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Donald Roy Fraker
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Donald Roy Fraker
Fraker Law Firm, S.C.
1340 Towne Square Rd.
Mequon, WI 53092
Phone: (262) 241-5291 | Fax: (262) 241-8228
http://www.frakerlaw.com/
Professional Service and Personal Attention
Legal Topic
Family Law
Preferred New Clients
Information coming soon.
Sub-Categories
Family Law
- Mediation/Alternative Dispute Resolution (ADR)
- Restraining Orders
- Child Support
- Custody
Legal Topic
Divorce
Preferred New Clients
I prefer to handle cases involving divorces and other family law matters, including appeals.
Sub-Categories
Divorce
- Alimony/Palimony/Spousal Support
- Annulment
- Child Support
- Custody/Visitation Rights
- Delinquent Support Payments
- Division of Property
- Mediation/Alternative Dispute Resolution(ADR)
- Restraining Orders
- Uncontested Divorce
- Collaborative Law
Bar Admissions
WI, Jun 1980
Bar Number: 1009193
Other Court Admissions
Wisconsin, Ohio, Federal (Western District of Wisconsin, Eastern District of Wisconsin, Southern District of Ohio).
Association Memberships
Wisconsin, Milwaukee County, Ozaukee County.
Continuing Education
I attend continuing legal education seminars on Family Law, Litigation, Ethics, and other topics. I always exceed the required amount of continuing education hours.
Example Cases
• Kuper v. Kuper, 246 Wis. 2d 987, 632 N.W. 2d 123 (App. 2001) (unpublished) - decided that court is not required to honor a stipulation of the parties that violated the regulations of the IRS.
• Rehrauer v. City of Milwaukee, 2001 WI App.151, 246 Wis. 2d 863, 631 N.W. 2d 644 - held that city may not take away an employee's vested pension rights without the employee's specific written consent.
• Washington v. Washington, 2001 WI 47, 234 Wis. 2d 684, 611 N.W. 2d 261 - held that court has power to clarify terms of property division even after divorce is final.
• Fisher v. Transco Services, 979 F. 2d 1239 (7th Cir. 1992) - held that use of work rules which had disparate adverse impact on older workers could be found to be pretext for age discrimination.
• United States v. Conley, 942 F. 2d 1125 (7th Cir. 1991) - established that money and property transferred from older man to younger woman in course of a personal relationship between the two must be considered gifts and not taxable income to the recipient.
• Sommerfield v. Sommerfield, 154 Wis. 2d 840, 454 N.W. 2d 55 (App. 1990) - confirmed that small business owned by one spouse cannot be valued at $0 for purposes of division of property at divorce merely because that spouse is unwilling to sell, but must be valued as if willing seller were involved.
• Lins v. Smead, et. al., (Wis. App. 1987) (unpublished) - determined that subdivision's restrictive covenants on types of construction allowed could be enforced even though no enforcement committee had been functioning for several years beforehand.
• Waukesha State Bank v. Sindic, 44 B.R. 167 (E.D. Wis. 1984) - indicated that secured creditor could not lose security interest in bankrupt's assets simply because bankrupt had legally disposed of stock-in-trade.
• Day v. Good Samaritan Hospital, (Ohio App. 1983) (unpublished) - clarified that discharged employee could base wrongful discharge claim on promises implied from employee handbook.
Education
Degree:
B.S.S.
School:
Cornell College
City:
Mt. Vernon
State:
IA
Year:
1977
Honors:
Magna Cum Laude.
Degree:
B.S.S.
School:
Cornell College
City:
Mt. Vernon
State:
IA
Year:
1977
Honors:
Magna Cum Laude.
Number of Attorneys
1
State Licensed In
Wisconsin and Ohio
Firm Focus and History
Fraker Law Firm, S.C., was established in 1999, but it and its predecessor firm have been in the same eastside Mequon location since 1992. Conveniently located just off of Highway 43, equidistant between the Ozaukee County and Milwaukee County courthouses, where most of the cases it handles are located, the firm also does work in Sheboygan, Washington, and Waukesha Counties.
Fraker Law Firm, S.C., focuses primarily on divorce and other family law litigation, but also handles a wide range of civil litigation cases, such as those involving disputes over contracts, real estate, and business matters. The firm also handles appeals, pre-nuptial agreements, wills, contracts, and other matters.
Previous Employment Summary
I have been a lawyer since 1980. I worked for a small firm in Dayton, Ohio, for three years, then returned to southeast Wisconsin and worked for small firms in Wauwatosa, Waukesha, and Thiensville, before starting a Mequon-based practice with a partner in 1992. When we went our separate ways in 1999, I created my own firm and have been operating as a solo practitioner ever since.
What is your opinion regarding clients educating themselves on legal issues?
