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Brian DeWitt

Brian DeWitt

Law Offices of Brian DeWitt
1005 Jefferson Street
Napa, CA 94559

Phone: (707) 255-1885 ext 6  |  Fax: (707) 255-0974

Contact Brian DeWitt

Quality Legal Representation and Proven Results

Legal Topic

Real Estate

Preferred New Clients

My practice encompasses business transactions, litigation, intellectual property and administrative law. 

Business and real estate matters handled include business formations, real estate acquisitions and dispositions, land use, construction, financing, leasing, boundary disputes, easements, loan workouts and foreclosures and common interest subdivisions.

The litigation matters handled include cases involving real estate, business and commercial disputes, construction defects, intellectual property, insurance, matters involving duties of real estate brokers and agents and DRE licensing.

Sub-Categories

Commercial Real Estate
  • Broker & Transaction Litigation
  • Building Codes
  • Buying & Selling
  • Condemnation
  • Condominiums & Cooperatives
  • Construction Contracts
  • Construction Defects
  • Construction Financing
  • Conveyancing
  • Eminent Domain
  • Homeowners' Associations
  • Insurance
  • Land Contracts
  • Land Use & Zoning
  • Mechanics' Liens
  • Mortgages
  • Property Taxes
  • Real Estate Loans
  • Renting & Leasing
  • Title Insurance
  • Title Litigation
Residential Real Estate
  • Broker & Transaction Litigation
  • Building Codes
  • Buying & Selling
  • Condemnation
  • Condominiums & Cooperatives
  • Construction Contracts
  • Construction Defects
  • Construction Financing
  • Conveyancing
  • Eminent Domain
  • Homeowners' Associations
  • Insurance
  • Land Contracts
  • Land Use & Zoning
  • Mechanics' Liens
  • Mortgages
  • Property Taxes
  • Real Estate Loans
  • Renting & Leasing
  • Title Insurance
  • Title Litigation

Bar Admissions

CA, Jun 1990
Bar Number: 147296

Other Court Admissions

California Supreme Court; United States Court of Federal Claims.

Association Memberships

Napa County Bar Association; California Bar Real Property Section.

Continuing Education

I regularly attend continuing legal education programs in my practice areas. Programs include real property law, business law, civil litigation, civil appellate practice, corporations and LLCs, intellectual property among other courses. I always exceed the required number of continuing education hours.

Example Cases

I represented individual clients in a fraud lawsuit against their former business partners. I obtained a jury verdict in favor of my clients and a substantial damages award.

I represented a real estate broker before the California Department of Real Estate in an administrative law case seeking to revoke the client's license. The client was the principal and chief executive of a company that owned and managed a large portfolio of multi-family residential properties. I obtained a settlement on favorable terms and the client's license was not revoked.

Education

Degree:

M.A.

School:

Oxford University

City:

Oxford, England

State:

Information coming soon.

Year:

1985

 

Degree:

J.D.

School:

Stanford University Law School

City:

Stanford

State:

CA

Year:

1989

 

Degree:

B.A.

School:

University of California at Santa Cruz

City:

Santa Cruz

State:

CA

Year:

1982

Honors:

Honors

Number of Attorneys

1

State Licensed In

California

Firm Focus and History

The firm's practice areas encompass real property and business matters, intellectual property, civil litigation and work for wine industry clients and was established in 2004. Past real estate clients have included homebuilders (planned unit developments, condominiums, mixed use), commercial real estate developers (office buildings, shopping centers), real estate brokers and agents, lenders, investors, commercial landlords and commercial tenants.

The firm's civil litigation practice has included the representation of a wide range of businesses and individuals in business and commercial disputes, real property disputes, insurance cases and regulatory matters. The firm handles civil cases in all state and federal courts, hearings in administrative law courts, mediations, arbitrations and appellate matters.

The firm's wine industry practice includes the representation of wineries, custom crush operations, vineyard owners, vineyard managers and other businesses related to the wine industry.

Previous Employment Summary

I have practiced law in California continuously since 1989 focusing on real estate and business matters. Upon graduating from law school, I worked as an associate at Morrison & Foerster where I focused on real estate, subdivisions and financial transactions. Subsequently, I worked for a law firm that specialized in representing homebuilders. My practice continued to center on real estate law, with a focus on common interest subdivisions (such as planned unit developments, condominiums) and the representation of homebuilders in regulatory and litigation matters. Since establishing my practice in Napa in 2004, I have continued this type of work, but I have expanded my practice to include work for clients in the wine industry.

Activities and Awards

I currently provide pro bono legal services to ParentsCAN, a community-based 501(c)(3) nonprofit organization which provides peer-to-peer counseling and services to families of children with disabilities. I also serve on the Board of Directors of ParentsCAN.

Past pro bono services have included work on fair housing, including an impact discrimination case in which the NAACP Legal Defense Fund was co-counsel.

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

I encourage clients to become informed about legal matters affecting them. When advising a client regarding his or her legal position, I thoroughly explain the relevant law and its application to the client's situation. I explain possible outcomes so that clients are able to make informed choices, and I keep clients apprised of developments in a case.

Are you willing to review documents prepared by clients?

I am willing to review any documents whether prepared by a client, opposing parties or opposing counsel. I advise clients that any legally binding document should be reviewed and discussed with an attorney before it is signed.

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

I have advised clients who have represented themselves in small claims cases, where representation by an attorney is not allowed. However, I believe that in Superior Court and in federal court, representation by an experienced attorney is essential to a successful outcome.

Why did you decide to be a lawyer?

The law never ceases to be challenging and every case is interesting in its own way. I enjoy building relationships with clients and helping them resolve problems.

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

I was fortunate to receive my legal education from a top-ranked law school and, after law school, to receive training in excellent law firms.

Why did you decide on your primary area of practice?

My chosen practice areas are all of interest to me. When I was an attorney in a large firm, I had the opportunity to sample different practice areas and I gravitated to those I enjoyed. I like the balance of doing both transactional work and litigation.

What do you like best about your career?

I enjoy building lasting relationships with clients. A large portion of my work is for established clients, some of whom I have been advising for 15 years.

Tell us about your law firm:

All office personnel share my philosophy of service to the client. My clients deal with me directly, and I pride myself on being available and responsive.

What are your strengths and style?

My guiding principle is to provide clients with results, not excuses as to why the desired result could not be achieved. I believe there is a right answer to most legal questions and that the right answer is obtained through skilled research and clear thinking. In litigation matters, I provide clients with aggressive representation and the best possible advice based upon knowledge of all relevant law and an understanding of the client's objectives. In transactional work, I help clients achieve objectives, rather than advising why objectives are not achievable.

Personal Interests:

Sports, reading, wine, spending time with my wife and daughter.

Office Manager/Assistant

Suzanne Salazar

Fax

(707) 255-0974

Office Hours

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

Emergency After Hours

No

Foreign Languages

French.

Fixed-Price Services and Fees

Most business counseling and transactional matters and all litigation is billed hourly, with the exception of litigation taken on a contingency fee basis.

Hourly Rates

My normal hourly rate is $250 per hour. For litigation or other matters that will involve substantial time, a reduced rate may be agreed to.

Free Initial Consultation?

Yes. I do not charge clients for an initial telephone conference or initial meeting of up to one-half hour.

Typical Retainer

Retainer amounts are case-specific and are determined based on the nature of the matter, the expected amount of work and other factors.

Understanding Fees

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