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Donald C. Kudler
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Donald C. Kudler
Cap & Kudler, Attorneys at Law
3202 W. Charleston Blvd.
Las Vegas, NV 89102
Phone: (702) 878-8778 | Fax: (702) 878-9350
http://www.capandkudler.com
http://www.vegaslitigator.com/blog
Straight Answers. Personal Attention. Caring Attorney.
Legal Topic
Business Law
Preferred New Clients
I prefer to handle business, personal injury cases and other non-personal injury cases.
Sub-Categories
Business Law
- Mediation/Alternative Dispute Resolution (ADR)
- Deceptive Trade Practices
- False Advertising
- Mergers, Acquisitions, & Divestitures
- RICO Act
- Unfair Competition
- Commercial Banks & Loans
- Commercial Leasing
- Credit Unions
- International Banking
- Mortgages & Foreclosures
- Savings & Thrifts
- State & Municipal Bonds & Financing
- Venture Capital
- Liquor Licenses
- Business Successions
- Buying & Selling
- Closely Held Businesses
- Corporations
- Directors' & Officers' Liability
- Franchising
- Joint Ventures
- Limited Liability Companies (LLCs)
- Mergers, Acquisitions & Divestitures
- Nonprofits & Tax-Exempt Corporations
- Partnerships
- Professional Corporations
- Public Offerings
- Shareholders' Rights
- Trade Associations
- Breach of Contract
- Contract Disputes
- Contract Drafting & Review
- Employment Contracts
- Franchises
- International Transactions
- Non-Compete Contracts
- Secured Transactions
- Uniform Commercial Code
- Warranties
- Commercial Construction Contracts
- Construction Disputes
- Dangerous Property
- Government Construction Contracts
- Mechanics' Liens
- Art
- Communication & Media
- Internet
- Music
- Sports
- Tourism, Travel, & Leisure
- Film
- Literary Arts
- Publishing
- Television
- Debarment
- Defense Contracts
- Defense Procurement
- Federal Contracts
- Government Construction Contracts
- State & Municipal Contracts
- Annuities
- Bad Faith
- Casualty Insurance
- Commercial Insurance
- Directors' & Officers' Liability
- Errors & Omissions
- Fidelity, Guarantee, & Surety
- Health Insurance
- Insurance Malpractice
- Insurance Subrogation
- Life Insurance
- Motor Vehicle Insurance
- Property Insurance
- Reinsurance
- Computer Crimes
- Computer Law
- Digital Signatures
- Domain Names
- Electronic Commerce
- Identity Theft
- Spam
- Business & Trade
- Customs
- Foreign Investment
- Imports & Exports
- International Arbitration
- International Banking
- Trade Regulation
- Consumer Class Actions
- Credit Report Problems
- Debt Collection/Relief/Harassment
- Foreclosures
- Frauds, Scams, Hoaxes
- Identity Theft
- Repossessions
- Student Loans
- Truth in Lending
Bar Admissions
NV, Oct 1993
Bar Number: 005041
Other Court Admissions
Admitted to practice in all State of Nevada Courts including State District Courts, Justice Courts, Municipal Courts and the Federal District Courts.
Please see our website for an explanation of the types of cases heard by the various courts in Clark County, Nevada.
Association Memberships
American Association for Justice, Nevada Justice Association, American Inns of Court, Clark County Bar Association, and Phi Alpha Delta Law Fraternity.
Continuing Education
I take classes in areas that interest me personally as well as professionally. Classes I have taken include: trial advocacy, personal injury issues, business issues, wills and trust issues, and entertainment law issues.
