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Colleen Clark

Colleen Clark

Law Offices of Colleen Clark
1303 Jefferson Street
Suite 100B
Napa, CA 94559

Phone: (707) 320-0046  |  Fax: (707) 253-7922
http://www.ColleenClarkLaw.com

Contact Colleen Clark

Experience and fairness in resolving disputes.

Legal Topic

Business Law

Preferred New Clients

- Business disputes (collection of debts, lease or rental agreement disputes, disputes regarding sale of real property)
- Preparation of business documents (for example: reviewing or drafting agreements
- Construction matters (mechanics' liens, disputes with contractors, deficiencies in construction work)

Sub-Categories

Business Law
  • Mediation/Alternative Dispute Resolution (ADR)
Business Formation & Dissolution
  • Buying & Selling
Commercial Law
  • Breach of Contract
  • Contract Disputes
  • Contract Drafting & Review
  • Employment Contracts
  • Warranties
Construction
  • Commercial Construction Contracts
  • Construction Defects
  • Construction Disputes
  • Dangerous Property
  • Mechanics' Liens
Insurance - Commercial
  • Bad Faith
  • Casualty Insurance
  • Directors' & Officers' Liability
  • Errors & Omissions
  • Insurance Subrogation
  • Motor Vehicle Insurance
  • Property Insurance
Collections
  • Creditor's Rights
  • Garnishees
  • Judgments

Legal Topic

Family Law

Preferred New Clients

I can act as an attorney representing a party, or as a mediator, to help resolve family law disputes, including the following:

- Separation and/or Dissolution of Marriage,
- Parenting issues and support issues;
- Post-judgment family law matters, such as modification of parenting plans or modification of support.

I can also act as an attorney representing a party in matters relating to adoptions or guardianships.

Sub-Categories

Family Law
  • Mediation/Alternative Dispute Resolution (ADR)
  • Name Changes
  • Restraining Orders
  • Enforcement Actions
Abuse
  • Domestic Violence
Children
  • Adoptions
  • Child Support
  • Custody
  • Visitation
Couples
  • Domestic Partnerships
  • Gay, Lesbian, Bisexual, Transsexual, Transgender Rights
  • Living Together/Cohabitation
  • Marriage
  • Power of Attorney
Rights
  • Grandparent Rights
  • Termination of Parental Rights

Legal Topic

Divorce

Preferred New Clients

I help resolve disputes in the areas of divorce and separation.

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
  • Gay, Lesbian, Bisexual, Transsexual, Transgender (LGBT) Rights

Bar Admissions

CA, Dec 1981
Bar Number: 101219

Other Court Admissions

- All trial courts in the State of California
- United States District Court, Central District, Southern District and Eastern District
- United States Court of Appeals, 9th Circuit

Association Memberships

- State Bar of California, since 1981
- Napa County Bar Association, including Family Law Section
- Napa County Women Lawyers
- Napa County Collaborative Practice Group

Continuing Education

I attend continuing legal education seminars on the topics of family law, dispute resolution/mediation, and general matters. I always exceed the required number of continuing education hours.

Example Cases

Family law: A woman came to me to have a support judgment overturned in which she had waived continuing child support. Husband had signed over the title to a community property house in lieu of continuing child support. Husband told Wife that he had not taken any equity out of the house prior to signing it over to her. This was not true. The judgment on the child support waiver was set aside. The court ordered Husband to pay back-support and continuing child support for the couple's three children.

Non-family law: Construction related dispute involving numerous professionals, with questions of why the construction had gone wrong. Case was resolved after full day of settlement talks with all parties.

Education

Degree:

Juris Doctor

School:

Southwestern University School of Law

City:

Los Angeles

State:

CA

Year:

1980

Number of Attorneys

1

State Licensed In

California

Firm Focus and History

My firm is focused on helping people resolve disputes in their personal and business lives.

I have been specifically trained in mediation and collaborative practice methods. I can use my skills in mediation, collaborative practice or litigation to help people settle their disputes.

I have received specialized training in Limited Scope Representation ("unbundled" services), which can benefit clients.

