Family Law

I prefer to handle the following:

Dissolution; Separation; Custody and Parenting Time Modifications; Adoptions; Third-party and Grandparent disputes with Biological Parents; Domestic Partnership Agreements; Contempt and Enforcement Proceedings; Prenuptial Agreements.

• Mediation/Alternative Dispute Resolution (ADR)
• Name Changes
• Restraining Orders

• Adoptions
• Child Support
• Custody
• Paternity
• Visitation

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

• Grandparent Rights

Divorce

I prefer to handle the following:

Dissolution; Separation; Custody and Parenting Time Modifications; Adoptions; Third-party and Grandparent disputes with Biological Parents; Domestic Partnership Agreements; Contempt and Enforcement Proceedings; Prenuptial Agreements.

• 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

OR, Dec 1981
Bar Number: 814977

Oregon State Bar; United States District Court (Oregon); United States Court of Appeals (9th Circuit).

Oregon State Bar; Multnomah Bar Association; Oregon State Bar Family Law Section; Oregon Trial Lawyers' Association; National Lawyers Guild.

I teach continuing legal education seminars on family law and related topics. I attend continuing legal education seminars in family law, civil rights, and personal injury. I also exceed the required amount of continuing education hours.

• Stepparent Magazine: "Stepparent Rights After Troxel v. Granville: The Rise and Fall of the Best Interest of the Children Standard." To Be Published Spring 2004.
• Oregon State Bar, Family Law Conference, Conference Materials: Fall 2002; Fall 2003.
• Oregon State Bar Bulletin: "Oregon's Death Penalty." 11/96.
• The Oregonian: "Guns' Use Most Often Tragic." (Letters to the Editor). 7/2/94.
• Oregon State Bar Bulletin: "Three Strikes & We're All Out." 6/94.
• Oregon State Bar Family and Juvenile Law Newsletter: "Telephone Testimony - a Modest Proposal." 8/92.
• The Oregon Defense Attorney: "Oregon's Death Penalty: Past, Present and Future." 2/92 and 3/92.
• The Oregon Defense Attorney: "We're Number One." 2/92 and 3/92.
• The Oregon Defense Attorney: "We're Number One." 8/91 and 9/91.
• The Oregonian: "Foster Homes Available." (Letters to the Editor). 8/24/91.
• The Oregonian: "Revoke Exemption." (Letters to the Editor). 7/17/90.
• The Oregonian: "No Consensus." (Letters to the Editor). 3/23/88.
• Oregon Criminal Defense Lawyers Association Newsletter: "Improving Our Image." 11/87.
• The Oregonian: "Victims' Rights Initiative is for Prosecution, Not Victim." 6/11/86.
• The Oregonian: "Measure 10-Crime Victims' Rights: Its $7 Million Could Buy More." 10/21/85.
• The Oregonian: "Death Penalty Neither Equitable Nor Sane." 6/27/85.
• Stepfamily Advocate: "Stepparents and the Law." Spring 85.

In the case of Fellows v. Coombs (Multnomah County Circuit Court Case No. 9909-09837), two young children who were wards of the court were returned to the physical custody of a mildly mentally retarded mother and a violent and abusive father. Father was removed after committing further abuse against mother, and mother was left to cope with two young children, and then became pregnant with her third child. For over a year, the court had no notice of the developments of the case and five DHS caseworkers came and went, each of them mishandling the case. Ultimately, the mother killed her baby daughter in the presence of her young son. Associating with attorney Elden Rosenthal, we brought a civil rights and negligence suit against the Department of Human Services and the caseworkers involved, and as well against the children's attorney. The case was ultimately settled for $1.3 million dollars ($1 million against DHS), the highest recorded settlement against DHS. As part of the settlement, DHS agreed to (and has) radically reformed their policies in these types of cases. After the case, I drafted legislation exempting minor children from having to give a tort claims notice to the State, when the State is the custodian of the children, and such legislation was enacted. The case required a strong knowledge of the juvenile court system, social service system, civil rights, and negligence law. Notwithstanding the tragic circumstances of the case, the end result was a substantial fund set up for the surviving child, important changes to DHS' policies and a small but important change in Oregon's tort claims notice law.

