Expert Witness

Being retained as an expert witness in legal matters serves as an indication of the regard in which a lawyer’s expertise is considered by the legal community. Mr. Hartog has served as an expert witness in a variety of legal proceedings. He has testified as an expert at trial regarding professional negligence, as well as at trials concerning breaches of the standard of care applicable to trustees. Mr. Hartog has been retained as an expert in more than 200 cases, has been deposed more than 150 times, and has testified at more than 50 trials. His recognized expertise has made him a desired witness in a variety of cases concerning trusts and estates law in states beyond California, as well as in cases throughout the state.

Conservatorships

Most conservatorships start in a similar fashion. A concerned person notices that a friend, family member or neighbor appears to be having trouble with the basic requirements of daily living or has become subject to fraud or undue influence. The concerned person may have tried to intervene, only to be rebuffed. Or the concerned person may have been prevented from intervening by another person, a person with dubious motives. Eventually, the concerned person calls an attorney for advice. Usually, the attorney advises the concerned person about conservatorships.

A conservatorship is a court-supervised relationship between an incapacitated person and one who is appointed to look after that person’s needs. Conservators are appointed only after the court finds by clear and convincing evidence that the conservatee is unable to properly provide for his or her personal needs, to manage financial resources or to resist fraud or undue influence. Seeking a conservatorship can be expensive, time consuming and embarrassing to the troubled person, but sometimes nothing short of a conservatorship will do.

At Hartog, Baer, Zabronsky, we help clients explore alternatives to conservatorships and when no reasonable alternative can be found, we help clients obtain conservatorships. In some cases, we represent parties objecting to a conservatorship. We also represent both professional and non-professional conservators once a conservatorship has been established.

Mediation

Mediation is a neutral third-party assisted, voluntary process in which participants with conflicting interests attempt to reach a mutually acceptable agreement. Although mediation is sometimes mandated by the court system, the process remains voluntary in that the parties are not compelled to come to an agreement. The power to come to an agreement is solely held by the parties themselves. Mediation is the most common alternative dispute resolution process currently in use. Mediation offers benefits over traditional adjudication. It is usually faster and considerably less expensive than litigation. As a private proceeding mediation can offer significant benefits in a trust or estate dispute, because these conflicts often involve more than merely money.

David Baer and John Hartog are experienced mediators who are regularly called upon by their peers to serve as neutrals to assist in the resolution of trust and estate disputes