Family Law

• Divorce
  Cuddy & McCarthy offers resolution of family law matters through conventional litigation and “Collaborative Divorce.”  Collaborative Divorce replaces the combativeness of litigation with a cooperative process that gives families resources and options unavailable in traditional divorce models.
• Child Support
  Aaron practices primarily in domestic relations, including divorce, custody, child support, adoption, and domestic violence cases.  He continues to practice criminal law, including DWI, misdemeanors, felonies and children’s court matters.  He also has a civil litigation defense practice.
• Child Custody and Visitation
• Adoption
• Paternity
  Julie Wittenberger joined Cuddy & McCarthy as a Partner in January 2009 after practicing as a shareholder and associate at White, Koch, Kelly & McCarthy, P.A. since 1996.  She practices in the area of family law and has both a litigation and collaborative divorce practice.  Julie has been recognized by the New Mexico Board of Legal Specialization as a Family Law Specialist since 2001 and has been selected by her peers for inclusion in The Best Lawyers in America in the area of Family Law since 2009.  She represents individuals in all aspects of family law, including divorce, legal separation, custody matters, child support, paternity actions, grandparent rights, post-divorce litigation, mediations, adoptions, prenuptial agreements, postnuptial agreements, and cohabitation and separation agreements between partners and spouses.
• Premarital Agreement
• Guardianship
  Entities to estate, trust and guardianship administration (including the representation of both fiduciaries and beneficiaries in contested probate and trust matters). We also advise clients on methods and tax effects of charitable giving and have assisted in the establishment and operation of private and publicly supported
• Spousal Support
• Legal Separation

Criminal Law

• Criminal Defense
• DUI/DWI
  Cuddy & McCarthy represents clients in criminal proceedings such as: Administrative licensure Misdemeanors Felonies DWI Domestic violence Children's court matters …
• Wrongful Death
  Stephen Royce served as Managing Partner of Cuddy & McCarthy, LLP from 2019-2021, having joined the Firm in 2016 as a partner in the Albuquerque office, where he maintains a state-wide litigation practice serving clients in federal and state courts.  He holds broad, cross-disciplinary experience in complex civil and commercial litigation matters, including the areas of banking, construction defect, fiduciary and probate and trust, insurance coverage and bad faith, long term care and nursing facility claims, and wrongful death and catastrophic injury matters. Mr. Royce was trial and lead prevailing appellate counsel in the New Mexico case of first impression establishing minority close corporation shareholders rights...
• Theft
• Misdemeanors
  Aaron Wolf is a Partner at Cuddy & McCarthy, LLP and a former shareholder of White, Koch, Kelly & McCarthy, PA that he joined in 1988. Prior to joining the firm, Aaron served as Assistant Attorney General in the Attorney General’s Office and in the New Mexico Human Services Department. He then joined the New Mexico Public Defender Department, First Judicial District Public Defender, in the trial division, where he tried numerous felonies, misdemeanors and children’s court cases.  In 1986, Aaron was appointed First Judicial District Defender and supervised the trial division until 1988.

