Read Our Blog Written By Our Team Of Experienced Attorneys

Blog

4 questions to ask before hiring a mediator

March 8, 2016/in Family Law /by Riley Pennington

Mediation can be very helpful for spouses going through a divorce. Ensuring a successful mediation requires choosing the right mediator. Before deciding to work with a mediator, parties may consider speaking to those who have worked with him or her in the past. Below are a few suggested questions to ask those who have worked with the mediator:

1.Did the mediator develop a relationship of trust and confidence with you?

2.Was the mediator patient yet tenacious?

3. Would you hire this mediator again?

4.Was the mediator creative?

Sometimes our issues don’t have an easy solution. For example, deciding a custody holiday schedule or deciding who will keep the marital home, can make it difficult to reach an agreement. Hire a mediator that you know is prepared to deal with these complex issues.

While divorce mediation works in many situations, it is not always appropriate. Litigation is often the best option in situations where there is domestic violence, one party refuses to cooperate in making required disclosures, or communication between the parties is impossible. If you have any questions about divorce mediation and would like to speak to an attorney, please contact Lonich Patton Erlich Policastri for further information. Keep in mind that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Source:

Mediation Checklist: What to Know When Hiring Mediators

“Even his opponent called him an ‘excellent family lawyer'”- AVVO reviewer

March 7, 2016/in Firm News /by Lonich Patton Ehrlich Policastri

Mitchell Ehrlich is a partner and certified family law specialist at Lonich Patton Erlich Policastri. He practices exclusively in the firm’s family law practice handling a wide variety of complex family law issues.

Mitchell is very aware of the fact that he practices in a field in which, quite often, his clients and their children are in the midst of an emotionally stressful and financially difficult situation, where their futures seem uncertain and making decisions can be difficult. Accordingly, he endeavors to offer his clients his valuable experience, counsel and advice in not only the many complicated legal issues they face, but also the short term and long term impacts of their decisions on their families.

One AVVO reviewer stated the following: “If you are looking for an elite, top of the class family lawyer, try Mitchell Ehrlich in Lonich Patton Erlich Policastri San Jose. My husband hired one of the most aggressive law firms and kidnapped our daughter to start a divorce. Most lawyers didn’t want to deal w/ that notoriously aggressive law firm. Mitch was not intimidated by them at all . . . I’m forever grateful for Mitch getting the justice done. Mitch seems to also have a strong network in the legal community in Santa Clara County and is familiar w/ other lawyers and judges. He is well known for his knowledge in family law and even his opponent called him an “excellent family lawyer.”

If you have any questions about divorce or any other issue, the Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Erlich Policastri for further information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

http://www.avvo.com/attorneys/95126-ca-mitchell-ehrlich-39856/reviews.html

3 requirements for a successful mediation

March 7, 2016/in Family Law /by David Patton

Mediation allows parties to work in a collaborative environment and reach an agreement satisfying to both sides. The enclosed article suggests mediation as a first step in solving problems and reaching voluntary agreements. Instead of using mediation as a last resort, the article recommends using it as the first step to work out solutions. In particular, using mediation, a less formal alternative than court, makes it less likely that parties will react defensively or overstate their claims. Although the article discusses mediation in a business context, the following three suggested requirements for a successful mediation also serve well in divorce mediation:

(1) a willingness on the part of all the relevant parties to work together to resolve the problem or deal with the situation;

(2) the availability of a trusted “neutral” with sufficient knowledge and skill to manage difficult conversations; and

(3) an agreement on procedural ground rules (i.e., confidentiality, timetable, agenda, good faith effort, etc.)

Source:

http://www.pon.harvard.edu/daily/mediation/mediation-as-problem-solving/?mqsc=W3827538&utm_source=WhatCountsEmail&utm_medium=PON%20Harvard+Neg%20Insider%20%28Tuesday/Thursday%29%20Standard%20Rule+Neg%20Insider%20%28Tuesday/Thursday%29%20Standard%20Rule&utm_campaign=Neg_WIR_02272016

Uncovering hidden assets during a divorce

February 29, 2016/in Family Law /by Mitchell Ehrlich

Divorces can get ugly. Someone who was once your world suddenly becomes your enemy. One area that can get especially messy is property division. One spouse may try to hide assets in hopes of preventing the other spouse from benefiting from them. Although such action can lead to legal consequences, some spouses, nonetheless, attempt to do so.

