Timothy D. Martin, Attorney at Law
The Westlake Building
520 S. El Camino Real
Suite 700
San Mateo, CA 94402
Phone: (650) 579-1100 | Fax: (650) 342-9560
http://www.tdmfamlaw.com
http://www.divorcesanmateo.com
Family Law
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.
Divorce
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.
CA, Jun 1978
Bar Number: 80374
Certified Specialist in Family Law, State Bar of California, Board of Legal Specialization
All California State Courts
All Federal Courts in Northern California
Member, California Bar Association
Member and Past President, San Mateo County Bar Association
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.
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.
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.
J.D.
Hastings College of the Law
San Francisco
CA
1977
Law
B.A.
Occidental College
Los Angeles
CA
1973
Departmental Honors
American Studies
1
California
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.
I began practicing law over 25 years ago, focusing from the start on family law cases.
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.
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.
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.
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.
The practice of law, particularly family law, offers a wide variety of opportunities to help folks.
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.
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.
Family Law presents unique and varied cases and situations and allows me to suggest creative solutions to a variety of problems.
I am a solo practitioner sharing office space with several other attorneys.
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.
I am an accomplished pianist (classical) and avid sports fan and participant.
None
(650) 342-9560
Monday through Friday
9:00 a.m. to 5:00 p.m.
No
None
In both mediation and collaboration, there is a written agreement spelling out all charges.
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.
I like to speak with prospective clients before they schedule any appointment with me. I do not charge for these telephone conferences.
Retainers are not required in mediation; retainers in collaborative practice vary with the case.
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