Since I believe that a thoroughly informed client can make better decisions, and help me more in serving his/her interests well, I always want my clients to be as well-versed as reasonably possible in what to expect as their cases move along. Thus, I go over with them what they might encounter in terms of procedure, issues (custody, placement, child support, asset/debt division, maintenance, and the like), scheduling, methods of resolving disputes, possible alternative solutions to problems, and costs. If a client also finds pertinent information elsewhere, my preference is to discuss such information with him/her in order to verify that it is accurate and complete.
Are you willing to review documents prepared by clients?
I'm certainly willing to review documents prepared by clients, especially outlines of their preferences, such as proposed child placement schedules or property divisions. When it comes to documents to be filed with the Court, however, it usually is preferable to have the final version prepared by counsel.
Are you willing to coach clients who want to represent themselves?
For prospective clients who are strapped for money to spend for attorney fees, I'm willing to serve as a behind-the-scenes consultant, sharing ideas with them and helping them to prepare documents, without appearing in court for them. I'm also available to consult with clients of other attorneys who would like to obtain second opinions. The time spent in providing such types of assistance usually is far less than would be spent in full-fledged representation, so the ultimate cost ends up being substantially lower.
Why did you decide to be a lawyer?
It may sound corny (yet, I'm originally from Iowa, so corny is okay), but there is a great deal of satisfaction to be had in helping people to deal with and overcome challenges which lie beyond the normal scope of their expertise. Just like a carpenter can take pride at a well-made shelf or table, a lawyer can be proud of a well-crafted document or a well-handled piece of litigation.
What work experience and education helps you be a better lawyer?
A divorce lawyer often has to deal with individuals who are overwhelmed with strong emotions, and should strive to do so in ways that will comfort those who are hurting and calm those who are angry. Growing up in a household where emotions were mostly kept in check didn't prepare me for such highs and lows, but the experience of dealing with my wife's family, where extreme emotional fluctuations were the order of the day, helped me to cope with such open feelings with understanding and supportiveness, yet without losing my ability to view (and to help my clients to view) situations objectively as well.
Why did you decide on your primary area of practice?
Once upon a time, I was a divorce lawyer by accident. Way back in 1984, I joined a firm to work in other areas of the law, but was drafted to take over the family law work soon thereafter, when the person previously handling those types of cases left the firm. Now I'm a family law practitioner by choice. Twenty plus years of experience helping people through very difficult moments in their lives has been, and continues to be, rewarding.
What do you like best about your career?
Other areas of law (e.g., high profile personal injury cases, corporate mergers and acquisitions) pay much better than family law does, but no other field offers the same, potentially gratifying, opportunity to assist in guiding a person gracefully through an intimately painful situation.
Tell us about your law firm:
All of my clients get me, just me, in person, to handle their matters and are not shunted off to an associate, or paralegal, or secretary. Thus, they directly receive the benefit of my 25+ years of experience to help them through all aspects of their cases.
What are your strengths and style?
• I'm personally involved throughout the case. I do not have associates or paralegals; so I myself handle each client's case from beginning to end rather than putting it off to someone else.
• I'm experienced. I've spent almost twenty-five of my twenty-eight years as a lawyer handling family law cases and am thoroughly informed about what procedures and issues will be encountered and how to deal with them.
• I'm a good listener and thorough note-taker. It's important to gather all of the vital information needed to understand each client's unique situation and goals.
• I'm a believer in an informed client. I try to make sure that my clients understand their options and the pros and cons of the various choices facing them.
• I'm a stickler for precision. In the documents that I prepare or review, I seek to be as exacting as possible in expressing the terms which my clients want.
• I'm reasonable. I'll tell a client when his/her position is not advisable and when compromise is more appropriate than fighting, whether for reasons of cost or otherwise. If there is a great deal of animosity between the parties, I believe that a client is better served by someone who contributes a voice of moderation than by someone who adds fuel to the fire and burns up all of the parties' financial resources in pointless battling.
• I'm willing to go to court when needed. Sometimes, despite making the best efforts to settle a case, a court fight becomes necessary. I'm experienced in handling contested hearings, trials, and appeals, and in effectively advocating for my clients' interests.
Personal Interests:
My wife and I love to read, travel, see shows, eat good meals, etc. I also indulge in a few activities for which she does not share my passion, such as golfing (poorly), bowling (badly), and playing (friendly) poker.
Fax
(262) 241-8228
Office Hours
Monday through Friday
8:30 a.m. to 5:30 p.m.
Other times are available by appointment.
Emergency After Hours
No
Fixed-Price Services and Fees
No, I do not have fixed-price services or fees.
Hourly Rates
$195 per hour.
Free Initial Consultation?
Yes, for initial divorce consultation, my charges begin after the first half hour if I'm retained by the perspective client.
Typical Retainer
Yes, my usual advance is $1,500, which can be paid in two installments (one up front and one 30 days later), if need be.
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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 applicable bar associations upon joining the directory.
Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any bar association.
