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James H. Bayse
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James H. Bayse
Law Office of James H. Bayse
2277 Fair Oaks Blvd.
Suite 290
Sacramento, CA 95825
Phone: (916) 921-9500 | Fax: (916) 921-6500
http://www.bayselaw.com
Our Reputation is Based on Your Satisfaction
Legal Topic
Family Law
Preferred New Clients
Family law, dissolution, divorce, post-judgment modification proceedings, child custody and visitation, child support, spousal support, property division, complex litigation, domestic violence, restraining orders, uncontested divorce, support arrears, legal separation, annulment, enforcement proceedings, prenuptial agreements, postnuptial agreements, support modifications, custody modifications, Estate Planning, wills and trusts, living wills, wills, trusts , revocable trusts, living trusts, power of attorney, limited power of attorney, durable power of attorney, health care directive, medical directive, guardianship, conservativorship, and adoption.
Sub-Categories
Family Law
- Name Changes
- Restraining Orders
- Enforcement Actions
- Child Abuse
- Domestic Violence
- Sexual Abuse
- Adoptions
- Child Support
- Children's Rights
- Custody
- Foster Care
- Paternity
- Visitation
- Domestic Partnerships
- Living Together/Cohabitation
- Marriage
- Prenuptial & Postnuptial Agreements
- Guardianships & Conservatorships
- Advanced Health Care Directive
- Healthcare Power of Attorney
- Healthcare Proxy
- Grandparent Rights
- Termination of Parental Rights
Legal Topic
Divorce
Preferred New Clients
Family law, dissolution, divorce, post-judgment modification proceedings, child custody and visitation, child support, spousal support, property division, complex litigation, domestic violence, restraining orders, uncontested divorce, support arrears, legal separation, annulment, enforcement proceedings, prenuptial agreements, postnuptial agreements, support modifications, custody modifications, Estate Planning, wills and trusts, living wills, wills, trusts , revocable trusts, living trusts, power of attorney, limited power of attorney, durable power of attorney, health care directive, medical directive, guardianship, conservativorship, and adoption.
Sub-Categories
Divorce
- Alimony/Palimony/Spousal Support
- Annulment
- Child Support
- Custody/Visitation Rights
- Delinquent Support Payments
- Division of Property
- Restraining Orders
- Uncontested Divorce
Bar Admissions
CA, Jun 1995
Bar Number: 176191
Other Court Admissions
State of California, United States Federal Court, Eastern District of California.
Association Memberships
American Bar Association; California Bar Association; California Bar Association Family Law Section; California Bar Association Estate Planning Section; Sacramento County Bar Association; and Sacramento County Bar Association Family Law Section.
Continuing Education
I attend annual updates on new developments in Family Law; regular State Bar conventions on Family Law, Estate Planning, Ethics, Elimination of Bias, and negotiation skills; and complete regular testing courses on various legal issues.
Example Cases
I represented a husband that had suffered a head injury that left him completely disabled and unable to speak for, or defend himself, in a divorce. The wife had originally been appointed his temporary guardian, and used his disability to support herself and a new boyfriend with whom she had two children after separation. She used husband's money to buy a new house, two vehicles, a boat and a travel trailer. When it became apparent wife would also take his injury settlement, the new guardian hired me and I was able to save 100% of his $3.4 million injury settlement.
In another matter I represented a wife in a post-judgment proceeding who previously represented herself in her divorce. Initially, she hired me because the husband and his attorney would not follow through with dividing retirement and other investment plans. We subsequently discovered the husband failed to disclose other accounts and income that he received during marriage and after the separation. We were able to settle the matter on the eve of trial and wife received all that she had negotiated in the original settlement plus an additional amount for assets not disclosed and her attorney fees.
More recently, I represented a husband in a divorce who is a law enforcement officer. The wife made false accusations against the father, filed false complaints with his employer in an effort to get him terminated, and filed false allegations of domestic violence against him in an effort to keep their minor child from him. We were able to defend against all domestic violence claims, obtain reimbursement for attorney fees incurred, and the father currently has sole legal and physical custody of the child as a result of the mother's actions.
Education
Degree:
J.D.
School:
Whittier College School of Law
City:
Los Angeles
State:
CA
Year:
1985
Honors:
Moot Court Honors Board.
Degree:
A.B.
School:
University of California, Berkeley
City:
Berkeley
State:
CA
Year:
1982
Honors:
Political Science.
Number of Attorneys
1
State Licensed In
California
Firm Focus and History
The Law Office of James H. Bayse focuses on all family law matters, and estate planning. We represent family law clients from simple uncontested divorces to complex litigation, as well as custody and support modifications, enforcement proceedings, guardianships, adoptions, prenuptial agreements, and marital settlement agreements. We also provide estate planning, from simple wills to revocable trusts, powers of attorney and health care directives.