Example Cases
I review documents for clients to give them a legal interpretation of those documents and how they may be affected. I have done more than 50 jury trials, as well as a few bench trials (trials where the judge is the finder of fact as well as the finder of the law). Most of these have been personal injury cases, a few have been business and other, non-personal injury cases. Of course, it is often better for the client to avoid trials, as they are costly and involve a certain amount of uncontrolled risk. In order to do so, I try and resolve cases either before or during the litigation process. When available I try to employ alternative dispute resolution methods, such as arbitrations, mediations, and short trials. These have the benefit of reducing costs and risks to the client. Sometimes, the best way to avoid litigation is to make sure that documents are properly drafted, set forth all of the necessary elements, such as what to do in case of a breach of contract, and require an alternative form of dispute resolution. I am here to help my clients with those issues.
Education
Degree:
B.A.
School:
California State University
City:
Fullerton
State:
CA
Year:
1983
Focus and Accomplishments:
Business Administration with an emphasis in Management Information Systems
Degree:
J.D.
School:
University of California, Hastings College of the Law
City:
San Francisco
State:
CA
Year:
1993
Focus and Accomplishments:
I made appearances in three administrative hearings while I did a semester internship at the Neighborhood Justice Center in San Francisco. In addition to the required courses and the internship, I fill my yearly requirements with classes in taxation, trial advocacy, appellate advocacy, secured transactions, and wills and trusts.
Degree:
MBA
School:
California State University
City:
Fullerton
State:
CA
Year:
1983
Focus and Accomplishments:
Business Administration with an emphasis in Management Information Systems
Number of Attorneys
2
State Licensed In
Nevada
Firm Focus and History
Cap & Kudler was established in 2004 by Allen A. Cap, Esq. and Donald C. Kudler, Esq. after the two had worked together several years for Albert D. Massi.
Since starting Cap & Kudler, we have continued to work in the personal injury field. We have also broadened our practice to include transactional issues such as contract interpretation, counseling clients, and non-personal injury litigation involving individuals and businesses.
Previous Employment Summary
Legal Employment:
Albert D. Massi 11/94 - 4/04 as an associate in a firm practicing primarily personal injury.
Robert A. Massi 11/93 - 11/94 as an associate handling personal injury cases and various legal issues as a representative of Pre-Paid Legal Services
Activities and Awards
Cap & Kudler is an AV Rated firm. I am a Barrister in the American Inns of Court. I am a member of the American Association for Justice and Nevada Justice Association. I am currently a member of the Reunion Committee for the Hastings Class of 1993, 15 year reunion.
What is your opinion regarding clients educating themselves on legal issues?
Because we think our clients should be educated, my partner, Allen A. Cap, Esq., and I have started Blawgs (law blogs). Allen's Blawg can be found at http://vegaspersonalinjurylaw.blogspot.com and mine can be found at vegaslitigator.blogspot.com. We also include educational information on our website.
As far as self help goes, people should understand that it may not be current and that it may not be complete. I think it is a good idea for people, my clients included, to know the basics of law that might affect them. At the very least, they should understand some, if not all, of the issues that may arise out of various activities. I have done so in cases where I have helped clients, friends and family work in this and other countries. I have found that, whatever profession the other person I am dealing with is in, they respect my attempts to understand their field and their language. It also better prepares me to be precise and interact in a more meaningful manner.
Are you willing to review documents prepared by clients?
I am always happy to take a look at documents prepared by clients. I have seen many situations where individuals decided to prepare their own contracts or other documents that were insufficient for their intended use. This is all well and fine if nothing goes wrong or no one has any issues with the document or the interactions between the parties. But, where a problem with the document or the interactions arises, a poorly written contract or other legal document could cause more trouble than if it had not existed. I do expect to be paid for my time in reviewing documents for clients in need of my services.
Are you willing to coach clients who want to represent themselves?
This question is very difficult for me to answer. As the saying goes, "A man who represents himself has a fool for a client." That being said, there are times, mostly outside of the courtroom, where self representation makes sense and I am willing to give clients advice on how to handle a situation. These are typically situations where a cost benefit evaluation shows that it is not worth retaining an attorney. I have had occasions where clients have called with issues in small claims court and the amount that they would have to pay me to make an appearance in court is more than the case is worth. In those cases, I advise the client on what will be needed in the court case and how best to proceed.
