Wednesday, May 27, 2020

Don't Let Covid Ruin Your Case!!

Many litigants are waiting around to file their cases, but waiting will set your case back for many months.  At least 6 weeks ago, the Court was behind at least 3 months. Right now, they are backlogged likely even further.

If you want to file a Request for Order, you better do it ASAP. The lag in time may cost you your case due to things happening that are only because of covid.  Everything is being done by phone BUT still--- you are in the game.  NOT filing means you will not get any changes, and certainly not as soon as you possibly could have. Exigent circumstances may still apply and you may need ex parte relief.  Judges are not continuing out ex parte hearings (let's say domestic violence) several times as they would have in the past, SO if you really need a DV TRO (domestic violence case) you should do it ASAP.


Friday, May 8, 2020

Why Attorney is Different--AND--MORE AFFORDABLE-- Than Most Attorneys?

Think about how most attorneys handle clients; attorney figures out the case, the law, and hopefully the client-- and they usually charge a lot of money, right?  *(If saving on "legal fees"/costs interests you-----make sure to keep reading, as attorney can almost guarantee savings of 30-45% from other attorneys fees...attorney knows this, because attorney only works on a limited amount of cases,  has no high costs for paying employees/overhead.

Most work is remotely done and you are not required to visit an office, or wait around with others-- especially with that covid always going to be around---unfortunately??

But-- what are clients REALLY concerned about??

 Only what is fair? Only that it's   "equal" ??

                                                    Only that they do the other party in?

                                                                         


The truth is, MOST clients WANT to WIN their cases!
  


That simply means, they hire an attorney in an attempt to get what they want, fix what they want, and get a result that they want-- right?  Well, let's say this--every client has their own wishes. Every client doesn't know all the laws, but most clients know what they want, and WHY they want it.

IS TRYING TO WIN YOUR CASE WRONG OR SELFISH???

In a few instances, it could be selfish, if the interests of the kids are thrown down while the wishes of the guilty parent are focused on, and ignoring the kid or children's best interests.

Example:  One parent is guilty of physically and emotionally abusing a child.
Parent doesn't deny this.  
Instead, parent  (1)  attempts to force the other parent into dropping 
either a protective order, DV TRO, or other restraint against the moving parent, 
so that he/she can then be scott free from the either the DV TRO or protective order,
 and then keep everything the way it was, (2)  without
 taking care of the harmed child or children, 
and  (3) without having repercussions to one's status in community as an abuser??????




Therefore, my job, as I see it, is to determine whether I can do that in each case? Having done this work for so long, experience does have its advantages....so unlike many attorneys who are only interested in being paid, I attempt to see if I can actually DO what the client wants; whether or not it is feasible, doable, ethical, and realistic? Will it harm others? Are there disadvantages to what the client wants? Is the client informed on possible downsides, or does client even know the law?

As an attorney, I am exceptionally (and I don't say that sarcastically!) good at determining what people want, and how to get it, and how difficult it will be.
     I have been trained both in social work, and team building,  group efforts, fund raising, non profits.  I understand people well, and work hard to instill faith where hope starts to go down.


Maintaining one's self esteem will help weather the most difficult cases; 
often, I see that clients have been taken advantage of, steamrolled, misled, 
and plain out lied to?? It is very common. 
I have taken cases which are dead losers and turned
 the cases completely around--this is possible in cases,
 sometimes because the wrong steps were used,
 facts were ignored, improper conclusions resulted?

Understanding  people, while helping them win their case is a very important role 
in helping kids that are in families with issues--and most of the time, 
it actually is NOT about the money.
Attorney has been able to handle many, many cases at prices far
below the average hourly rate, which usually has added charges for employees
and high rent offices.  Attorney does not have many of these expenses, and
chooses not to operate with high overhead.

If you need legal help and direction, please feel free to call attorney, 

there is no cost for phone consultation!

Thursday, April 16, 2020

DOMESTIC VIOLENCE--DO YOU NEED A RESTRAINING ORDER?

