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Scott McMillan

Scott McMillan

The McMillan Law Firm APC
4670 Nebo Drive
Suite 200
La Mesa, CA 91941
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Phone: (619) 464-1500  |  Fax: (206) 600-5095
http://www.mcmillanlaw.us

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We Are A Results Oriented Law Firm

Legal Topic

Real Estate Law

Preferred New Clients

In real estate matters, we assist clients who are in the process of resolving boundary disputes, property line arguments, issues over easements, water rights, and nuisances caused by their neighbors.

Legal Topic

Criminal Defense

Preferred New Clients

Information coming soon.

Sub-Topics

Criminal Records

  • Expungement or Expunction

Legal Topic

Business Law

Preferred New Clients

I represent middle class people who wish to develop and defend their small businesses, resolve real estate issues, and resolve problems with their employers.

Sub-Topics

Business Litigation

Legal Topic

Employment Law

Preferred New Clients

Information coming soon.

Sub-Topics

Sexual Harassment

Wage & Hour Laws

Wrongful Termination

Bar Admissions

CA, Feb 2001
Bar Number: 212506

Specialty Certifications

None.

Other Court Admissions

All Courts in California.
United States District Court for the Central District of California.
United States District Court for the Southern District of California.
United States District Court for the Eastern District of California.
United States District Court for the Middle District of Florida (pro hac vice).
United States Court of Appeals for the Ninth Circuit.

Association Memberships

California Bar, License No. 212506
San Diego County Bar
Los Angeles County Bar

Continuing Education

I complete the necessary requirements and go above and beyond what is necessary.

Papers and Publications

Published Decisions:

RICHARD LYTWYN, Plaintiff and Appellant, v. FRY'S ELECTRONICS, INC., et al., Defendants and Respondents. Case No. D042401 COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, Lexis Cite: 2005 Cal. App. LEXIS 267, February 22, 2005, Order granting preliminary injunction reversed with directions.

Firm client Steve Thomas's anti-SLAPP motion against retail behemoth Fry's Electronics, Inc., must be resolved on its merits according to the United States Court of Appeals for the 9th Circuit.

Example Cases

Notable cases tried include:

Mancinelli v. Rustie's Unique Designs, Inc., California Superior Court for the County of San Diego, April through May 2004 (Jury and Court trial).

Western Pet Wholesalers, Inc., et al. v. Natura Pet Products, Inc., et al., and related cross actions. California Superior Court for the County of San Diego, March through June 2003 (Jury and Court trial).

Mendoza - Caballero, et al. v. Lee, et al., California Superior Court for the County of San Diego, July 2003 (Jury trial).

Simmons v. City of San Diego, et al.; California Superior Court for the County of San Diego, January, 2002 (Court trial).

Education 

School:

Western Sierra School of Law

Degree:

J.D.

City:

San Diego

State:

CA

Year:

1999

Focus and Accomplishments:

I was focused on general legal studies.

 

School:

University of California, San Diego

Degree:

Bachelor of Arts

City:

San Diego

State:

CA

Year:

1988

Focus and Accomplishments:

I majored in Mathematics.

Number of Attorneys

4

State Licensed In

California

Firm Focus and History

I have been a licensed California attorney since February of 2001. I am familiar with appellate practice, and entitled to practice in all California Court of Appeals as well as the United States Court of Appeals for the Ninth Circuit. I have successfully brought or responded to a number of appeals and petitions for extraordinary relief.

I have repeatedly demonstrated a willingness and ability to accept engagements involving complex litigation with rapidly evolving facts, scheduled for expedited resolution.

Previous Employment Summary

Prior to becoming an attorney, I operated a computer distribution business which I founded at the age of nineteen. While operating the computer business, I attended the University of California at San Diego and obtained a B.A. in Mathematics. I was later joined in the business by my father, James I. McMillan, and brother Shawn McMillan. Together, we operated the computer business for sixteen years. At the height of that company's success, the distribution business employed 29 employees and had a gross revenue of $9,000,000 per year. While operating the distribution business, I attended law school at night. After graduating, I took and passed the California bar exam on my first attempt.

Activities and Awards

Department of the Treasury, Customhouse Broker 12579

What is your opinion regarding clients educating themselves on legal issues?

We believe that an educated client is an effective client. When a client educates him or herself regarding the law surrounding their particular issue, it allows us as attorneys to focus on the presentation of the dispute rather than devoting time to explaining the intricacies of the particular law involved. An educated client generally is able to save a significant amount of money in fees and enhance the likelihood of success by assisting their attorney in the investigation and presentation of the case.

Are you willing to review documents prepared by clients?

Yes, I often find documents prepared by clients to be helpful to their case.

Are you willing to coach clients who want to represent themselves?

Yes. We presently coach clients and have "ghost written" papers for clients who are representing themselves.

Why did you decide to be a lawyer?

I became an attorney after recognizing the limited availability of attorneys who provide litigation services to small businesses and individuals.

What work experience and education helps you be a better lawyer?

Before becoming the founder of this Firm, I ran a successful computer distribution business from the age of nineteen. This invaluable experience in the business world is utilized in advising current clients. The decision to form the Firm was based on a perceived lack of talented and hardworking lawyers willing to assist small and mid-size businesses.

Why did you decide on your primary area of practice?

Small business owners are typically very interesting people to represent.

What do you like best about your career?

What I enjoy most is the opportunity to watch our clients change the world by our efforts.

Tell us about your law firm:

The Firm employs two very bright and dedicated associate attorneys that assist me in nearly every area of the practice. The Firm also has a small staff of talented law clerks that are invaluable to the Firm's litigation efforts. Firm office support staff maintains the day-to-day filings and operation of the group. Last, but not least, we greatly benefit from the wisdom and experience of Mr. Kalmanson, Of Counsel to the Firm.

What are your strengths and style?

Our practice offers creative solutions and cost-effective, result-oriented problem solving to clients. Because we value honesty in the litigation process and select our clients based on their ability to be candid and honest, we are able to deliver results that often exceed community expectations.

We avoid pretense, and focus on delivering legal services in a cost-effective, result-oriented manner. The Firm style is best described as tenacious and intense. We are principally a litigation Firm.

Personal Interests:

When I have free time, I enjoy spending it with my family. Also, I am an avid history and philosophy buff. The newest hobby I've acquired is salsa dancing, which I wholeheartedly enjoy with the passion and fervor of life itself.

Office Manager/Assistant

Ellen Camcross, Operations Clerk, and Darron Howard, Legal Assistant

Fax

(206) 600-5095

Office Hours

Our official office hours are Monday through Friday, 8:30am to 5:00pm, open during the lunch hour. An attorney can usually be reached at the office from 7am to 8pm Monday through Friday and 10:00am to 4:00pm on Saturday.

Emergency After Hours

Yes

Foreign Languages

Evan Kalooky and myself speak Spanish, Ellen Camcross speaks French, and Beth Obra speaks Ilocano.

Fixed-Price Services and Fees

The Firm does standard business incorporations for $977 with price increases based on complexity.

Hourly Rates

Rates vary depending on the type of claim the client presents and the type of fee arrangement the client seeks. The Firm will engage in contingency, and hourly and contingency fee work.

Free Initial Consultation?

The Firm offers initial free consultations after the prospective client completes a consultation screening.

Typical Retainer

The typical retainer charged by the firm is between $2,500 - $10,000. This amount varies depending on the client's specific situation.

Understanding Fees

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Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the state agency that licenses lawyers upon joining the directory.

Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any state licensing agency.