Steven Peter Small
Steven Peter Small
2509 Santa Clara Avenue
Alameda, CA 94501
Map
Phone: (510) 865-2038 | Fax: (510) 217-6220
Alameda County Wills,Trusts & Estates Lawyer
Legal Topic
Estate Planning
Preferred New Clients
I work best with clients who want to understand what they are doing when they create an estate plan. My clients are pleased with my ability to make complex and abstract principles simple enough for them to understand and to feel confident in what they are doing. My clients meet directly with me -- I am not finished until I know they understand what they are doing. I find many families put off estate planning because they can't agree on what to do. The skills I have learned doing over 2,000 divorce mediations are sometimes very helpful for parties with multiple families.
Sub-Topics
Asset Protection
Banking & Loans
- Credit Unions
- Savings & Thrifts
Business Succession Planning
Charitable Giving
Gay, Lesbian, Bisexual, Transsexual, Transgender (LGBT) Rights
Guardianship
Insurance Law
- Annuities
- Auto Accident & Property Claims
- Bad Faith
- Health Insurance
- Life Insurance
- Property & Casualty
Living Wills
Nolo Document Review
Power of Attorney
Probate & Estate Administration
Securities & Investments
- Shareholder Disputes
- State Blue Sky Laws
Tax Law
- Audit Defense
- Estate Taxes & Gift Taxes
- Income Taxes
- IRS Disputes
- IRS Filing & Compliance
- Negotiating IRS Payments & Settlements
- Payroll Taxes
- Power of Attorney
- Property Taxes
- Sales Taxes & Use Taxes
- Tax Evasion Defense
- Tax Planning
Trusts
- Charitable Trusts
- Living Trusts
- Revocable Trust & Irrevocable Trusts
- Special Needs Trusts
- Supplemental Needs Trusts
Wills
Bar Admissions
CA, Jan 1967
Bar Number: 39869
Specialty Certifications
Certified Family Law Specialist (by the California State Bar Board of Legal Specialization).
Other Court Admissions
• Supreme Court of the State of California
• Admitted to practice in the California Federal Southern, Central and Northern District Courts
Association Memberships
Member, State Bar of California.
Continuing Education
I fulfill the continuing legal education requirements of the California State Bar as well as the annual continuing legal education requirements for a Certified Family Law Specialist.
Example Cases
In one protracted trust litigation, I represented a beneficiary who was excluded from the estate by an angry daughter. I was successful at the trial level, and also prevailed in the appeal regarding federal taxation issues. My client ended up with the house she was promised when for a long time it looked like she was getting nothing.
In another matter I drafted a trust that was objected to by the decedent's son. Other counsel did the trial and lost. I appealed and the trial court was reversed. The Appellate Court stated in its decision: "In concluding that the finding of undue influence was not supported by the evidence, we note that the testator's attorney, Steven Small, handled the matter in an entirely professional manner." Since Appellate Courts seldom mention attorney's names, I have always been proud of this recognition.
I have been a Certified Family Law Specialist since 1984. There are approximately 1,000 lawyers who are Certified Family Law Specialists out of approximately 120,000 practicing lawyers in California. For more information on what a Certified Specialist means, follow this link: http://ls.calbar.ca.gov/.
Education
Loyola Law School
Juris Doctorate
Los Angeles
CA
1966
Top Ten Percent
I graduated law school at age 23 and passed the California Bar exam the first time I took it.
Number of Attorneys
1
State Licensed In
California
Firm Focus and History
My focus is to meet or exceed each client's expectations in a manner that also keeps fees reasonable. I want to leave each client with the feeling they have been treated in a professional, but human manner. In the 43 years I have practiced law I have acquired the skills needed to help clients make the decisions required to resolve their seemingly uncharted and confusing problems. I believe in completing my work sooner rather than later; for example, the typical trust usually takes two weeks from the intake to signing the final documents and the typical marriage dissolution mediation takes three to four weeks to complete.
When I started practicing law in 1967, I did mostly commercial litigation, but I never felt really comfortable or satisfied. In 1977, I volunteered at the Los Angeles Free Clinic and discovered that I was a better counselor than a litigator. In 1980, after I moved to Alameda, my wife and I opened the Alameda Evening Law Clinic in a storefront 7.5 feet wide. I moved to my present office in 1994. When you come in the office, I am the first person you meet.
Previous Employment Summary
I have practiced law as a sole practitioner since I was admitted to the California State Bar in 1967.
Activities and Awards
I have volunteered as a mediator in the Family Law Department of the Alameda Superior Court for two years, 1996 to 1998.