Why did you decide to be a lawyer?
I chose to go back to law school because I did not feel I was completely utilizing my full capabilities in the computer field. My original intention was to work in transactional areas of law, such as contract negotiations and business deals. It turned out that I ended up being a litigator. I do enjoy the work of litigation, but also enjoy doing everything possible early on into a case to avoid litigation.
What work experience and education helps you be a better lawyer?
I think my history of working with people in sales and service, as well as my business education, helps me to understand the issues people face and how to talk with them on an appropriate level.
Why did you decide on your primary area of practice?
I just kind of fell into the personal injury area of law. Now, I am working more in the areas of business, transactional, and non-personal injury litigation by choice.
What do you like best about your career?
The best thing about my career is winning a case. This is defined, by me, as doing a good job for my clients. Sometimes "winning" is doing well in litigation by trial, mediation or arbitration. Other times, "winning" is negotiating the best deal for my client. Even still at other times "winning" is making sure that my client has all the protections that will benefit him or her in place in a contract.
Tell us about your law firm:
There are two attorneys in the firm, myself and Allen A. Cap. There are two secretaries. They each work for both of the attorneys. There is a receptionist to take the calls and direct them to the proper attorney or secretary. Clients talk to the secretaries for items such as scheduling or quick questions we may have. In some cases, statements may be taken by a paralegal. We have a book keeper to keep track of the retainer fees and to prepare distributions of proceeds from settlements or litigation. The attorneys talk to the clients about legal issues. The attorneys always prepare the clients for meetings and hearings. Both the attorneys and staff make every effort to call clients back within the day, as we understand how important their issues are to them. We keep our clients informed about the status of their cases.
What are your strengths and style?
I speak plainly. I do my best to make sure that the clients understand what is going on in their case or other issue and what will happen in the future. I do the same with the jury. The person they meet is the person the client meets. I believe that talking to the client and/or jury, as opposed to talking down to them, is the best way to communicate.
Personal Interests:
I like to spend time with my wife, Ondine Darcyl. We met online, fell in love and got married eight months later. We travel to Argentina to see her side of the family and to Los Angeles to see mine. We go to New York to spend time listening to jazz and seeing her friends who I have come to like and admire. We like to spend time at home with our dogs. We like to take weekend trips to see different areas. My taste in music varies from classical and jazz (thanks to my wife), to blues and hard rock. I like to go into the mountains to be away from the city every now and again. I like to snow ski, bike, and swim for exercise.
Office Manager/Assistant
None
Fax
(702) 878-9350
Office Hours
Monday through Friday
9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m.
Emergency After Hours
No
Foreign Languages
No
Fixed-Price Services and Fees
Our Personal Injury clients are represented on a contingency basis. They pay 33 1/3 percent of the gross recovery, plus costs, for cases that settle before the initiation of mediation, arbitration or lawsuit or 40% of the gross recovery, plus costs, for cases that settle after any form of litigation is initiated.
Hourly Rates
Our traffic citation clients pay a flat fee depending on the complexity of the case. The rest of our clients pay an hourly rate that varies dependent on the complexity of the case.
Free Initial Consultation?
We offer free consultations for personal injury cases for the time necessary to discuss the case with the clients, the issues involved in the case and any plan for representing them. Our fee for other clients starts at $200 for an initial consultation of up to an hour. Fees will be higher if there is a need for longer consultations and/or preparation time for more complex issues. Because we understand that our clients' time is as valuable to them as ours is to us, we may want time to review documents and the relevant prior to the consultation in order to conduct the consultation in a meaningful and efficient manner.
Typical Retainer
Retainers start at $2,000 and vary with the complexity of the case. In certain cases, flat fees, such as for traffic citations, will be less and be required to be paid up front.
Nolo's Licensing Check
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.
