Why Pay to Settle if You Can Win Your Case Without Trial

Let's be honest, no one enjoys having to hire an attorney for the most part; yet we see clients on an almost daily basis, fritter away legal money spent for no actual good reason?

Attorney herein operates FAR differently than most attorneys.
Rather than focusing on how many billable hours attorney can bill for, attorney instead sizes up each case on factual basis (and much experience) --  and makes some type of estimate on what could happen (and why..) and what might NOT happen (and why..)...then taking into account the variables that have been made known, attempts to best determine the pros and cons of each, in part, based upon the past conduct, the past hearings (if any) and the potential hearings if applicable.

Because attorney has done family law for many years, attorney has seen many, many variables in human behavior; in wage income disparities; in prolonged custody issues; in bad human behavior- including handling criminal case issues;  scads of mental issues including anxiety, bi-polar, narcissism, you name it; even with both parties being afflicted....criminal protective orders, domestic violence requests, supervised visitation, no contact orders, prolonged litigation by other party's attorney or even the opposing client themselves...... attorney has huge experience in cases involving animal law (even in federal court) and is competent on animal placement, even within a dissolution case (since CA law now provides that Judges can award custody of pets..)

If you would NOT like to have protracted litigation then it does pay to think ahead, even far ahead.

Some parents are honestly not suitable for being the custodial parent; and it will be obvious. Other parents know they are NOT the suitable parent and really doesn't even like watching the kids, but will pretend to be suitable to save on paying support. Inasmuch as shared custody is common, all of the aforementioned situations are things that will cost more money, usually, for nothing to be gained as far as proper parenting is concerned.  Therefore, doing such things is a waste of money?

While attorney herein cannot stop this entirely, attorney makes no effort to hide these facts and will actually simply call out those facts throughout the case since litigation does take time if the parties continue to disagree.

Trial should be avoided unless absolutely required.  As an attorney in family law, trial should usually be reserved only for issues that are a complete dead end, and there is a possibility of gaining something. It is a bad idea to do this just to raise the other side's costs. It is rather unethical actually, and attorney herein would  not make that choice.

Marijuana Issues Within Custody Cases-- Big Deal Lately

Could you lose custody of your children due to smoking marijuana?

Most county employed mediators have standard provisions that parents should adhere from smoking in presence of children, or sometimes even when the kids are under the control of that specific parent. Further, even if smoking is allowed in certain areas, many mediators don't want kids near second hand smoke, period. EVEN if it's inside the house in another room...EVEN if it's anywhere near where the kids might be, play, or access? Like outside?

The "smoking" will generally cover most forms of tobacco and possibly edibles.... (cigar, cigarette, vape, medical MJ, etc...)  And many times, smoking by third parties in the home may not be a good idea due to secondhand smoke. VAPING is almost worst because it is becoming well known, that the nicotine involved, is fused with scents (i.e. cherry,etc) that the teens are running to buy/try?   https://vaping360.com/how-old-to-vape/

In Butte County, a jury has previously returned a guilty verdict over an issue of whether medical marijuana is a defense (to child endangerment charges)--- the long contested case of  Daisy Bram, where allegedly, the lesser count of misdemeanor child endangerment was found (as opposed to child endangerment likely to cause great bodily harm)... Judge Glusman ruled that no valid evidence was presented as to the certified use of medicinal marijuana and thus it was not available as a defense. Ms. Bram was not represented by counsel, which obviously hindered her defense.

http://reason.com/blog/2014/03/07/daisy-bram-a-witness-in-federal-case-aga

Child Endangerment in California...

Under Penal Code section 273a  there is a possibility of criminal prosecution whenever a child is under your care or custody and you:

• Willfully permit the child to suffer;
• Inflict unjustifiable physical or mental pain upon any child; or
• Willfully endanger the health of a child.

If the prosecuting agency in your county believes that you are “endangering the health of your child” by smoking marijuana or growing it in a home where your children reside, you may face criminal charges....

These charges may be filed as a misdemeanor or as a felony. Of course, if the court order stated that any type of smoking or use of same is not allowed while child is under your care, a violation might be a contempt charge potentially, if the other spouse or another was to bring that claim forward?

If convicted of felony child endangerment, you could be sentenced to up to six years in prison and ordered to pay a maximum $10,000 fine. A misdemeanor conviction is punishable by up to one year in county jail, up to a $1,000 fine, or both.

Why is Alcohol Allowed But Not MJ?

