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Alicia I. Dearn

Alicia I. Dearn

Dearn Law Group
13223 Black Mountain Road
Suite 314
San Diego, CA 92129

Phone: (760) 658-6957  |  Fax: (760) 482-1267
http://www.dearnlaw.com

Contact Alicia I. Dearn

Business and Employment Lawyer for the Changing World

Legal Topic

Business Law

Preferred New Clients

I prefer working with businesses, employers and employees for advice and litigation.

Sub-Categories

Business Formation & Dissolution
  • Business Successions
  • Buying & Selling
  • Closely Held Businesses
  • Corporations
  • Directors' & Officers' Liability
  • Franchising
  • Joint Ventures
  • Limited Liability Companies (LLCs)
  • Partnerships
  • Professional Corporations
Commercial Law
  • Breach of Contract
  • Contract Disputes
  • Contract Drafting & Review
  • Employment Contracts
  • Franchises
  • International Transactions
  • Non-Compete Contracts
  • Secured Transactions
  • Uniform Commercial Code
  • Warranties
Internet (Cyberspace)
  • Computer Crimes
  • Digital Signatures
  • Domain Names
  • Electronic Commerce
  • Spam

Legal Topic

Employment & Labor Relations

Preferred New Clients

I prefer working with businesses, employers and employees for advice and litigation.

Sub-Categories

Employees
  • Affirmative Action
  • Age Discrimination
  • Americans With Disabilities Act (ADA)
  • Compensation, Benefits, & Pensions
  • Consolidated Omnibus Budget Reconciliation Act (COBRA)
  • Disability Discrimination
  • Discipline/Suspension
  • Emotional Distress
  • Employee Polygraph Protection Act (EPPA)
  • Employee Retirement Income Security Act (ERISA)
  • Employee Rights
  • Employment Contracts
  • Equal Pay Act (EPA)
  • Fair Credit Reporting Act (FCRA)
  • Fair Labor Standards Act (FLSA)
  • Family Medical Leave Act (FMLA)
  • Federal Employer's Liability Act (FELA)
  • Government Employees
  • Immigration Reform & Control Act of 1986 (IRCA)
  • Jones Act
  • Occupational Safety & Health Act (OSHA)
  • Older Workers Benefit Protection Act (OWBPA)
  • Personal Responsibility & Work Opportunity Reconciliation Act (PRWORA)
  • Pregnancy Discrimination Act (PDA)
  • Race Discrimination
  • Racial Harassment
  • Sarbanes-Oxley Act of 2002
  • Section 1981 of the Civil Rights Act of 1866
  • Severance Packages
  • Sex Discrimination
  • Sexual Harassment
  • Termination
  • Uniformed Services Employment & Reemployment Rights Act
  • Wage & Hour Laws
  • Whistleblower
  • Worker Adjustment & Retraining Notification (WARN) Act
  • Wrongful Termination
Labor Law - Employers
  • Collective Bargaining
  • Labor Arbitration
  • Labor Disputes
  • Labor Legislation
  • National Labor Relations Act (NLRA)
  • Picketing/Freedom of Speech
  • Unfair Labor Practices
  • Unions
Labor Law - Unions
  • Collective Bargaining
  • Labor Arbitration
  • Labor Disputes
  • Labor Legislation
  • National Labor Relations Act (NLRA)
  • Picketing/Freedom of Speech
  • Unfair Labor Practices
  • Unions

Bar Admissions

CA, Dec 2004
Bar Number: 235169

Other Court Admissions

California Supreme Court, Ninth Circuit, Second Circuit, U.S. District Courts of California for: Northern, Southern, Central and Eastern Districts.

Association Memberships

California Bar and the San Diego County Bar.

Continuing Education

I attend continuing legal education on the topics of litigation, employment law, business law, ethics (and anything else that just sounds interesting and timely). I always greatly exceed the required amount of hours.