DOMESTIC VIOLENCE DOES NOT JUST INVOLVE PHYSICAL VIOLENCE!



https://www.emedicinehealth.com/domestic_violence/article_em.htm

https://domesticviolencelegalchico.blogspot.com/    Another of Attorney's Online Sites, showing how pervasive domestic violence is............


https://domesticviolencelegalchico.blogspot.com/2018/05/how-domestic-violence-affects-women.html

IF YOU NEED A DOMESTIC VIOLENCE RESTRAINING ORDER FOR YOURSELF/OR CHILDREN,
DO  NOT  WAIT !!!!!!!!

YOU CAN USUALLY OBTAIN ONE AT NO COST EITHER FROM 
AN AGENCY, OFTEN A NON PROFIT,  THAT SPECIFICALLY HELPS PEOPLE
 GET DOMESTIC RESTRAINING ORDERS, 
OR CONTACT THE SELF HELP UNIT AT THE LOCAL COURTHOUSE
THEY CAN HELP YOU PREPARE THE DOCUMENTS.

IF YOU ARE SEEKING AN ATTORNEY FOR DOMESTIC VIOLENCE, 
MAKE SURE THAT THE ATTORNEY HAS DONE THESE
 RESTRAINING ORDERS BEFORE AND IS FAMILIAR ALSO 
WITH SOME OF THE CRIMINAL
 LAW ISSUES, AS SOME DV TRO ORDERS MAY END UP
 AS CRIMINAL PROTECTIVE ORDERS 

Thursday, March 12, 2020

WINNING IN UNUSUAL WAYS ... FROM 2010, 2015, 2020 etc.

Winning in Unusual Ways!    2010, 2015, 2020 etc.

In another instance of trial (family law), after cross examining the other party, the opposing counsel suddenly called a recess.

After 7 years of never being able to get a dime out of the ex, no division of property, no spousal; ex husband  had already filed bankruptcy, my client, having previously used 3 different lawyers, [w/o a good result],  ended up contacting attorney herein --- for trial.

The opposing attorney stopped the trial after attorney herein----  spotted a bankruptcy fraud issue during the trial, based upon the husband's testimony vs. the bankruptcy document he filed;  and husband's attorney offered a combo to wife,  of about $23,000 combined cash/real property $100,000, and attorney fees of $6,000.

This likely meant that if they had NOT stopped the trial, my client would had gotten spousal, but we would have had to chase him forever across the USA to get it, and go to Bankruptcy Court also.....Client elected to take the offer. Many family law attorneys do not actually know bankruptcy law, but they probably should.

Because attorney herein  "caught"  the ex spouse on the stand for what appeared to be potential bankruptcy fraud, the rest is history......  so,  in case you have issues where you find out your ex spouse filed bankruptcy without telling you, and you got shafted, let's say in spousal support, you would likely need to run to an attorney that knows family law and bankruptcy immediately.

The person who lies in bankruptcy documents is in big trouble, and the court will nearly always take that as a sign that the person who filed the Petition in Bankruptcy court may not be honest.














In another instance, a civil case trial by a former wife against former husband and girlfriend, the husband  had already been convicted in a widely publicized case of homicide in Sacramento (and was on appeal, he lost); the case then went to jury on issue on civil liability as to both husband and girlfriend.

Keeping in mind husband was already convicted of first degree murder, the jury decided that husband was only 60% at fault in the civil case. I represented the husband who was already in prison, (and had not represented him during the criminal trial in Sacramento, where he used a public defender...)

Civil cases typically have a lower burden of proof [than criminal case], so finding the husband only 60% and not 100% evidently meant, jury wanted to punish the girlfriend because they took 40% and assigned it-- NOT-- to the husband. This verdict was reported in Verdict Search, a national reporting source for large verdicts nationwide. Counsel representing the girlfriend was from insurance defense firm.

Currently, the former wife has not been able to collect much on the verdict [of millions] after paying fees/costs and it is anticipated she will not be able to collect in the future. Very interesting case, which also involved animals (pet dogs) owned by the husband/son. Son was stabbed when father went to check on condition of dogs; father claims son ran into the knife by lunging forward.