Generally, no courts like the idea of alcohol, tobacco, marijuana, edibles, cigarettes, cigars, etc. when it comes to kids. Although there are tons of rules regarding drunk driving, there are not tons of rules for intoxication at home due to getting high on drugs, including legal marijuana and the like. While the hearsay out there is that MJ will be used, consumed and grown by large business, including beer companies, and that the feds will be changing those laws, it is a possibility, but we wouldn't bet your life on it happening super soon.

The banks and other super duty corporations always want to benefit themselves first. BUT if they manage to do it, we can be assured that they will have already thought of safer ways to tone down common marijuana so that it would be as common as alcohol, and treated closer to the way alcohol is regulated.

 OTOH, the presence of nicotine in the vaping formulas which are targeting teens (and apparently succeeding)-- is something that relies on curiosity and being popular, because "everyone" is trying it. However one is supposed to be 21 to be "vaping"....well, we are sure that plenty of people are ignoring that there law?? LOL

Parents that are smoking or vaping, your kids are watching you.

Note:  //The courts generally do not favor the smoking of MJ, even if it is medically prescribed.

 People with chronic anxiety often resort to marijuana use, or prescription meds. The meds only do so much, the overly anxious client will still be overly anxious, but somewhat better than with no meds at all.//

https://buttecountyfamilylawlawyer.blogspot.com/  Another site by attorney C. Chan

Roseville Divorce Family Law Attorney C. Chan

Examples of Cases attorney has done..................

Case against Chase Bank, mortgage fraud, prevailed;  PGE, violation of bankruptcy statute, prevailed;  the American Kennel Club, [as to whether the entry form is an actual contract]--via summary judgment, we proved it was and won right to trial;
Los Angeles District Attorney (involving non profit corporation; all charges dismissed), San Diego's illegal law involving the structured positioning of what entities can or may sell animals, the illegal treatment of TV performing animals;  the denial of DV TRO cases because one parent is an informant
(informants aka snitches, are given favors by government)...

 CA State Personnel Board Published Decision on what is not sexual harassment (1993) involving top computer employee at the State Dept. of Technology Services [attorney used to work there], News article on attorney's case involving molestation case by the father in Sacramento, mid 1990's [all names/info were changed to protect family],

Denver Federal Court, and San Francisco Federal Court--on the issue of whether under Federal law, canines can be labeled as dangerous strictly by breed, and not allowed to own? [Known as breed bans..]  Unfortunately, despite this having been tested in 2007, the courts today still find a rational basis for discriminating by breed in many jurisdictions, especially in Federal Courts........attorney has huge experience in this area of law......... and insurance companies will also name breeds and not insure them typically................

Representing Jack Russell [of the metal band original Great White, now renamed Jack Russell's Great White] on disputed contract/fallout from same, against his former manager's claims [Jack got rid of him!]
News article Butte County, as defense counsel for purported shooter in alleged gang related case [client got out after 4.5 years and is now successful construction foreman], attorney has tons more of winning cases in family law in various jurisdictions! This includes technology issues, stalking, invasion of privacy, representation of law enforcement employees, holders of advanced degrees, etc.  Basically, attorney has done a lot of family law cases, and was in an office prior with a Special Master. However attorney has done plenty of civil and criminal cases as well. So if you have a case or know someone that needs help, feel free to refer them to me. I do consultations at no charge!

COMPLIMENT TO ATTORNEY ON PRINCIPLES AND ETHICS

Tina Taylor

2 reviews  2018

.

I spent five years embroiled in a highly contentious divorce in which I lost everything. As well, I was attacked by my ex-husband during that divorce, leaving me disabled and unable to work. My attorney did nothing to address this violence and in fact colluded with the other parties counsel. Judicial misconduct also took place in this case.

Obviously, this has left me in a difficult situation both legally and financially. I've spent the better part of a year searching for legal help with no luck whatsoever......... until I called Ms. Chan. Although she is not able to take my case, due to the county where it took place, she actually talked with me.

Not only did she speak with me for more than a few minutes sharing useful information with me, she did so pleasantly, willingly and for no charge. If that wasn't already more than kind and generous, she phoned me a week later giving me the address of a website that has proved extremely helpful.

Ms. Chan's moral principles and ethics are admirable, refreshing, and deserving of respect!

Additionally, I read about Ms. Chan's advocacy for animals in her bio and in my opinion, that earns her extra points as a responsible attorney and a fine human being...

