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Mark A. Shields: A Good Run

“Family law should always be in caring hands,” says Mark Shields, partner in Gillespie, Shields & Taylor. A veteran of both the family and appellate courts, his caring hands have successfully handled more than 100 appeals since joining the firm in 1996. Many of his cases resulted in published opinions that have shaped Arizona law on key subjects, ranging from everyday matters like prenuptial agreements to exceptional situations such as fraud upon the court.

Partner DeeAn Gillespie notes Shields’ contribution to the firm’s expanding services, part of which involves pioneering work in the civil rights arena on behalf of families caught up in Department of Child Safety and government overreach.

“I co-counsel and couldn’t do what I do without Mark as an integral part of the firm,” Gillespie says. “His stability and integrity have allowed this firm to grow and expand legal services into other important arenas.”

Running For His Life

Shields has certainly met his share of adversity during his career, especially with his terminal cancer diagnosis 12 years ago. He displays tremendous courage and fortitude in building his legal career as well as serving widely in the community, despite his health challenges.

“During 12 years of stage 4 cancer and 30-plus treatment rounds, the hardest part was not the mounting loss of function, the physical pain, or even the specter of death; it was coming to work so drained every day when most people would have already died from what I’d been through,” Shields says. “This is just a hard profession. I want people to know that it’s okay to ask for help, that they can do hard things … but not alone. There is no shame in needing help. The mind is the most complex part of human nature. It suffers just like any other body part. There’s no shame in this. It’s part of life, and certainly part of our profession.”

After receiving the grim diagnosis, Shields refused to give up. He juggled work and family commitments, and found his stride by taking up running. His co-workers cite his marathon running (including the grueling Boston Marathon) as an inspiring example of perseverance and endurance.

“I’d like to point out the great coping mechanism that running has been and highly recommend it to lawyers,” Shields says. “No doubt I would have died long ago had I not taken steps to make my body stronger. I’ve run thousands of miles since my diagnosis, including five marathon with Boston qualifying times, and in the top 7% of marathon runners in my age group. You can’t fight back against the cancer beast by sitting on the couch. Yes, rest is necessary in running and life in general, but when it’s go-time, you gotta go. That’s how you stay alive, in the law and in life.

“I am confident that the firm will get up and go on without me to serve our clients, the law, and our community as we have done so well in the past,” he says.

A Life in the Law

Shields graduated from Brigham Young University in 1993 with a degree in sociology. He worked for a year or so while his wife, Cami, finished her degree, before going on to graduate from J. Reuben Clark Law School in 1997.

Shields clerked for Gillespie during his second and third years of law school. He joined Gillespie & Associates after graduation. He left to work with Jackson White for three years. Gillespie’s firm continued to expand, so she invited him back and he accepted.

Attorney and co-worker Robert Newell says, “Mark’s words and writing are compelling, not just persuasive. He always knows the law, but his tone and tenor are compelling to read. He is witty in the courtroom, always to the client’s advantage – not just to be clever. He does a lot of appellate work, but is not intimidated by the process or the rather august appeals court environment. The facts and the law are at his command and his presentation is convincing.”

Shields applies his professionalism and caring approach to the firm’s team members. Senior Paralegal Shari Vratari says, “Over the years, we developed a professional relationship and worked some tough, incredibly challenging cases together. No matter the issues, the often-difficult parties involved, or opposing counsel, I never saw Mark lose his cool with them. Not once did I ever witness him treat anyone, including his staff, with anything but the utmost respect. He always knows exactly what to say, what to do and how to do it. His door is always open for us to pick his brain. He willingly gives his opinions or advice. He is one of the best attorneys I have ever known or worked for. He is a walking, talking law library. Mark is the epitome of an honest human being, and I am proud to work with him.”

Shields and his wife, Cami.

Practicing Excellence

Shields with his family.

Shields has practiced broadly in family law, civil litigation, juvenile law, and related fields, which have led to extensive experience in appellate work. He works in the firm’s Mesa, Arizona office.

The first of many of Shields’ successful appeals had a far-reaching impact on Arizona law, namely Schlaefer v. Financial Management. One spouse had incurred medical debts during the subsequently dissolved marriage. The husband cited the parties’ prenuptial agreement, which made his ex-wife’s medical expenses her sole responsibility, post decree. When a debt collection agency filed suit against the ex-husband, Shields claimed that the prenuptial agreement entitled his client to summary judgment.