On the personal side, I can help people who are facing the dissolution of a marriage or need to work out issues relating to parenting, support or division of property.

I also handle cases involving guardianship, conservatorship or adoption.

On the business side, I can help business owners who want contracts or agreements prepared or reviewed, or who have disputes with others. I have extensive experience in the area of construction and have handled disputes in real estate sales transactions.

I have over 27 years of experience in handling cases that have resulted in a lawsuit. That experience gives me the ability to assess the facts and law as it relates to a client's particular situation. I believe that resolving cases without going to trial is generally in the client's best interest. But if it is not possible to resolve a case short of trial, I have proven to be effective in the courtroom.

I can also help people try to avoid disputes by careful drafting of agreements.

I started my firm in Napa County in August 2006, after spending twenty-five years working in small law firms, handling a variety of litigated matters. I opened my own firm so that I could enjoy a better quality of life, limit the amount of time I spent commuting and traveling and spend more time helping clients, doing volunteer work and giving back to the community (my community involvement is described below).

My office is in St. Helena, California but I can meet clients anywhere in Napa or Sonoma County.

Previous Employment Summary

For the last 25 years, I worked in small law firms. I started with a very small firm in Southern California, where I represented car dealers and car dealer associations.

In 1983, I started working for small firms that represented clients who were insured by various insurance companies. The cases I handled involved people who suffered monetary losses, property damage or personal injury because of some event such as an auto accident, work site accident, ownership of real property or construction related problems.

I practiced law in Southern California from 1981 until January 1998, when I moved back to Northern California. Since moving back to Northern California, I have handled the same types of cases, including fire and water loss cases.

Activities and Awards

• Judge Pro Tem for Los Angeles County Superior Court, Pasadena Courthouse;
• Court appointed Arbitrator in Los Angeles County (pro bono)
• Mediator or Settlement Conference Officer (pro bono) for court system in Sonoma County and Los Angeles County (Pasadena and Glendale courthouses)
• Taught at Empire College of Law from 1998 to 2002
• Pro Bono work for Napa Emergency Women's Shelter
• Pro Bono work for Legal Aid of Napa Valley
• Attorney Coach for Napa High School Mock Trial team
• Member of Napa Sunrise Rotary
• Attorney Mentor for Napa County Peer Court program
• Event Volunteer for Napa Humane Society annual fundraiser "Cause for the Paws," for St. Helena Pet Parade, and Auction Napa Valley

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

The internet is a wonderful tool and there are many free web sites that provide basic, background information. I strongly encourage clients to educate themselves about the basics so that they can better understand legal principles.

For example, a couple contemplating a divorce, or trying to determine a parenting plan can go to the Napa County Superior Court website. There is a link to the California Courts Self-Help Center which answers frequently asked questions in a divorce case.

Self-education can result in the client saving money in attorneys' fees.

Are you willing to review documents prepared by clients?

I am happy to review documents prepared by clients. In fact, I encourage clients to prepare a rough draft of a document. For example, an Income and Expense statement or Schedule of Assets and Debts used in a family law case can easily be prepared by the client. If done properly, this can save the client money in legal fees.

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

I am willing to do this. I have received specialized training in Limited Scope Representation ( "unbundled" legal services).

Why did you decide to be a lawyer?

As a high school student in the early 1970's in Napa County, some people told me "You can't do that because you're not a man." I decided that knowing what the law was (or wasn't) would allow me to decide for myself what I could and couldn't do.

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

I paid for my own education by working part-time through high school, college and law school. I attended small schools where I received individual attention when I wanted it.

Before graduating from law school, I was fortunate to have people in my life (through school, social activities and jobs) who were good mentors. Those people took the time to listen to my questions and give thoughtful answers.

After graduating from law school and starting to work as an attorney, I was again fortunate to work for bright and active lawyers who were interested in training me for the future.

I have a long history of volunteering to help others, beginning in 1981 and continuing to the present time.

I had an early opportunity to take on a leadership role in professional and community organizations such as the Pasadena Bar Association, Pasadena Young Lawyers, Pasadena Tournament of Roses, Pasadena YMCA, Pasadena University Club, and Pasadena Junior Chamber of Commerce between 1981 to 1998.