This is interesting below--not new, but interesting.......but when Hollywood media takes hold, there is seldom, if ever, any repercussions for most of the conduct; there might be slight damage, but clients actually like it when attorneys take more strides to to their job. Obviously, we can't so far as to go over the top and do just what this attorney did, since it likely was beyond what is expected of attorneys [since we are not supposed to lead people into breaking laws]  However, it's interesting because it's doubtful that in CA the attorney would have been completely disbarred.
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Lawyer is disbarred for 'social media blitz' intended to influence custody case and top state court

http://www.abajournal.com/news/article/lawyer_is_disbarred_for_social_media_blitz_intended_to_influence_custody
POSTED JUL 08, 2015
BY DEBRA CASSENS WEISS                                  


A divided Louisiana Supreme Court has disbarred a lawyer who used Twitter and an online petition to urge readers to contact two judges she accused of being unwilling to consider the evidence in two custody cases involving allegations of child sexual abuse.

The supreme court disbarred 52-year-old lawyer Joyce Nanine McCool in a June 30 opinion (PDF), noted by the Legal Profession Blog. A hearing board and the disciplinary board had recommended a suspension of a year and a day, but the four-justice majority on the state supreme court said disbarment was warranted. Three dissenters would have imposed lesser discipline.

The majority opinion said McCook displayed an “utter lack of remorse” and a “defiant attitude” by asserting her actions had First Amendment protection.

According to the court, McCool’s social media postings contained many “false, misleading and inflammatory statements” about the way two judges were handling the cases. Among the untrue statements were assertions that judges had refused to admit audio recordings of children talking about alleged abuse, although the recordings were not offered into evidence at that time.

The court also said McCool had solicited others to make ex parte contact with the judges—and with the state supreme court—to express their feelings about the cases, which were sealed domestic proceedings.

The court cited several examples of McCool’s advocacy, including this tweet: “GIMME GIMME GIMME Evidence! Want some? I got it. Think u can convince a judge to look at it? Sign this petition.”

Another example was this blurb: “Please sign the petition, circulate it to all of your friends and families and call Judge Amacker and Judge Gambrell during the hours of 8:30 to 5:00 starting Monday, August 15 to ask why they won’t follow the law and protect these children. Let them know you’re watching and expect them to do their job and most of all, make sure these precious little girls are safe!”

McCool had claimed her actions were protected by the First Amendment, but the argument didn’t persuade the supreme court majority. “We disagree and take strong exception to respondent’s artful attempt to use the First Amendment as a shield against her clearly and convincingly proven ethical misconduct,” the court said.

“The appropriate method for challenging a judge’s decisions and evidentiary rulings, as respondent even conceded, is through the writ and appeal process, not by starting a social media blitz to influence the judges’ and this court’s rulings in pending matters and then claiming immunity from discipline through the First Amendment.”

McCool told the ABA Journal in February, after the disciplinary board recommended a suspension, that she “was willing to stand up to two judges who ignored the law. … I thought that was what our oath demanded of us and it is why I became an attorney.”

The suspension recommendation, she said at the time, doesn’t do “anything to protect the profession or make it more ‘honorable.’ ”

https://www.justia.com/lawyers/family-law/california/chico

Affordable Legal Help......Possible?

REALLY?

So why is the question even asked? Probably because some people believe legal help should not be affordable, legal help should only be for rich people, or anything affordable simple cannot be any good?  REALLY?!

Everyone knows that money talks. Everyone knows that in personal injury, your attorney will not even charge you upfront for most things; they will take a lien. Why?  Because they will be paid later since your case is so good, supposedly.  In fact, they may end up taking up to 40% of your settlement depending on what is done.  But in family law, and criminal law, such contingency upfront liens are not used.  Most can possibly get a real property lien for attorney fees, so something similar. But not an actual contingency lien. (Those are the ads for if you don't win you don't pay...)  In family law, you will likely end up paying unless there is a way your attorney can get the fees from the other party.

Family law rules have certain criteria on who can get paid their fees, and from where. In many instances, it is the female who does not work, being paid by the male who does work. But not always.  We have seen attorneys implicating that "affordable" is not good, but that a standard is good. Surely most attorneys do not believe that simply because something is affordable, it cannot be up to standard?  That is simply wishful thinking. In family law, we have seen attorneys easily charge $3,000, $4,000, $5000, and client never gets a dime, never even gets into court to be heard, and the paperwork filed probably took about an hour to prepare.

Majority of graduates of national Ivy League colleges or law schools normally don't even bother to practice Family Law in the first place. Family law is a very different type of practice because it requires an incredible amount of people skills, patience, and to some degree, extra effort in the compassion department. It also requires one to be able to handle very difficult emotional clients--which many attorneys simply cannot, will not, or choose not to engage with........