Business and Corporate Law

• Corporate Law
  Santa Fe Partner Patrick Ortiz served for over 18 years as Senior Vice President, General Counsel and Secretary to PNM Resources, Inc. (PNMR), an energy holding company with public utility operations in New Mexico and Texas. During his 38 year legal career, he has been involved in matters related to all areas of regulatory authority under the New Mexico Public Regulation Commission and its predecessors, including serving as a commissioner on the former New Mexico Public Service Commission. His experience includes overseeing all legal matters that can affect a publicly traded company, including governance, litigation, commercial transactions and general business and corporate law matters. As do other members of the firm, Mr. Ortiz believes in prevention and being a problem-solver for the client. Prior to joining PNM, Mr. Ortiz was employed by U S WEST Communications as Chief Counsel-New Mexico.
• Mergers and Acquisitions
  Upon graduation from law school, Mr. Garcia was Assistant General Counsel at the Kansas Corporation Commission, where he gained extensive experience in all aspects of administrative law and litigation in the regulation of public utilities, oil and gas production and motor carriers. He managed and prosecuted electric, natural gas, water utility, railroad and motor carrier cases; advised and made recommendations to five member Commission on deliberations and decisions on pending adjudicatory cases. Mr. Garcia was lead counsel for the Commission in electric and natural gas administrative proceedings before the FERC; and also lead counsel for the Commission in both the trial hearing and Commission deliberations in merger transaction involving the two largest electric utilities in Kansas. The Commission’s order from this case, which can be found at 127 PUR 4th 201 (Kan. S.C.C. 1991), is still a leading case in the industry setting the standards for evaluating the mergers and acquisitions of utilities.
• Business Disputes
  Mr. Garcia joined the Firm in 2010 as a Partner focusing on the areas of corporate and business law, regulatory compliance, public utility, energy, commercial transactions, insurance defense, and public/government entity representation. Mr. Garcia has over 25 years of experience representing and advising corporate and governmental agency clients in a wide variety of administrative and judicial proceedings and litigation, including corporate law and commercial transactions involving both private businesses and public entities; state court litigation and administrative proceedings before state commissions and boards; wholesale energy proceedings before the Federal Energy Regulatory Commission (FERC); civil rights claims before the Equal Employment Opportunity Commission; environmental compliance matters before state and federal environmental agencies; as well as employee labor matters before state labor commissions/boards. His experience includes numerous regulatory enforcement proceedings before state and federal regulatory agencies; defending clients in regulatory compliance and financial audits; representation of clients in commercial contract negotiations and daily business/government operations; as well as representation of small business clients in a variety of corporate and commercial matters.
• Business Transactions
  Prior to joining the Firm, Mr. Garcia was Of Counsel to Miller Stratvert, P.A., representing business and utility clients in litigation and regulatory proceedings before the New Mexico Public Regulation Commission (NMPRC); and he also developed legal strategies and advised clients in federal regulatory matters before FERC. Mr. Garcia represented business clients in various commercial transactions and contract negotiations; merger and acquisition transactions; real estate and land transactions; and advised clients regarding compliance with state and federal regulatory requirements, including defending utility clients in operational audits completed by federal regulators related to national electric reliability standards.
• Limited Liability Companies
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• Construction Contracts
• Intellectual Property

Employment Law

• Wrongful Termination
  We provide both counseling and defense of lawsuits.  We have successfully defended employers in all types of employment and civil rights proceedings, in state and federal courts and before administrative agencies. That record includes representation of public and private employers against wrongful discharge; breach of contract; sexual harassment; disability; age, gender, religious, national origin, and racial discrimination; and Family and Medical Leave Act claims.  We have an even more extensive record of litigation on behalf of public employers in lawsuits involving civil rights claims, such as First Amendment retaliation, due process and equal protection violations, and other constitutional and statutory issues.
• Employment Discrimination
  Carl Waldhart received his B.A. from Knox College (2015) and his J.D. from the University of New Mexico School of Law (2019). He is a licensed member of the New Mexico State Bar Association. Mr. Waldhart completed a legal externship with the New Mexico Department of Workforce Solutions in 2017, developing a background in employment, labor, and administrative law. In 2018, Mr. Waldhart externed with the Albuquerque Office of the Public Defender where he assisted with a wide spectrum of criminal litigation. That same year, Mr. Waldhart received his clinical training with the Economic Justice Division of the University of New Mexico Clinical Law Program, where he advocated for clients in complex civil litigation involving fair housing, employment discrimination, wage theft, and low-income entrepreneurship. During his clinical experience, Mr. Waldhart also focused on community lawyering and legislative advocacy projects with New Mexico-based nonprofit organizations. In 2019, he joined the Hatcher Law Group as an associate where he worked primarily in the areas of public sector litigation and insurance defense. In August 2022, Mr. Waldhart joined Cuddy & McCarthy, LLP as an Associate and continues to practice in the areas of public sector litigation and insurance defense.  Mr. Waldhart is a member of the Young Lawyers Division of the New Mexico State Bar.
• Employment Contract
  Patricia Ives is a Partner at Cuddy & McCarthy and has practiced law with the Firm since 1987. Her primary practice areas are administrative and regulatory law, education law, employment law, Indian Law, litigation, public school bonds and finance, and telecommunications. She advises public and private employers on local, state and federal employment laws, employee complaints and grievances, employee handbooks and manuals, employment contracts, and other personnel matters. Patricia also advises telecommunications companies and other utilities on state and federal law, and advises public schools regarding board, bond and tax elections, as well as general obligation bonds and education technology lease-purchase issues.
• Employment Litigation
  Ms. Kilgore has extensive experience in state and federal court litigation. She has been responsible for over 150 major cases in New Mexico and individual cases filed in federal courts in Oklahoma, Texas, Colorado and California. In many of these cases she represented state agencies, counties or municipalities and officials in civil rights actions involving First, Fourth and Fourteenth Amendment claims and employment claims. However, she has also represented plaintiffs in these areas. She currently represents the State of New Mexico through many of its departments, including the New Mexico Department of Veteran Services, Public Employees’ Retirement Association, Children, Youth and Families Department and New Mexico Highlands University.
• Non-compete Agreement
• Severance Agreement
  Cuddy & McCarthy advises and represents a variety of public and private employers and individuals throughout New Mexico.  Our expertise encompasses all aspects of federal and state law pertaining to employment and civil rights, in matters pertaining to recruitment, hiring, at-will employment, contracts, promotion, substance abuse, privacy, employee violence, harassment, “whistle-blowing,” disability accommodation, family and medical leave, reductions in force, severance agreements, references, discharge, and arbitration.
• Sexual Harassment