The first step should be to try to get the information from your spouse. In an ideal world your spouse will be upfront about all the assets. But if your spouse is uncooperative or you suspect your spouse is hiding assets, it is probably best to contact an attorney to guide you through this process. An attorney can assist you in obtaining financial information from your spouse by using the discovery process.

Some of the discovery tools include:

Document demand: Your attorney can ask your spouse to produce financial documents such as bank statements, tax returns, and recent pay stubs.

Interrogatories: This allows your attorney to ask specific questions to which your spouse will have to answer in writing or admit specific statements that you believe are true.

Inspection demands: This allows you to inspect property that you believe may be of value.

Deposition: During a deposition, your spouse will answer questions under oath. You, your spouse, attorneys and a court reporter will be present. Because this is under oath, your spouse may be penalized for “perjury” if it is discovered he has provided false information. Thus, a deposition is a great way to put some pressure on your spouse to tell the truth.

Perhaps the most powerful aspect of discovery is that if your spouse fails to comply with a request, you may ask the court to order your spouse to furnish financial documents. If your spouse still fails to produce the documents or information requested, the court may impose a “sanction” which can result in a judgment against your spouse on a particular issue or a monetary award for you.

Source: http://www.divorcenet.com/topics/hiding-money-and-assets-a-divorce

Spanking: proper punishment or child abuse?

February 25, 2016/in Family Law /by Riley Pennington

There comes a time for all parents when we must determine how to properly discipline our children. Not only must we choose a punishment that will work, but we must also be mindful of punishment that may be too harsh. In a recent case, the Department of Children and Family services initiated a case against a Los Angeles mother who spanked her children on the buttocks with her bare hand and with a sandal. The Juvenile court found that dependency jurisdiction existed stating that “hitting children with shoes is not a proper form of discipline, and it’s physical abuse.”’

The Court of Appeals, however, found that spanking is not a per se form of abuse. While this case is not an open invitation to spank your child, it does illustrate the court’s adherence to the long standing principle in California that parents have a right to “reasonably discipline his or her child.” But how do we know when our form of punishment is reasonable and not child abuse? The court noted three factors that must be taken into account by a court before making a finding of child abuse, based on spanking or any other form of discipline:

(1) Whether the parent’s conduct is genuinely disciplinary

(2) Whether the punishment is necessary (warranted by the circumstances); and

(3) Whether the amount of punishment was reasonable or excessive.

This standard allows for parents to reasonably discipline their children while protecting children from disguised abuse. Disciplining a child, may therefore be mere punishment or abuse, all depending on the circumstances.

If you have questions about the impact of child abuse allegations in your child custody matter, contact the Certified Family Law Specialists at Lonich Patton Erlich Policastri for further information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Source: http://blogs.findlaw.com/california_case_law/2015/11/spanking-is-not-child-abuse-court-rules.html

IN RE D.M., 242 Cal. App 4th 634 (2d Dist. 2015)

Free 30-Minute Family Law or Estate Planning Consultation

Full Name *

E-Mail *

Phone Number *

ZIP Code *

How would you like to be contacted? *

Message (summary of legal matter or reason for consultation) *

Which practice area are you interested in? *

Disclaimer: “I understand and agree that Lonich Patton Ehrlich Policastri will have no obligation to keep confidential the information I am now transmitting. By clicking “Accept & Submit,” I agree that Lonich Patton Ehrlich Policastri’s review of the information I am providing will not preclude the firm from representing another client, including one who is directly adverse to me. Additionally, I understand that this a free consultation only and that Lonich Patton Ehrlich Policastri are not my attorneys unless and until an Attorney/Client Agreement is signed and a retainer payment is submitted.” *

1 + 5 = ? Please prove that you are human by solving the equation *

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

MAKE A PAYMENT BY SCANNING THE QR CODE BELOW:

DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

About | Why LPEP | Contact | Blog | Data Breach Information