David A. McCarville

Of Counsel

emaildmccarville@rcalaw.com
phone602.440.4894
fax602.257.6994
Legal Secretary: Susan Tookey
emailStookey@rcalaw.com

Biography

David helps clients with estate planning and administration, probate litigation, Blockchain technology legal advice, and real estate/corporate transactions. In his work with individuals, couples, families and business owners, he serves as a trusted counselor who brings a multidisciplinary approach to help solve their legal problems and plan for the future. His clients know they can count on him to intervene personally, if he can, or put them in touch with another professional who can help.

Estate Planning for Individuals, Couples and Families. David wholeheartedly believes that every person needs an estate plan to protect their assets and preserve their wishes upon death and/or incapacity. Through the use of Living Trusts, Powers of Attorney, Advanced Health Care Directives and related documents, David empowers his clients with all the tools they need to make sure their estate avoids the costly and time-consuming probate process. Estate planning can be a scary and overwhelming prospect for many people; knowing that, David patiently leads his clients through the entire process, with the goal of ultimately replacing their fear with peace of mind. 

Estate & Succession Planning for Business Owners. David helps business owners safeguard their legacies by making sure their business interests are protected and pass to a worthy successor. He works through issues related to buy-sell agreements, assigning interests, asset protection, cash flow management, and effective use of life insurance and other financial tools to assure a smooth transition. He has also helped resolve complex situations where business and personal issues collide: for example, he recently helped an owner in a multi-owner partnership ethically protect his business assets while going through a divorce. David has significant experience working with owners of family farms and helping them navigate their specialized estate and business succession planning needs. 

Probate Litigation & Trust Administration. David represents parties involved in contested Probate Court actions such as Guardianship, Conservatorship, Formal Probate and Trust Administration matters. In this capacity, he also represents individuals and licensed fiduciaries who are acting as Trustees, Conservators or Personal Representatives of either a Trust or a Probate Estate. David has experience helping to resolve complex probate issues involving vulnerable adults, undue influence and fiduciary rights and obligations.  

Blockchain Technology Legal Advice. David is committed to understanding the legal implications of Blockchain technology. He has become a recognized thought leader on Blockchain and its related technologies including cryptocurrencies, Bitcoin, and smart contracts. He is currently co-teaching the first-ever Blockchain course offered by Arizona State University’s Sandra Day O’Connor College of Law; in the course titled “Blockchain and Cryptocurrencies: Law & Policy,” David focuses on Bitcoin, smart contracts, international implications, and real estate and supply chain applications. David provides legal counsel and support to startups and established companies seeking to leverage Blockchain in their businesses. His experience includes advising on Blockchain issues in the context of corporate structure, initial coin offerings (ICOs), pre- and post-ICO funding, employment matters, contracts including pilot project agreements, and intellectual property. David sees great potential for Blockchain in the area of estate planning given that this technology offers the ability to create an immutable record that cannot be hacked or forged. Estate planning often suffers from forgery and missing documents—and David sees Blockchain technology as having the potential to powerfully address these pain points. David continues to gain knowledge in this evolving area and finds it especially rewarding to help clients understand Blockchain technology and how it can be used to improve their lives and businesses.

Real Estate/Corporate Governance & Transactional Matters. In the areas of real estate and corporate governance, David advises clients on both transactional and governance matters. His real estate and corporate law experience includes breach of contract and partnership disputes, well-sharing agreements, purchase and sale contracts, easements and adverse possession matters. David’s transactional practice benefits from his earlier work as a litigator: he is particularly adept at identifying potentially problematic contract terms when helping his clients review and negotiate leases, purchase and sale contracts, franchise-purchase agreements, and other contracts. His transactional practice also includes forming business entities for real estate holding companies, advising on corporate governance issues, and reviewing loan documentation.

Previous Career in Logistics and Transportation Industry. For many years, David enjoyed a rewarding career in logistics, planning and transportation industries in Washington, D.C., Nevada and Arizona. As a consultant with Booz Allen, he was involved in strategic planning associated with the transportation and disposal of nuclear waste for the U.S. Department of Energy’s Yucca Mountain Project. His previous experience also includes serving as a Nuclear Transportation Manager at Edlow International Company and as an Operations Manager at Matrix International Logistics.

Personal. David is happy living and working in his native Arizona, where he and his wife Judy are raising their four daughters. 

Speaking Engagements

  • "Blockchain and Cryptocurrencies: Law and Policy," Adjunct Professor, Arizona State University's Sandra O' Connor College of Law, Fall 2018
  • "Blockchain 101," Arizona Technology Council's Law & Technology Committee, April 2018
  • "Blockchain," Finemark, March 2018
  • "Fintech Landscape," Simon Consulting, October 2017

Memberships

•    American Bar Association, Member of General Practice, Real Property, and Trust and Estates Law Sections
•    Desert Blockchain, Member
•    Arizona State University Law Science & Innovation Blockchain Group, Member

Profile Information

Offices

Solutions

Education

  • George Mason University School of Law, J.D., 2005
  • Loyola Marymount University, B.A., 1992

Admissions

  • Arizona, 2006
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