     
         In a very unusual scenario, attorney was substituted into a case with a client who did not reside locally;  a hearing on an issue Request for Order (presumed to be law and motion).... was set for a date only several days away, at which time attorney believed the hearing could be continued. It seems the hearing was in fact --- a trial (according to Judge) -- and the client was not present and Judge did not want to continue the case.  Attorney went forward on the issue, with no witness or client.

                                                                                                                         
         

Using only cross examination, with 4 witnesses, 

Attorney actually
won the trial--much to surprise of  witnesses present
 and including opposing counsel, who was obviously shocked..........


         
   This is rather uncommon, but imagine how your case might work out if attorney can do this, without even having a client or a witness?

Attorney thinks it's fair to say, you would be in fairly good hands. Especially if other attorneys have failed in the past on your case.

Note: All of these scenarios are actual cases but by no means are such outcomes considered standard. Each case has different facts and various laws which will apply; each case can vary tremendously, and attorney is not representing that such outcomes are common. However, attorney does have a very high percent of cases that prevail, settle or result in what the client wanted.

Sunday, March 8, 2020

Do You Want to Win Your Case? Should You Hire a Litigator? Do You Care?

What Type of Attorney Do You Really Need? Do You Want to Win? You Don't Care?

Do you have a case where you want to win, or need to win your case?
Do you have the winning facts?  Do you know what law would or would not support your position? Do you want or need an actual litigator for your case?

Hiring an actual advocate (attorney litigator) is not the same as hiring:

(1) Collaborative law attorneys, --- OR...

(2)... a  "Mediator" which works with BOTH parties.   Also, mediating* a case with only one attorney means ...The "mediator" helps people talk the issues through, supposedly helping to "settle" the dispute themselves. In this attorney's opinion, it would not be recommended in most cases, because typically the overbearing spouse simply bulldozes the other spouse.

*[Mediation for visitation is not the same thing as mediation of an entire divorce case. Mediation for visitation/custody is required by law in CA when there is no agreement.]

There are many pitfalls that can arise in divorce; many of them involve financial transactions that one spouse had no knowledge of; assets that one spouse did not know about; children that were conceived outside the marriage and spouse never knew other spouse was paying; secret business dealings that was predicated on all cash; illegal actions by one spouse implicating the other spouse who had no knowledge; large debts racked up by one spouse, without the other spouse even knowing such debt existed; one spouse signing the other spouse's name for a credit card, then ruining the other spouse's credit.... NONE of these things, in this attorney's opinion, should be addressed in either mediation or collaborative law scenario.
         IF in fact, such secret dealings had already taken place, and both parties agreed to use one Mediator, and both parties executed an MSA (marital settlement) and went on their merry way-- if it was determined that fraud had taken place and the party who got taken for a ride wanted to then set aside that judgment-- you are looking at paying yet another attorney to UN-DO the judgment or possibly file an appeal, or there could be other options.

       But basically, there's a limit to how long you can wait to un-do or set aside almost anything---therefore, it's very dangerous when time limits may come into play,  for how much time you have to set almost anything aside??  It's possible it could be too late, in which case, you would really need a litigator for sure. In some instances, common law may have to be used (I do not have the time to explain that part, but if you hire a litigator who has done set aside cases, they will know what I am talking about..)
             
 Plus, there are huge time barriers to trying to set aside any of this!
==========================================================
What is one very concerning issue, monetarily--is the rise of secret bitcoin holdings. If you don't know what bitcoin is, please look it up online!!
==========================================================

If in fact, it is completely unknown to one spouse that the other spouse has a trove of bitcoin, and no one else knows about it, but then somehow the spouse who doesn't know later finds out years later, and it's half a million bucks--- what is the spouse who just found out,  going to do?  Failure to disclose is breaking the law.  That's just one example!!

----->Especially if you have issues in the 3 lines below, which happened BEFORE the case finalized---- you should never hire anyone except an advocate litigator. Aggressive at that.THERE ARE HUGE TIME BARRIERS TO FILING by statutory law, so don't assume anything!