Property Law

• Real Estate Litigation
  Mr. Turner  was one of less than 10  attorneys in the state of New Mexico to be certified as Certified Specialist in Real Estate Law by the NM Board of Legal Specialization, from 2009-2019 until the program’s termination by the NM Supreme Court as of 12/31/19. In order to qualify as a Certified Specialist, attorneys were required to have a certain number of years of  experience, devote a  certain  amount of their  practice to real estate law, and demonstrate good character and reputation in New Mexico’s legal community.
• Premises Liability
• Construction Litigation
  Real estate or assisting clients when jobs do not work out as planned. We work with contractors, subcontractors, architects, engineers and other construction-related service and material providers, as well as individuals on construction of their principal residences and with developers building commercial projects. Our lawyers have also handled residential and complex commercial construction claims for both owners and contractors before arbitration panels and courts. Examples of our services include...
• Real Estate Transactions
  Cuddy & McCarthy provides a full range of legal real estate services with a result-oriented approach.  Our experienced real estate attorneys are dedicated to designing and implementing the strategy and choosing the entity best suited to meet our clients’ objectives.  Our clients include individuals, businesses, investors, landlords and tenants whose properties include residences, undeveloped land, ranches, subdivisions, and office, retail, industrial, multi-family and mixed-use sites.  Our attorneys regularly represent owners through each stage of their real estate transactions: acquisition; zoning and
• Easement
• Land Use and Zoning
  Cuddy & McCarthy’s land use attorneys understand the complexities of real estate projects, from conception to construction.  We work with owners on commercial, multi-family and residential projects of all sizes to assist in securing necessary government approvals in municipalities and counties in Northern New Mexico.  In doing so, we apply a thorough understanding of governing codes, procedures and general land use law gained from years of experience. We regularly represent clients in master plan and plat approvals, subdivisions, rezonings, variances, historic design review and annexation proceedings.
• Landlord-Tenant Disputes
• Property Damage

