Frequently Asked Questions
Your guide to understanding common legal issues in our areas of practice.
General Questions
We practice in a variety of legal areas, including business litigation, commercial real estate, employment law, financial elder abuse, trust and probate litigation. Our team has extensive experience and knowledge in each of these areas and can provide you with the guidance you need to resolve your legal matter.
The cost of hiring a lawyer varies depending on the complexity of your case and the amount of time it will take to resolve it. We offer competitive rates and will work with you to develop a payment plan that fits your budget.
It’s always best to consult with a lawyer if you’re facing legal issues. Even if you don’t think your situation requires legal representation, speaking with an attorney can help you better understand your rights and options.
The time it takes to resolve a case varies depending on the complexity of the issue and the legal process involved. We’ll work diligently to resolve your case as quickly and efficiently as possible while still ensuring the best possible outcome.
We’re dedicated to providing our clients with personalized, compassionate service while aggressively advocating for their legal rights. Our team has extensive experience and knowledge in a variety of legal areas, and we’ll work tirelessly to help you achieve the best possible outcome in your case.
We have experience with a variety of legal matters and can provide you with the guidance and support you need regardless of the specific nature of your case. Contact us to schedule a consultation and discuss your legal matter in detail.
Appellate
An appellate lawyer in handling appeals of cases that have already been heard and decided by a lower court. They work to identify errors made during the trial process and argue for their client’s case to be reversed or affirmed or modified.
When a trial court has entered an order or a judgment based upon a legal error, the aggrieved party may appeal or petition for relief to a higher court, call the Court of Appeal. In California, we have six District Courts of Appeal assigned to hearing appeals from lower courts within their jurisdiction. The Sixth District Court of Appeal, in San Jose, hears appeals from the Superior Courts in Santa Clara, Santa Cruz, Monterey and San Benito counties. The parties to an appeal or petition “perfect” the record (placing the record of what happened in the trial court before the court of appeal), research and file briefs, and ultimately argue the matter before a panel of three justices. Once the matter is submitted, the Court of Appeal has 90 days to issue its decision. After, a party can petition to the Supreme Court for review of the appellate court’s decision, but in civil matters, it is exceedingly rare that the Supreme Court will take the case, so it is imperative that appellate attorneys put their best foot forward in the intermediate court of appeal.
It is a broad range of answers. It could be as short as a year or as long as several years, depending on priority
Contracts
A contract is a legally binding agreement between two or more parties that sets out the terms and conditions of a transaction or relationship. Contracts can be written or oral, but it’s generally recommended to have a written contract to avoid misunderstandings or disputes.
If you believe a contract has been breached, it’s important to seek legal advice as soon as possible. An experienced contracts lawyer can review the terms of the contract, assess the extent of the breach, and determine the best course of action to protect your interests.
Yes, a contract can be terminated early if both parties agree to do so or if there is a provision in the contract that allows for termination under certain circumstances. However, it’s important to review the contract carefully and seek legal advice before attempting to terminate a contract early to avoid potential legal consequences.
Business Litigation
Business litigation refers to legal disputes between businesses, such as breach of contract, intellectual property disputes, employment disputes, and more. It’s important to have an experienced business litigation lawyer who can help protect your business interests and navigate the legal process.
The best way to avoid business litigation is to have clear and comprehensive contracts in place, maintain good communication with clients and partners, and seek legal advice early on if there are any potential disputes or issues. It’s also important to work with a trusted business lawyer who can help you proactively identify and address potential legal issues.
Business litigation can take several months or even years, depending on the complexity of the case and the court’s schedule. It’s important to work with an experienced business litigation lawyer who can help guide you through the process and advocate for your rights.
Employment Law
Employment law refers to the body of law that governs the rights and duties of employers and employees in the workplace. This includes issues related to hiring, firing, discrimination, harassment, and more.
If you believe you’ve been discriminated against at work, it’s important to seek legal advice as soon as possible. An experienced employment lawyer can help assess the situation, gather evidence, and determine the best course of action to protect your rights and seek justice.
Commercial Real Estate & Leases
Commercial real estate law deals with legal issues related to commercial properties, such as leasing, financing, buying and selling, zoning, and more. It’s important to work with an experienced commercial real estate lawyer who can help you navigate the complex legal landscape and protect your interests.
When negotiating a commercial lease, it’s important to consider factors such as the length of the lease, the rent amount and any rent escalation clauses, the permitted uses of the property, and any maintenance or repair responsibilities. It’s also important to review the lease carefully and seek legal advice before signing to avoid potential legal issues down the road.
A commercial lease agreement is a legally binding contract between a landlord and a tenant that sets out the terms and conditions of the rental of a commercial property. This includes details such as the rent amount, length of the lease, permitted uses of the property, and more.
Trusts & Estates
A trust is a legal arrangement in which one person (the trustee) holds property or assets for the benefit of another person (the beneficiary). Trusts can be used for a variety of purposes, such as estate planning, asset protection, and charitable giving.
Estate planning is the process of preparing for the transfer of a person’s assets and property after their death. This can include creating a will, establishing trusts, designating beneficiaries, and more. It’s important to work with an experienced estate planning lawyer who can help you navigate the complex legal landscape and protect your interests.
Probate is the legal process of administering a person’s estate after their death. This includes verifying the validity of the person’s will, identifying and valuing their assets, paying their debts and taxes, and distributing their assets to their beneficiaries. It’s important to work with an experienced probate lawyer who can help you navigate the probate process and protect your interests.
Financial Elder Abuse
Financial elder abuse refers to the unauthorized use of an elderly person’s assets or property for personal gain or profit. This can include scams, fraud, undue influence, and more. It’s important to work with an experienced elder abuse lawyer who can help you protect your rights and seek justice.
Signs of financial elder abuse can include sudden changes in a person’s financial situation, unexplained withdrawals or transfers of funds, changes in legal documents such as wills or trusts, and isolation or unusual behavior of caregivers or family members. If you suspect financial elder abuse, it’s important to seek legal advice as soon as possible.
If you’ve been the victim of financial elder abuse, it’s important to seek legal advice as soon as possible. An experienced elder abuse lawyer can help you assess the situation, gather evidence, and determine the best course of action to protect your rights and seek justice. This may include filing a lawsuit, reporting the abuse to law enforcement, and seeking restitution or damages.