Actual Fraud, Duress, Mental Incapacity
Mistake (as to stipulated or Uncontested judgments); Coercion,Perjury
Failure to Exchange Declarations-Disclosure documents (Assets Debts)-or-
  when exchanged, i.e.--have false, misleading or improper numbers, values, dates..
[While all of this can be looked up, it is best to consult a litigator and show the attorney
the document/evidence in question, because this is not a guessing game!]

We live in a society where people often want what they want, and when clients hire attorneys to get something done, especially in family law, it's often because one SIDE tried to take advantage of the other side.

HOWEVER, the vast majority of most divorces and break ups, are because the couple cannot agree on a lot of things, including (just an example....) post judgment orders.........

How to raise the kids-- too lenient?  too strict?
How to spend income from employment or inheritance
How to avoid too much tv, too much bad influence, too much Facebook?
Your spouse is secretly funneling community funds and hiding it?
Your spouse is bipolar, alcoholic, addicted to opiates, and can't be controlled?

Of all the problems attorney has seen over several decades, the problems around children tend to generate the worst issues, followed by physical harm, financial issues, and alcohol or drug use.

And remarkably, attorney has seen clients REFUSE to take what he/she is entitled to, and then SETTLE a case by using an attorney who is or was a mediator, --- in other words, the attorney is not acting as a litigator for the client?

If you are entitled to something, why would you pay someone to settle a case when you could have settled it without help????   Collaborative law and mediation means if you don't settle the case using whomever you hired, those attorneys cannot represent you in court anyway.

You THEN have to hire new attorneys!!

While mediation and collaborative may be good for some cases (which means you are settling case by paying people to settle it without court)-- it is essentially negotiation. Judges are not involved. If you work something out and then don't like it later--- what you have -- is a problem.

              Some of the down sides of  collaborative law (which includes hiring people like accountants and other experts) and which makes it costly:

The Expense; Impact of termination and cost of new counsel; No advocacy for one or both parties; directed conversation between parties, power imbalances, difficult issues might remain secret (such as domestic violence, addictions, drugs, gambling, infidelities,etc.); Possible inadequate information collection, potentially less support for views of children. Much money is made by collaborative attorneys simply because collaborative cases and their private agreements, do NOT

Basically, in mediation there is no advocate for YOU.
In collaborative law, BOTH sides work on issues, but NO ONE is an advocate for YOUR side.
The collaborative view is to work out issues, not really take sides as an advocate----a true advocate is there to represent YOU, not the spouse.

This is part of the reason that most people in a divorce WANT an advocate, and need a litigator --- because they are being taken advantage of, steamrolled, or being misled or manipulated. Whether it's in the financial area, support area, children, or even moral fortitude.....

You don't have to believe attorney, look at one of my other sites for example, where it is stated in plain English, by the actual mediator--  that making the decisions with a mediator is not the fault of the mediator, and the mediator is quoted... (he is quoted verbatim, as this was published on the mediator's site..)

  "The role of the mediator is to assist the participants reach an agreement. 
 It is not the mediator's role to give legal advice or to assure
 that the agreement is fair or equitable to either party.  
There may well be unintended consequences resulting in one or more
 of the participants suffering "buyers remorse", but they made the decision
  to accept the terms  and entered into the agreement, not the mediator..."

 Note--again, the "mediation" we are speaking of, is NOT the family law mediation process that the COURTS do, for contested custody.
       Private mediation means both parties choose to use one mediator to arrive at some agreement, and because a mediator does not dispense legal advice the way a legal advocate would do--as in actual litigation--where each party is represented by their own separate attorney-- the "mediator" himself or herself--- is only assisting both parties to REACH an agreement.

Carefully NOTE-- the mediator does not need to assure either party that the agreement is fair or equitable to either party.   LOL-- that's fine if you don't care what you are getting, or you don't know your rights and you don't care about about that either??