Health Law

• Personal Injury
  Carlos J. Padilla is an Associate Attorney at Cuddy & McCarthy, LLP. Mr. Padilla began his legal career with Cuddy & McCarthy in May of 2018 before leaving to clerk for two years with the New Mexico Court of Appeals, in the chambers of the Honorable Jaqueline R. Medina. Upon completion of his clerkship, Mr. Padilla returned to our Firm in September 2021. Mr. Padilla is experienced in a wide variety of practice areas including real property law, administrative law, public records law, personal injury, construction law and general civil litigation.
• Medical Malpractice
  Robert Corchine received his B.A. from the University of Missouri-Kansas City (1983) and his J.D. from Southern Methodist University (1987). He is licensed to practice in Texas and New Mexico. Mr. Corchine practiced law in the Dallas/Fort Worth area from 1988 through September 1994 with an emphasis in the areas of insurance defense, personal injury defense and workers’ compensation defense. He practiced with the firm of Guebert & Yeomans, P.C. in Albuquerque from September 1994 through October 1998. He joined the firm of Sturges Houston & Johanson in Albuquerque December 1998 where he worked until December 2000. Mr. Corchine joined Dines, Gross & Esquivel, P.C. (later Dines & Gross, PC) in Albuquerque in December 2000. He became a shareholder at Dines & Gross, P.C. in 2006.  Mr. Corchine practiced with Dines & Gross, P.C. through December 2011. He joined the firm of Miller Stratvert P.A. in Albuquerque in January 2012. He became a director at the firm in 2013. Mr. Corchine practiced at Miller Stratvert, P.A. through February 2016. He joined the Hatcher Law Group in August 2016. In August 2022. Mr. Corchine joined Cuddy & McCarthy, LLP as a Senior Associate.  Over the past 33 years, Mr. Corchine has concentrated his practice in the areas of insurance defense, with an emphasis on the defense of personal injury, medical malpractice, products liability, premises liability, civil rights, wrongful death, trucking accidents, food-borne illness and construction defect claims. Mr. Corchine has also represented insurers in complex coverage disputes and bad faith claims. He has tried over 50 jury trials to verdict in Texas and New Mexico and has participated in numerous bench trials, arbitrations and mediations. He is a member of American Board of Trial Advocates (ABOTA) and is a former director of the New Mexico Defense Lawyers Association.

Trusts and Estates

• Estate Planning
  Ms. Brinck is a member of Real Property, Probate and Trust Law Sections of the American Bar Association, the Colorado Bar Association, the New Mexico Bar Association, and the New Mexico and Santa Fe Estate Planning Councils. She is a member of the Rotary Club of Santa Fe and a former member of the Board of Directors of the Santa Fe Community Foundation, 1995-2004.
• Wills
  Whether you need help with a bond issue in Las Cruces, a complex real estate transaction in Rio Rancho, or elsewhere in New Mexico, a divorce, a home purchase, a will and trust, or a school board issue anywhere in the state, in local, federal or tribal court, Cuddy & McCarthy can provide quality legal services.
• Trusts
  The attorneys at Cuddy & McCarthy have extensive experience in organizing and creating non-profit corporations and foundations and seeking nontaxable status for charitable, educational and scientific entities.  The first step is determining whether a client’s proposed activities will qualify for tax-exempt status.  Second, we seek input from the client about whether the entity be a “public charity”, “private foundation” or “supporting organization” and discuss the advantages and disadvantages of each.  Next, we assist the client in choosing and creating the type of entity such as a nonprofit corporation, charitable trust, foundation or other entity that will work best.  We then work closely with our client to complete the application to the Internal Revenue Service for tax-exempt status.
• Probate
  Julie Rivers, is well experienced as a litigator and mediator.  Ms. Rivers is licensed to practice in New Mexico and Oklahoma, concentrates her practice in wills, trusts and estates and probate law as well as litigation concerning those areas.

Finance Law

• Bankruptcy
• Foreclosure
  Our attorneys have significant experience in workouts and restructuring of debt in ways that can be a “win-win” for all sides.  Our litigators are experienced in adversary proceedings under the Bankruptcy Code and in foreclosures and workouts.  Our real estate, banking, tax and commercial law attorneys add expertise in workouts and restructuring of debt.
• Tax Law
  We also work cooperatively with other professionals in providing estate and trust administration services to our clients including post-mortem tax planning, income, estate, gift and generation-skipping taxes, as well as planning for closely held businesses, real estate, artwork and other unique properties.