matters are a primary focus of my practice. I have represented public and private employers, large and small, in connection with charges of sexual harassment, discrimination, and retaliation for whistle blowing under federal and state laws. I have also defended a large federal contractor and a healthcare prover in qui tam lawsuits brought by former employees under the Federal False Claims Act. I have represented employees as well as employers in cases involving breach of contract claims, covenants not to compete, wage and hour disputes, and general allegations of wrongful discharge. I also provide advice and counsel to employers on how to identify, investigate and properly handle personnel problems as they arise and evolve, with the goal of avoiding costly litigation. In the same vein, I assist employers in reviewing and revising their personnel policies and procedures.

My work in the area of contract law has included negotiation and drafting of a wide range of agreements, including asset purchase and sale agreements, employment contracts, indemnity agreements, security agreements, lease agreements, professional services contracts, and equipment leases.

I have represented a broad spectrum of clients in commercial and construction disputes in state and federal court, as well as in arbitration proceedings and administrative adjudications. Those disputes have included lender liability issues, insurance coverage, the Uniform Commercial Code, lien disputes, public procurement, licensing, performance and payment bond actions, and partnership and shareholder disputes. My construction law experience and knowledge has been greatly enhanced by my role as co-editor of Timothy M. Sheehan's two treatises on construction law, New Mexico Construction Law (published in 1987 by Butterworth Legal Publishers) and  Construction Law in New Mexico (published by the New Mexico Law Institute in 1996).

After my graduation from the University of New Mexico School of Law in 1983 and prior to joining the firm, I served as a law clerk to the Honorable Juan G. Burciaga of the U.S. District Court for the District of New Mexico from 1983 to 1985. My decision to obtain my law degree was the culmination of many years of paralegal work. I worked as a program analyst for the Office of Field Services at the Legal Services Corporation in Washington, D.C. from 1975 to 1978. In the summer of 1975, I was a paralegal assistant in the international law division of Rubens, Weil & Gampbell, a firm of solicitors in London, England, where I worked on commercial transactions. From 1968 to 1971, and again in 1974 and the summer of 1981, I worked as a paralegal for the law firm of Hillman, Baxter & Hammond in Grand Rapids, Michigan. I have a twin sister who is also a lawyer, so the legal inclination is in our genes. When I am not lawyering, I enjoy playing tennis, traveling, reading and being a parent.

Areas of Practice

  • Contract Law, Construction Law and Commercial Law 10%
  • Employment Law 70%
  • General Litigation 20%
90% of Practice Devoted to Litigation

Representative Clients

  • ARCA
  • Greater Albuquerque Chamber of Commerce
  • Sandia Corporation
  • URS - Washington Division
  • Washington TRU Solutions, LLC

Representative Cases

  • Weise v. Washington TRU Solutions, Inc., 2008 NMCA 121 (2008)
  • Davis & Associates v. Midcon Inc., 978 P.2d 341 (NM Ct. App. 1999)
  • Cottrell v. Santillanes, 120 N.M.367 (NM Sup. Ct. 1995)
  • Tabet Lumber Co. v. Romero, 117 N.M. 429 (NM Sup. Ct. 1994)
  • Spaw Glass Construction Services v. Vista de Santa Fe, 114 N.M. 557 (N.M. Supr. Ct. 1992)
  • DeMatteo v. Simon, 112 N.M. 112 (N.M. Ct. App. 1991)

West Practice Categories

Business & Commercial Law, Contracts, Business Organizations, Employment Law -- Employee, Employment Law -- Employer, Litigation & Appeals

Qualifications

Bar Admissions

  • New Mexico, 1983
  • U.S. District Court District of New Mexico, 1983
  • U.S. Court of Appeals 10th Circuit, 1983

Professional Associations and Memberships

  • Center for Civic Values, IOLTA Grant Committee, 2000-
  • New Mexico Civil Legal Services Commission, Evaluation Committee (2003, 2005)
  • Legal Aid Society of Albuquerque, Board of Directors 1992-1999 (Vice-President, 1995-1999)
  • ARCA Management Services, Board of Directors 2000-2001
  • ARCA Management Services, Member, Human Services Advisory Council, 2001-
  • Leadership Albuquerque Alumni Association, Board of Directors 2000-2003
  • Leadership Albuquerque, Class of 2000
  • Lawyers with Class, New Mexico Bar Foundation, 1995-1996 (Partner with first graders at Alvarado Elementary School)
  • Mentor, University of New Mexico School of Law Mentor Program, 1995

Classes and Seminars

  • An Employment Law Primer, New Mexico CPA Society, 2006
  • FairPay Overtime Regulations, New Mexico CPA Society, 2005
  • Disability and Sex Discrimination, Co-Sponor with the EEOC, 2001
  • Federal and State Wage & Hour Laws, Statewide Legal Services Conference, 2001
  • What it Means to be a Good Employer, Associated Builders & Contractors, Inc., 1998

Past Employment Positions

  • Hon. Juan G. Burciaga, United States District Judge, District of New Mexico, Law Clerk, 1983 - 1985
  • Legal Services Corporation - Washington, District of Columbia, Program Analyst, 1975 - 1978

Education

  • University of New Mexico School of Law, Albuquerque, New Mexico, 1983
    J.D.
    Honors: Order of the Coif, Bondurant Scholar, 1982-1983

    Law Review: Natural Resources Journal, Lead Articles Editor, 1982 - 1983
  • University of New Mexico, Albuquerque, New Mexico, 1980
    B.A.
    Major: English

References

References

  • Robert L. Berlin, Associate General Counsel, URS - Washington Division
  • Terri Cole, President, Greater Albuquerque Chamber of Commerce
  • Sarah K. Downey, Legal Division, Sandia Corporation
  • Raeburn Josey, General Counsel, Washington TRU Solutions, LLC
  • Elaine Solimon, Executive Director, ARCA

Articles

Published Works

  • Construction Law in New Mexico (Co-Editor), New Mexico Law Institute, 1996
  • New Mexico Construction Law (Co-Editor), Butterworth Legal Publishing, 1987
  • Ninth Circuit Upholds Nuclear Power Moratorium Provision, 22 Natural Resources Journal 689, July, 1982
  • EPA Enjoined From Using Contractors to Inspect Emissions Sources, 22 Natural Resources Journal 247, January, 1982

Office Information

Address

40 First Plaza N.W.
Suite 740
Albuquerque, NM 87102

Phones

(505) 247-0411

Faxes

(505) 842-8890

Emails

Contact Us

Websites

http://www.ssslawfirm.com

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