In another recent case, I represented a maternal grandmother pro bono (without charge). Her daughter had been killed in a drive-by shooting. The father of three of the grandchildren was blinded. I helped grandmother obtain custody of all four of her grandchildren, including prevailing over the objections of one of the birth father's who had alienated his son.

3

Oregon

I opened the firm in 1987 with two former public defenders. The firm has evolved over time and currently consists of the principal attorney (Me) and two associates (Eric Woodard and Clark Deichler).

Our firm heavily concentrates on family law with a sub-concentration on grandparent/third-party custody and visitation rights. The civil practice focuses on civil rights (lawsuits against State and public entities), legal malpractice and employment discrimination. Of the state court practice, about 60% of the cases are in Multnomah County; 20% in Washington and Clackamas Counties. Our federal practice includes civil rights cases on behalf of children and injured parties (diversity jurisdiction). I regularly serve as an arbitrator for Multnomah County Circuit Court. I am a sole proprietor and the managing attorney of a practice that employs two associates and four support staff.

• 1981-1984: Staff Attorney at Metropolitan Public Defenders, Portland, OR.
• 1984-1987: Staff Attorney at St. Andrew Legal Clinic, Portland, OR.
• 1987-1987: Co-Counsel Committee at Oregon Senate Judiciary, Salem, OR.
• 1987-Present: Principal at Kramer & Associates, Portland, OR.

(Previously Operated as Simon, Kramer & Fithian-Barrett; Simon, Kramer and Toth-Fejel; and Kramer & Toth-Fejel)

I have been approved by the Oregon Supreme Court to serve as pro tem judge in the circuit court for the state of Oregon. I have also drafted other legislation which is now Oregon law:

• ORS 109.119(7). Attorney Fees in Third-Party Custody Visitation Cases.
• ORS 45.400. Telephone Testimony.
• ORS 109.309(6). Adoption Notice.
• ORS 30.275(8) (2001 Legislative Session) Exemption from Tort Claims Notice for Juvenile Victims in State Custody.
• ORS 163.105. I was instrumental in the 1989 Legislative session in helping craft the compromise that resulted in the addition of life without parole as a sentencing option in aggravated murder cases.
• Co-Founder/Steering Committee -- Multnomah County Family Law Group.
• Member, Mayor Katz (Portland) -- Task Force on Portland Internal Investigation Audit Committee.
• Conducted Mock Trials for da Vinci Middle and Buckman Arts Magnet School (3 years).
• Chair, Fundraising Organizing Committee. Da Vinci Middle School, 2003-2004.
• Treasurer, National Lawyers Guild ,Portland Chapter. 2002-2005.
• Co-Founder/Member, DRAMA (Domestic Relations Alliance of Mediators and Attorneys). 1999-2005.
• Board Member, Southeast Uplift Neighborhood Organization. 2001-2002.
• Former Chair, Multnomah Bar Association/Committee on Corrections. 1983.
• Former Member, Multnomah Bar Association Legal Services Committee. 1982-1983.
• Active Volunteer, Multnomah County Volunteer Lawyers Project. 1981 to Present.
• Chair, Local Site Advisory Committee, Buckman Arts Magnate Elementary School, Portland, Oregon. 1998-2001.
• Co-Founder, Steering Committee Member, Buckman Community Partnership (pre-cursor to SUN: Schools Uniting Neighborhoods program). 1996-2001.
• Member, former President, National Lawyers Guild. Honored 1989.
• Co-Founder, Spokesperson -- Oregon Coalition to Abolish the Death Penalty. 1984-1989.
• Co-Founder -- Oregon Campaign for an Effective Crime Policy. 1994.
• Co-Founder -- Oregon People for Prison Alternatives. 1984-1990.
• Precinct Person -- Precinct 4049 (formerly 4048). 1990s.

Office Manager: John Lusk, Lead Paralegal: Debbie Hake.

(503) 274-4774

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

No

Generally, clients sign a retainer based upon an hourly rate. The retainer is to cover anticipated attorney fees and costs.

$225 to $300 per hour.

charge $100 for an initial consultation for up to one hour.

A typical retainer would be for the estimated time necessary to complete the work sought by a potential client. Often, the client can pay half of the retainer down and pay the remaining half in monthly installments.