Papers and Publications

maintain a blog on my website, which includes informal legal articles. I also publish a variety of other articles on websites, all of which can be viewed at www.getchlaw.com.

Example Cases

REPRESENTATIVE LITIGATION SUCCESSES:

• (Cal. Superior Court): won summary adjudication in an age discrimination and harassment case on motion brought and argued by Ms. Getchell
• (S.D. Cal.): published full summary judgment in wrongful termination case; Rotherham v. American Red Cross, Case No. 04CV1172 BEN (LSP), 2007 U.S. Dist. LEXIS 16239 (Mar. 5, 2007)
• (S.D. Cal.): class allegations dropped by plaintiff in amended complaint in response to 12(b)(6) motion brought by Ms. Getchell
• (Cal. Superior Court): won judgment in favor of clients who were victims of collection fraud and prepared clients to testify in criminal case against defendant
• (Cal. Superior Court): successfully regained home for client who was victim of real estate fraud and defended countersuit, including obtaining injunction for client and having three of four counts in countersuit dismissed on demurrer
• (Cal. Superior Court): successfully obtained restraining orders for multiple clients
• (Cal. Superior Court): motion for terminating sanctions granted
• (Cal. Superior Court): $800,000 bench verdict in favor of plaintiff for breach of contract, based in part on liability theory and parol evidence theory advanced by Ms. Getchell
• (Cal. Supreme Court): contributed to amicus curiae brief on sexual harassment issue; Lyle v. Warner Bros. Television Prods., 38 Cal. 4th 264 (2006) (under former name, Alicia I. Mead)
• (EEOC and DFEH): won no-cause findings in three separate discrimination charges
• (Cal. Dept. of Industrial Relations): won a no-coverage determination in a prevailing wage challenge

REPORTED CASES:

• Lyle v. Warner Bros. Television Prods., 38 Cal. 4th 264 (2006)
(amici curiae under former name, Alicia I. Mead)
• Rotherham v. American Red Cross, Case No. 04CV1172 BEN (LSP), 2007 U.S. Dist. LEXIS 16239 (Mar. 5, 2007)

Education

Degree:

Bachelor of Arts in English with Distinction

School:

University of Washington

City:

Seattle

State:

WA

Year:

2001

Honors:

Dean's list every yea

 

Degree:

Juris Doctor

School:

University of San Diego

City:

San Diego

State:

CA

Year:

2004

Focus and Accomplishments:

Law Review Comments Editor; Judicial Extern in Federal Court

Number of Attorneys

1

State Licensed In

California

Firm Focus and History

My firm was first established in 2008 after I left my big firm practice. I started my firm with the philosophy of offering the same cutting-edge, sophisticated and top-notch services to businesses and individuals, but at a much more affordable price. I offer my clients flat fees and reduced costs due to my low overhead and use of technology to streamline operations.
I am also interested in creating as much value as possible for my clients and developing a trusted partnership with them. For that reason, I use my website to gather resources and post information on my blog, so that clients can get to know me at their own pace, and so that they feel comfortable in the purchasing of legal services.

I represent businesses in general civil matters from advice to litigation, and both employees and employers in all aspects of employment law, with a focus on employers. I treat my clients as though I am an outsourced "general counsel" and part of their business team. My advice and business services include policy drafting and review, litigation avoidance, auditing and contract negotiation and drafting. My litigation practice is also sophisticated and full service, including complex matters and class actions.

Previous Employment Summary

Paul, Hastings, Janofsky & Walker, LLP, March 2006 - December 2007

Substantive practice areas include all aspects of employment law, such as wage and hour, wrongful termination, employment contracts, discrimination and harassment, disability, leaves and unfair competition. Paul Hastings is considered the premier law firm for employment defense in the U.S. and enjoys a prestigious international reputation.

Pillsbury Winthrop Shaw Pittman, LLP, January 2005 - February 2006

Substantive practice areas included all aspects of employment law and general civil litigation, such as contracts, torts, partnership and business agreements and consumer law as both plaintiff and defense counsel. Pillsbury is a prestigious international firm.

