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Timothy D. Martin

Timothy D. Martin

The Martin Family Law Firm
1700 South El Camino Real
Suite 502
San Mateo, CA 94402
Map

Phone: (650) 340-1166  |  Fax: (650) 638-9460
http://www.martinfamilylawfirm.com

http://www.divorcesanmateo.com

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Offering Mediation & Collaboration Instead of Court

Legal Topic

Family Law

Preferred New Clients

I began practicing in family law when the only available option to clients was litigation. I soon realized that this adversarial process is not best suited to family law disputes: the cost of "success" can and often does far outweigh the achieved benefits. While I still occasionally represent clients in litigated matters (where I do all I can to use my mediator skills), I prefer to work with a couple in Collaborative Practice or in mediation.

Sub-Topics

Children

  • Adoption
  • Child Custody
  • Child Support
  • Visitation

Couples

  • Civil Unions
  • Common Law Marriage
  • Domestic Partnerships
  • Gay, Lesbian, Bisexual, Transsexual, Transgender Rights
  • Living Together/Cohabitation
  • Marriage
  • Power of Attorney
  • Prenuptial & Postnuptial Agreements

Mediation/Alternative Dispute Resolution (ADR)

Name Changes

Legal Topic

Divorce

Preferred New Clients

Those who face a family law matter quickly realize that divorce is emotionally challenging, and can even be paralyzing. When working with clients who are getting a divorce, I prefer to work in the framework of ADR (Alternate Dispute Resolution) rather than in the adversarial process that is the accepted norm. Using non-adversarial processes, such as mediation and Collaborative Practice, I help each party to the divorce or related dispute assess the problems they face, and to make the best decisions they can, for themselves and their children.

Sub-Topics

Alimony/Palimony/Spousal Support

Annulment

Bar Admissions

CA, Jun 1978
Bar Number: 80374

Specialty Certifications

Certified Specialist in Family Law, State Bar of California, Board of Legal Specialization

Other Court Admissions

All California State Courts
All Federal Courts in Northern California

Association Memberships

Member, California Bar Association
Member and Past President, San Mateo County Bar Association

Continuing Education

As a California State Bar Certified Specialist in Family Law, I routinely complete more than 40 hours per year in continuing legal education classes. As a long standing member of several mediation and collaborative practice groups, I also complete more than 25 hours per year in classes focused on those specialties.

Papers and Publications

I am the sole author of several articles that have been published for other professionals, particularly attorneys. I am also the co-author of articles on Collaborative Practice. For a complete list of my published articles, please visit my website.

Example Cases

While privacy concerns prevent me from listing any specific information about my clients, I am pleased to observe that I have frequently represented highly placed executives and professionals with large incomes and large net estates. I have assisted parents with unique concerns and issues.

These cases often involve complex support issues, and cutting edge questions regarding stock grants, stock options, pensions and intellectual property.

I have also assisted those whose cases need a guiding hand to conclude their matter without making their family relations any worse.

Education 

School:

Hastings College of the Law

Degree:

J.D.

City:

San Francisco

State:

CA

Year:

1977

Focus and Accomplishments:

Law

 

School:

Occidental College

Degree:

B.A.

City:

Los Angeles

State:

CA

Year:

1973

Honors:

Departmental Honors

Focus and Accomplishments:

American Studies

Number of Attorneys

1

State Licensed In

California

Firm Focus and History

Initially a litigator, I have moved away from litigated cases and have increasingly moved to serving as a mediator. In the past several years, I have also embraced collaboration for resolving family law issues. As a result of my longstanding focus on ADR (Alternative Dispute Resolution), I was instrumental in 1996 in developing the ADR program for family law cases that was initially run by the San Mateo County Bar Association. That program is now run by the MAP program at the courthouse. I am also a co-founder of the local (San Mateo County) Collaborative Law practice group.

Previous Employment Summary

I began practicing law over 25 years ago, focusing from the start on family law cases.

Activities and Awards

In 1991, I was honored to be elected by my peers to serve as President of the San Mateo County Bar Association. Prior to that, I had Chaired the Family Law Section, the Bench and Bar Section, and the ADR Section of the county bar. I have also served on the Client Relations, the Bench and Bar, the Bench/Bar/Media, Community Affairs, Medical/Legal and Membership Committees.

On the state level, I have served as a delegate to the CA State Bar Convention. I have also been a member of the Family Law Section for over 25 years, and for over 20 years have served on the section?s Committee on Financial Issues. This Committee reviews and drafts proposed legislation on behalf of the Section?s Executive Committee.

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

In both mediation and Collaborative Practice, one of my key tasks is to educate the participants, about the law, about their choices and options, and about the benefits and drawbacks of the choices before them. I tell them about the law applicable to their case, how that law evolved, and where it might be headed; I share with them my knowledge of specific cases that have fleshed out what the law is in any given area of family law. I also help each party uncover the facts, and I help them see when they have an agreement on a factual dispute.

I also help the parties to a divorce educate themselves so that they are fully informed in their decision making process.

Are you willing to review documents prepared by clients?

Not only do I review them, I give new clients a packet with several forms for them to fill out. These forms help those clients gather the factual data and information they need about their assets, their income and expenses and, generally, these forms help us evaluate the documents that clients have drafted and to find and refine solutions for the case at hand.

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

In both mediation and Collaborative Practice, the parties are shown in all court records as representing themselves. In those processes, my primary roles are to educate the parties and to facilitate the process of finding agreed and shared solutions to problems they face. While there is often conflict, the goal of those processes is to minimize that conflict and to find resolutions. Since my practice is increasingly focused on non-adversarial processes, I find that I find that I am reluctant to coach people who want to engage in litigation. They are better served by using alternatives to the litigation process.

Why did you decide to be a lawyer?

The practice of law, particularly family law, offers a wide variety of opportunities to help folks.

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

There is tremendous value in the cumulative experience of being a family law specialist, and in having been a family law attorney for thirty years. In resisting the routine use of litigation to resolve family law matters and turning instead to non-adversarial processes, I have been able to bring a more humane, sympathetic and creative approach to what is today an increasingly familiar situation.

Why did you decide on your primary area of practice?

Mediation and Collaborative Practice both allow me to offer those who are experiencing the pain of divorce an opportunity to engage in a confidential and non-adversarial process in order to discuss and resolve the issues they face.

What do you like best about your career?

Family Law presents unique and varied cases and situations and allows me to suggest creative solutions to a variety of problems.

Tell us about your law firm:

I am a solo practitioner sharing office space with several other attorneys.

What are your strengths and style?

I enjoy solving puzzles. By engaging in mediation and collaborative practice in the family law area, I can unleash my creativity and problem solving skills.

In mediation, I tend to be more facilitative than directive.

Personal Interests:

I am an accomplished pianist (classical) and avid sports fan and participant.

Fax

(650) 638-9460

Office Hours

Monday through Friday
9:00 a.m. to 5:00 p.m.

Emergency After Hours

No

Foreign Languages

None

Fixed-Price Services and Fees

In both mediation and collaboration, there is a written agreement spelling out all charges.

Hourly Rates

I find my rate to be very competitive with my peers: I do not charge as much as those who charge the highest rates, and I charge slightly more than the lowest rates on the Peninsula. If parties are in mediation, they are each benefitting from my experience, and could conclude that they are paying half-price, since my hourly rate is the same for the two of them together as it is in cases where I represent only one party.

Free Initial Consultation?

I like to speak with prospective clients before they schedule any appointment with me. I do not charge for these telephone conferences.

Typical Retainer

Retainers are not required in mediation; retainers in collaborative practice vary with the case.

Understanding Fees

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