       Unfortunately---if you do this and then realize you lost out on something because you did NOT know your rights at all---then guess what??? You are in trouble, most likely!!!!

Wednesday, March 4, 2020

Fairfield Family Law Attorney C. Chan 707 242 1855


Fairfield Family Law Attorney C.Chan, Esq. ... Our paralegal services, under attorney supervision. (707) 242-1855. image2. Set Court Date or Attend Court.
Welcome visitors .. Find out more. Copyright © 2020 Fairfield Family Law Attorney C.Chan, Esq. - All Rights Reserved. Powered by GoDaddy Website Builder.


Attorney Chan will be accepting new family law clients in the Solano Court ... FAMILY LAW ATTORNEY SOLANO COUNTY C. CHAN (fairfield / vacaville).

Saturday, February 29, 2020

Starting at $795 for Mediation Issues, Call Today!

Attorney does family law cases with  Limited Scope Services, or full services.
In addition, we  also have a Paralegal Service (Maverick Paralegal Services) so we can utilize this to help save you money. Limited scope services means that attorney may only do some of the issues, but not all of the issues; for example, only the custody issues, but not the settlement or hearings on the personal property or residence.

Many of attorney's former clients won their cases involving contested visitation due to the structured help attorney gave them, specifically for mediation,  which is typically different than what most attorneys usually do. Because attorney has a social work background, and heavy emphasis on defending clients, attorney is able to better prepare many clients for the reality of what the courts actually do in custody issues. Attorney has diligently prepared many clients for mediation which resulted in those clients usually obtaining 50-50, or our party obtained custody and the other party got supervised visits, or our party got full physical and legal custody.

Many clients have gone into mediation completely unprepared. In a recent case, our client (the husband) -- had a Domestic violence TRO against him filed by wife. That was later stipulated to only be a non negative conduct agreement by his former attorney.   In meantime, the court had given the wife FULL LEGAL AND PHYSICAL CUSTODY.

We were fortunate that attorney's client was very prepared, and that the medical records were obtained from CPS and the child's medical providers and given to the mediator;

the  Mediation report for the case indicated (1) full legal and physical custody 
to the FATHER
(2) Psych evaluation for the mother,
 and Mother got no legal or physical custody; she received supervised visitation.



This is a highly unusual case, undoubtedly. But even though many cases are somewhat difficult, the mediator does not know you, or the case, so any documents that are already in the case could either help or harm your case.
Part of attorney's job is to use anything helpful for the client, and to defend properly against anything harmful, whether the harm was unintentional, intentional, or otherwise.  For example: some parents fail to show up to court and then lose the hearing, right? So if that was you, and you did not have a say in court because you were not there, most mediators will want to know why you were not there...These types of issues are not legal issues obviously.  But to make a favorable presentation for mediation, the entire case has to be gone over with a fine tooth comb to look for all good facts and bad; then, attorney has to evaluate how this could help-, harm, or otherwise affect your case. Most clients have no idea what mediation is about, or what will happen when they get there. No one is allowed in mediation but the parents, and if there is a DV TRO--then the parties will usually have separate interviews.

Attorney has handled many Domestic Violence TRO cases, and contested custody issues and hearings.  Most of attorney's cases were not settled prior (before attorney got the case) thus attorney has to know all elements of every case if attorney is to either win or prevail; if the case cannot be won or we cannot likely get a result, attorney will give her opinion ahead of time, that she does or doesn't believe one way or the other. Opinions from attorneys that have done family law more than 20 years are usually on track, due to having seen so many bad or difficult cases. As attorney herein also has done criminal law cases and bankruptcy, this can be of some benefit in certain cases. Most family law attorneys do not know much about criminal law. To see attorney's other site from Butte County, go to


Especially if you are a parent that formerly had a DV TRO against you, but it was not re-upped by the other party, those parents have a better chance with time share than if the DV had been reinstated.

If you have a difficult family law case, call attorney today. Attorney's reputation in defense work is that attorney is often not well-liked by the other party because attorney does not take abuse from people, especially the ex-spouses LOL.