Since moving back to Northern California, I have continued to participate in professional and community organizations such as the Napa County Bar Association, Napa County Women Lawyers, Napa County Collaborative Practice Group, and Napa Sunrise Rotary. I have served on the Executive Committee for the Napa County Bar Association, as Secretary for Napa County Women Lawyers and am currently the Secretary of Napa County Collaborative Practice Group. I served as Vocational Director for Napa Sunrise Rotary for the 2007-2008 term.

I have taught classes at Empire College of Law (1998 to 2002).

Since 2001, I have been an attorney coach for the Napa High School Mock Trial team. Every year, I work with 12-18 high school students from October through March teaching trial techniques and skills in persuasive argument.

I also act as a Peer Court Mentor in Napa County, working with at least one high school student per year.

Working with high school students is one of the ways I give back to the community. The students have to stretch their learning muscles to take in new and different information, which helps them gain confidence in their abilities. They must learn to think on their feet and have poise in what they do. They learn responsibility for their role on the team. This experience enriches my life because the students are eager to learn, and are typically happy that an adult (other than a parent or teacher) is taking the time to work with them. This experience also teaches great patience.

Finally, I have experience in trying cases to verdict or judgment. I have tried approximately 30 cases to verdict or judgment in various counties in California.

I have mediated approximately 400 cases over the past 25 years. I have acted as an Arbitrator as well. I have also taken or defended approximately 500 depositions over the past 25 years.

Why did you decide on your primary area of practice?

Family Law: Family law involves interesting legal issues. More importantly, the family is the foundation upon which a person's ability to navigate in the world is based. Helping couples resolve their differences in a respectful way, that does the least amount of harm to their loved ones (i.e., children or extended family members) can help people survive a difficult period in their lives.

Business Law: Resolving disputes efficiently (or preventing them through good, thorough drafting of agreements) keeps businesses running smoothly, which benefits the owners, employees and the community at large.

I have represented people in cases where the parties disagreed about the meaning of language in written document. Because of that, I am a careful drafter of documents and have a broad background in interpreting documents.

Running a business is much like being in a family and the legal issues that arise are interesting and challenging.

What do you like best about your career?

It's never boring. I meet interesting people. Many of my closest friends started out as clients, or even an opposing counsel.

Tell us about your law firm:

I am a solo practitioner, so all of my clients deal directly with me. I keep my overhead low so that I can keep my fees at a reasonable rate. I answer my own telephone. I communicate by email whenever possible.

What are your strengths and style?

I have conducted over 30 civil trials (judge or jury) over the past 25 years. This experience gives me the ability to see the "big picture" of the issue before me, and I know how to focus on the small details that can affect the outcome.

I am good communicator with clients, other counsel and judges or juries.

I am not afraid to have the hard conversations that sometimes involve telling a client what he or she doesn't want to hear.

If the case has to go to trial, I know how to focus on the important details and do the appropriate legal and factual research.

I can provide a budget of anticipated fees and costs to help the client weigh the options and make a decision of how best to proceed.

Personal Interests:

Gardening and cooking. I maintain a (mostly) organic vegetable garden, from which I make my own pasta sauce.

Fax

(707) 253-7922

Office Hours

Monday through Friday
9:30 a.m. to 5:00 p.m.

Emergency After Hours

No

Fixed-Price Services and Fees

I do not have fixed price fees. I charge on an hourly basis.

Hourly Rates

$250.

Free Initial Consultation?

I do not give free in-office consultations. Please ask me about the "Nolo discount" for the initial in-office consultation.

I will talk to prospective clients on the telephone to briefly discuss their legal needs. This would include discussion of whether collaborative resolution or mediation is possible for the parties involved. There is no charge for this, however I do not give legal advice over the telephone.

Typical Retainer

Yes. My typical retainer in a family law matter is $3,000, which represents 12 hours of work.

In a business dispute, the retainer would depend on the type of matter involved.

Understanding Fees

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