Activities and Awards

I take pro bono cases from San Diego Volunteer Lawyer Program and from the U.S. Navy Legal Office. I have received the Wiley W. Manuel Service Award from the California Bar Association consecutively for the past two years for my pro bono work.

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

I think that it is a shame that most people cannot afford legal services, and I hope to change that a little bit with my firm's business model. Nonetheless, I understand that it is a necessary -- even if not ideal -- situation for clients to educate themselves and even take some matters into their own hands. We are here to help when needed, though, and when self-help is simply not sufficient. To the extent that clients just like to be informed, I applaud that and am always available to answer questions and explain the law and strategies to my clients in as much detail as they want.

Are you willing to review documents prepared by clients?

I am willing to do this for clients.

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

I am willing to do this for clients, particularly in small claims. In more complex litigation, I do this on a case-by-case basis, because I need to consider the ethical and practical ramifications of such an arrangement.

Why did you decide to be a lawyer?

I became a lawyer because I wanted to be able to protect myself and others in all of life's matters that involve money, contracts, rights and freedoms. I realized that there are certain things (rules of the game, if you will) that only lawyers seem to know. I wanted to know them, too, and use that information for the good of others. I have a strong sense of justice, so it is very important to me to feel like I am using the law as a tool for good, rather than for manipulation.

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

First, I travel a lot internationally. I think that having spent a lot of time in other cultures gives me perspective on what matters, what doesn't, and what we are all struggling with. Second, I have a small business that I run when I am not practicing law. As a small business person, I bring a very practical business savvy to my work. It also reminds me to view things the way that the rest of the world views them, and to not get too stuck inside that lawyer bubble, speaking lawyer talk, like it is so easy for us lawyers to do!

Why did you decide on your primary area of practice?

It combines both the human aspect of relationships (business and employment relationships), with highly technical and complex aspects of law. California employment law, in particular, is much more complicated than people realize; I greatly enjoy the mental challenge of understanding the nuances of the law, while also figuring out how they affect my clients day-to-day.

What do you like best about your career?

Getting a good result for my clients. When I've accomplished something for them that matters in their life or in their business, it feels really great.

Tell us about your law firm:

I am currently a solo practitioner, so all my clients deal with me. When you want to talk, I am on the other end of the line. My legal secretary has a wealth of experience after over 20 years in the business, so she provides additional value and efficiency in my practice; however, clients typically will not have much direct dealings with her.

What are your strengths and style?

I am calm, strategic, creative and very thorough. I know where I am going in a case from the outset, and I do not rise to aggressive behavior by opponents. For that reason, I am typically able to control cases and out-maneuver my opponents, although it can take time (litigation is a slow process). I prefer to avoid litigation (I enjoy it, but it is usually not in my clients' best interests), so my focus with clients is handling issues before they mushroom into bigger problems. I will not be bullied, however.

Finally, I try to be as communicative with my clients as they like. I want my clients to feel comfortable with everything we are doing and be as involved with the process as they want to be, although I do not require active participation, either.

Personal Interests:

I am an avid world traveler, and I prefer adventure travel (such as sailing, whitewater rafting, camping and paragliding in very remote locations) with my husband and Portuguese Water Dog. I also enjoy writing and keep a blog of my travel adventures at www.polarbearchronicles.com.

Fax

(760) 482-1267

Office Hours

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

Emergency After Hours

Yes

Fixed-Price Services and Fees

Yes. I offer flat fees for most of my services. After a free consultation, I will provide you with a quote for the work you require. Flat fees must be paid upfront.

Hourly Rates

$300.

Free Initial Consultation?

Yes, for up to one hour.

Typical Retainer

Only in hourly or contingency cases. In hourly, it is 25% of the anticipated ultimate bill. In contingency cases, it consists of the expected costs (which are determined on a case-by-case basis).

Understanding Fees

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