What is your opinion regarding clients educating themselves on legal issues?
I believe a client owes it to themselves to learn and understand what they are doing. I believe an attorney should assist this, not create a dependency. I am comfortable assisting clients with the parts of their cases in which they absolutely need legal assistance. I have been doing this for over 30 years -- it is now called "unbundling."
Are you willing to review documents prepared by clients?
I am very willing to assist clients by reviewing their documents. I believe it is the most efficient and practical use of an attorney.
Are you willing to coach clients who want to represent themselves?
I am quite willing to assist clients in their self representation. In the past I have prepared documents for self-represented clients and have advised them on the procedures and strategies needed to represent themselves.
Why did you decide to be a lawyer?
When I was at UCLA as an undergraduate, I took a battery of tests to help me choose a career. When I was presented with a chart that showed that my aptitudes most closely resembled teachers, I rejected the results because that was not what I wanted to do. I saw that the smallest line on the chart was regarding lawyers, meaning it was unlikely that I would end up being a lawyer. It was at that moment I decided to go to law school. Ironically, over the past 40 years I have learned the test results were fairly accurate: my strong suit is teaching clients, and I have never practiced law in the traditional manner -- preferring to operate in a street level storefront law clinic rather than joining a large firm or be in a tall building.
What work experience and education helps you be a better lawyer?
I believe that working as a lifeguard on Catalina Island while I was in law school taught me there was a right way and a wrong way to effect a rescue. You were taught to make sure that there was only one victim, and not two -- meaning that you considered all possible alternatives before you jumped in the water, and took all precautions to prevent the panic victim from drowning you. I also believe that raising four daughters has taught me the realities faced by real families.
I graduated law school at age 23 and passed the first California Bar exam the first time I took it. I have prepared over 1,000 trusts and have assisted over 100 families to distribute trust assets following the death of the trust principals. I have also been counsel in over 100 Probates of Estates.
Why did you decide on your primary area of practice?
I choose family law as my specialty because I believe the problems found there are best resolved in an office setting rather than in a courtroom. In estate planning, you are looking far into the future, trying to anticipate every contingency so a judge in the future will not have to fix what you missed. In mediating dissolutions of marriage, you are trying to find an agreement that will be fair to both parties and at the same time preserve the family. In both cases you are assisting a family to make their own decisions rather than having a stranger decide what is best for your family or what your actual intentions were. I believe it is far healthier to pull a family together rather than take it apart -- healthier for the family as well as the attorney assisting them.
What do you like best about your career?
I have found a great deal of satisfaction in being able to sit with clients, no matter what the problem is, and find a solution that works for them. I like it when an old client walks in to my office and thanks me for what I have done, or better still, thinks highly enough of me to recommend me to their friends or family.
Tell us about your law firm:
I have two employees. Betsy works in the mornings doing mostly bookkeeping and she has been with me since 1990. Kimberly is my experienced paralegal with the friendliest disposition I have ever encountered. My clients love dealing with her and I appreciate the high level of experience and knowledge in estate planning and estate administration she brings to the table.
What are your strengths and style?
I am an extremely talented listener and I get feedback from many clients commenting that they finally understand the larger picture surrounding their actions. If you can't diagram the most complex problem on one page, you don't understand the problem. I believe in delivering what a client needs and no more -- it is so easy to perpetuate a problem -- it takes skill and experience to resolve it quickly and painlessly. I am comfortable in sharing my life experiences and my mistakes with my clients rather than picking at their scabs. None of us are perfect -- everyone has their own battle to win.
Personal Interests:
My greatest passion is photography which I have done since I was 12 years old. I love to snow ski and to walk around Paris taking pictures. I greatly enjoy watching my four daughters and two grandchildren growing up.
Office Manager/Assistant
Kimberly Olwin-Zhao.
Fax
(510) 217-6220
Office Hours
Monday through Friday
10:00 a.m. - 6:00 p.m.
Emergency After Hours
Yes
Fixed-Price Services and Fees
Most of the estate planning work I do is on a fixed price basis. The average trust, including a Pour Over Will and Durable Powers of Attorney, requires three hours of attorney time at $350 per hour. I charge $125 to prepare and record a deed transferring your home into the trust. The average trust with one house costs $1,175.
Hourly Rates
I charge $350 per hour.
Free Initial Consultation?
I do not offer free initial consultations. If your matter warrants it and it there is a prior agreement, I have been known to waive fees for the initial consultation.
Typical Retainer
I usually get paid for my work at the conclusion of my services. For litigation matters, my retainer is usually $2,500.
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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.
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