The firm was first established in January of 1993 as The Law Office of David J. Miller, and focused on family law and personal injury. In June of 1995 James H. Bayse became a partner, and the firm name was changed to Miller & Bayse. In January of 1996, David Miller left the practice to become the CEO of a pharmaceutical wholesale company, and the firm became known as the Law Office of James H. Bayse. For the next six years the firm focused on family law, estate planning, corporate law, and pharmaceutical law. Since 2002, the office has focused exclusively on family law and estate planning.
Previous Employment Summary
Prior to the practice of law, I was employed as manager and comptroller of several businesses, as a licensed agent for sale of business opportunities, as a loss prevention specialist for a major retailer, and owned a paralegal business.
Activities and Awards
Judge Pro Tem, Sacramento County Superior Court, one of three attorneys in Sacramento County qualified for appointment to active duty military personnel under the Servicemember's Civil Relief Act in family law matters.
What is your opinion regarding clients educating themselves on legal issues?
I believe it is important that clients educate themselves on legal issues in order to better understand the problems they face and the issues they are attempting to resolve. The more clients educate themselves on the legal issues, the easier it is for them to make the decisions necessary to resolve their cases and protect their interests.
Are you willing to review documents prepared by clients?
I am willing to review documents prepared by clients to suggest changes or additions, and explain the requirements and effect of the various provisions. However, this is rarely as simple as reading a document, and requires the attorney to be familiar with the parties' circumstances and results they are trying to achieve. Reviewing self-prepared documents entails making certain the document satisfies legal requirements, and that the client understands the effect of the various provisions.
Are you willing to coach clients who want to represent themselves?
I am willing to coach clients participating in mediation, or even if they are negotiating directly with the opposing party, if I believe the parties are working constructively together. A client working directly with the opposing party can often be more effective than an attorney in reaching an agreement, and sometimes the best an attorney can do for a client is to 'stay out of the way' and give advice.
Why did you decide to be a lawyer?
I wanted to be a lawyer because I was intrigued by the law and the prospect of arguing cases before a judge and jury, and I thought I would be good at it. I remain a lawyer because I deal with new and interesting issues each day, there is a tremendous sense of satisfaction in helping others and solving problems, and I work with people from all walks of life every day.
What work experience and education helps you be a better lawyer?
My experience in business, both in management and start ups, has benefitted me tremendously. I also worked during my college and law school years, which I believe balanced my learning experience. Finally, my pro bono work as an advocate for active duty military personnel, and as a Judge Pro Tem in family law matters, gives me a better perspective of what I do and how it benefits others.
Why did you decide on your primary area of practice?
I like to think family law chose me. I joined a practice that was mostly family law, and when my partner left I inherited the business. For a period, I tried to "wind up" the family law portion of the business, but I found satisfaction and a sense of accomplishment in what I was doing. I enjoyed many of the attorneys I found myself working with, and enjoyed helping the people I was representing.
What do you like best about your career?
It's something new and different every single day, and I meet interesting people. Along with the emotions and frustration comes a great deal of personal satisfaction in helping others.
Tell us about your law firm:
I am a solo practitioner and personally handle all cases. Clients are not assigned to a junior attorney. I have a wonderful paralegal who has been with me many years, and who has her own training and experience that compliments a family law practice. She is sensitive to the needs of clients in dissolution proceedings, and works closely with them throughout the proceeding.
What are your strengths and style?
I work well with others, and am mindful of the emotional stress divorce creates. I always first attempt a negotiated settlement based on cooperation to save money and the emotional stress that comes with a contested dissolution. If one or both parties are simply unable to be reasonable in resolving their differences, then I will litigate to assure an equitable result. In litigation I can be cooperative or aggressive, and my style is typically dictated by the other side's behavior and level of cooperation.
Personal Interests:
I enjoy reading, particularly finance and investing, and do some investing and trading as a hobby. I love to travel, am a PADI certified scuba diver, play golf, and love to cycle.
Office Manager/Assistant
Janine Wallace-Mehta
Fax
(916) 921-6500
Office Hours
Monday through Friday
8:30 a.m. to 5:00 p.m.
Closed during the lunch hour between noon and 1:00 p.m.
Emergency After Hours
No
Fixed-Price Services and Fees
I have fixed prices for estate planning documents. All family law matters are billed hourly.
Hourly Rates
$350.
Free Initial Consultation?
I offer free initial consultation of 45 minutes to clients for mentioning their referral from Nolo.
Typical Retainer
Contested dissolution retainers vary depending on the client's circumstances from $3,500 to $7,500 plus costs.
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.