Family law has a very high rate of "burnout" meaning, it is taxing in part, due to the emotional situations that are commonly seen. Clients are usually mad, sad, crying, fighting, bitching, moaning, complaining. That is par for the course-- professional people in divorces, non professional,  all of them.  95% of them are mad. Money issues make them mad, custody law makes them mad. Can we blame them?  Not really.

Just remember that few attorneys want to actually "be" affordable. Many people realize that most attorneys are not poor, and it's not because they charge a lower rate.  Some people believe that people who engage in document prep for pro se clients, or those individuals that function as LDAs (legal document assistants) or anyone that does unbundled work for clients must not be worthy. That is just a biased view against anyone who has ever helped clients who have less money; the state of CA has purposely set up the Family law Facilitator and SHARP (to name a few) in order to help with the increasing amount of people who cannot afford attorneys at all.

And with 75 to 80% of clients in pro se status in Family law cases, this has caused a huge backlog in the courts, for example, in the Bay Area, several court houses closed and divorces take 2 years to finalize; in Sacramento, the backlog is estimated at 1.5yr to get a judgment.  Much of that is because the paperwork needed for the cases is not prepared correctly and keeps getting sent back.

Therefore, having the paperwork done correctly will lessen the time it takes to process it--and guess what?  Few attorneys actually prepare paperwork when it comes to forms, most is done by the paralegal or assistant. Those forms are mostly free online, but one does have to know what to do with the forms.For example, failure to properly list an asset as a separate asset may cause the Court to believe it is a community asset.  Attorneys may devise the pleadings and the content and will review everything. However, don't believe that attorneys sit at the computer and fill out the forms, because at $350-$500/hr, they should be doing something else.

*We note that IF a specific case is dealing with exceptionally complicated assets, buyouts, commingled assets, premarital documents, exceptional contested facts like a movie star might have, physicians that own 7 separate medical companies, and cases involving multi-national corporations, or multi-national IP offerings--yes--those cases will take a lot of work, normally working with accounting forensics, maybe a special master. (Attorney herein used to be in an office with special master.)  But for most of the average divorces, those situations do not happen frequently unless one lives in Silicon Valley or Hollywood. 

Right of Reimbursement for Separate Property Contributions

Years ago, the Lucas case decided that a spouse contributing her or her separate property funds toward a community asset meant that it was a "gift" to the community, and basically, the contributing spouse did not receive back the amount contributed.  That is the short version of how it used to be.

Then the California Legislature codified Civil Code Sections 4800.1 and 4800.2 into Family Code Sections 2581 and 2640, whereby a right of reimbursement for separate property contributions (absent express agreement otherwise) come off the top of community property, as the characterization and reimbursement must be determined before the community property is divided. Often the community property is held in joint tenancy but not always. There are many variations between cases as to how spouses held title, the year it was first purchased, or refinanced, or subsequently re-titled to some degree.  Further, case law indicates evidence where money from various sources are used for obtaining assets, then commingled to some degree, then sold and used to buy yet another property with even additional funds from different sources (inheritance, loan payoff, refinance, sale, etc.)

The difficult cases usually involve a series over a number of years whereby the parties have bought and sold businesses and real estate and then changed the way title was held, and spent some of the proceeds but then used part of the proceeds for different things.  As expected, tracing large or numerous transactions can be quite a bit of work.

IN some cases the tracing is not exactly obvious or clear, or title is not exactly clear. Also under FC Section 2640, without a clear written waiver of the reimbursement, the community does not simply get to keep that separate proceed, such as a traceable down payment.  There are many published cases on Section 2640 cases, and quite a few involve convoluted tracing.

The reason that this Code Section is hazardous, is mainly because if one spouse thinks the contributing spouse donated the payment to the community (even if there was no clear waiver of the reimbursement right) then the community proceeds may be much larger or smaller than anticipated, because either the waiver was or was not executed sufficiently.

        

An example: Susan and Bill are to be married, and prior to marriage, Susan already owned a home worth $500,000, with $500,000 equity. During marriage, Susan deeds the house to Susan and Bill, as community property and records the new deed. At that time, the house equity had increased to $700,000.

Several years later they get divorced. The value of the house is still $700,000. No new loans were taken out on the house, and it was not refinanced or used for collateral on any other property.

So the question is:  Does the community now obtain any of the gained equity? Meaning, does Bill get any proceeds from it?  The answer is probably no. As can be seen this Code Section can be a trap for the unwary. Appreciation (if any) from point A forward is not necessarily the same as one half of the equity (in the home) when considered under FC Section 2640.  If you suspect you have this issue and do not want to guess or make a mistake, make sure you talk to an attorney that is familiar with this.