The superior court judge held that Arizona law allows a creditor to collect from either spouse, and that the prenuptial agreement did not allow one spouse to avoid a debt incurred during the marriage. Shields argued the prenuptial agreement preempted that law in this situation, and that it should be binding as an exception to the rule that creditors are not bound by the divorce decree. The appeals court agreed with Shields. It instructed the superior court to vacate its ruling and enter judgment on behalf of Shields’ client … and also award fees.

Shields’ talents were on sterling display in another major appellate case, McNeil v. Hoskyns. His efforts not only brought a resolution for his client, but also significantly impacted Arizona law. The appeals court held that a statute establishing the superior court’s lack of jurisdiction did not apply, because it concerned a spousal support order that resulted from a fraud upon the court.

In that case, the wife claimed significant arrears of spousal maintenance and filed a petition with the superior court requesting enforcement. She did not disclose that the husband had already overpaid her by tens of thousands of dollars. The husband was arrested and jailed for contempt before the truth came out. The court ultimately vacated its order and sanctioned the wife, leading her to appeal. Shields’ handling of the husband’s case at the appeals court set the standard that there is no statute of limitations for a fraud upon the court. The appeals court affirmed that the wife had committed multiple frauds, upholding the lower court’s decision in favor of Shields’ client and clarifying that fraud upon the court would not be tolerated.

Living Life to the Fullest

Shields and Cami have been married for 25 years and have five daughters. His deep Arizona roots stretch back four generations. Shields’ father, H. Gordon Shields, was a respected patent and intellectual property attorney practicing in Arizona.

Shields is active in The Church of Jesus Christ of Latter-day Saints. He has authored several theological books, published broadly under that rubric. Before his bachelor’s degree, he invested two years as a missionary in Portugal, serving people of varied backgrounds, ethnicities and cultures. Recently, he and his sons-in-law visited his old Portugal mission area. He returned earlier this year with his wife and daughters to introduce them to the land and people he served and loved.

Fellow Mesa office attorney Jeffrey McCombs says, “Mark’s distinctive, encyclopedic knowledge of the law and high degree of wisdom are a rare combination that allows him to couple vast legal knowledge with good judgment, compassion, and insight. Mark gets the best possible outcomes for his clients. Decades of applied knowledge coupled with wisdom and understanding lead to perhaps the most amazing moment I ever witnessed in a courtroom.”

DeeAn Gillespie adds, “Far from wielding a magic wand, as the above image might suggest, Mark Shields holds sway in courtrooms’ stately settings by his intimate command of statute law, case law and, not least, decades of skirmishing in dicey situations. His respectful yet formidable courtroom demeanor has been honed to a keen knife-edge by adversity from contradictory ranks: legal, sometimes judicial, and often combative opposing parties. Mark’s integrity is a hallmark of a well-lived life; a colleague and friend of the highest order he deserves to be honored. His humble dedication to the law has earned regard from peers and, yes, even the judiciary. Mark has refined and crafted Arizona appellate family law. His professionalism in family advocacy work is of the highest standard. I smile at his affectionately calling me ‘Chief.’”

Shields’ many talents include making Harry Potter-style wands for family and friends.

If an attorney’s ability and value to his firm can be evaluated by colleagues, Shields’ handling of case work and the individual people and families involved would get top marks. Author and attorney E. Douglas Clark says, “Great lawyers are rare, great people are rare, but great lawyers who are great people are especially rare. Mark Shields is among that elite group, and it has been my privilege to associate with him both professionally and personally. He shines for his integrity, intelligence, expertise, humility, and unfailing loyalty to family, friends, and clients. I am a better person, and the world is a better place, thanks to my sterling friend Mark.”

At a Glance

Gillespie, Shields & Taylor
7319 North 16th Street
Phoenix, AZ 85020
602-870-9700

Practice Areas

  • Appellate Law
  • Civil Law
  • Family Law

Bar Admissions

  • Arizona, 1997
  • U.S. District Court District of Arizona, 1997
  • U.S. Supreme Court, 2012

Education

  • Juris Doctor, BYU, J. Reuben Clark Law School, 1997
  • Bachelor of Science, Sociology, Brigham Young University, 1993
  • Worthington High School

Hobbies & Interests

  • 70s & 80s Music
  • Woodcarving
  • Ecclesiastical Writing
  • Marathon Running

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