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Carol A. Gefis
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Carol A. Gefis
Oswald & Yap
16148 Sand Canyon Avenue
Irvine, CA 92618
Phone: (949) 788-8900 | Fax: (949) 788-8980
http://www.oswald-yap.com/
http://www.oswaldyaplaw.com
Results-Oriented Advice and Advocacy
Legal Topic
Business Law
Preferred New Clients
My preference is to work with business clients who are looking to establish a relationship with their attorney. I like to get to know the clients and their businesses so that I can be most effective in assisting them with the wide range of legal and business matters that they encounter as their business matures and develops.
Sub-Categories
Business Law
- Mediation/Alternative Dispute Resolution (ADR)
- Unfair Competition
- Corporations
- Limited Liability Companies (LLCs)
- Partnerships
- Professional Corporations
- Breach of Contract
- Contract Disputes
- Contract Drafting & Review
- Employment Contracts
- Non-Compete Contracts
- Business & Trade
Legal Topic
Family Law
Preferred New Clients
My preference is to work with couples who want to work through the issues of their divorce with a minimum of conflict and whose goal is to settle their divorce as amicably as possible.
Sub-Categories
Family Law
- Mediation/Alternative Dispute Resolution (ADR)
Legal Topic
Employment & Labor Relations
Preferred New Clients
I enjoy working both with individuals that have been terminated or treated unfairly at work, as well as with employers who must address employee issues and problems. I believe that working on both sides of employment cases provides me with the best possible perspective on all sides of the issues that arise in the arena of employment law.
Sub-Categories
Employment & Labor Relations
- Mediation/Alternative Dispute Resolution (ADR)
- Age Discrimination
- Americans With Disabilities Act (ADA)
- Disability Discrimination
- Discipline/Suspension
- Employment Contracts
- Equal Pay Act (EPA)
- Fair Labor Standards Act (FLSA)
- Family Medical Leave Act (FMLA)
- Race Discrimination
- Racial Harassment
- Sarbanes-Oxley Act of 2002
- Severance Packages
- Sex Discrimination
- Sexual Harassment
- Termination
- Wage & Hour Laws
- Whistleblower
- Wrongful Termination
- Age Discrimination
- Disability Discrimination
- Discipline/Suspension
- Employment Contracts
- Family Medical Leave Act (FMLA)
- Pregnancy Discrimination Act (PDA)
- Race Discrimination
- Racial Harassment
- Sarbanes-Oxley Act of 2002
- Severance Packages
- Sex Discrimination
- Sexual Harassment
- Termination
- Wage & Hour Laws
- Whistleblower
- Wrongful Termination
Bar Admissions
CA, Jul 1990
Bar Number: 147814
Other Court Admissions
Minnesota & California State Courts, North Circuit Court of Appeals, Central and Southern Districts of California; District Court of Colorado, United States Court of Appeals
Association Memberships
California Bar Association
Continuing Education
I have fulfilled all requirements for continuing legal education with focus on trial practice and litigation.
I received 40 hours of mediation training and keep up on the latest techniques and innovations in the field of mediation.
Example Cases
I provide full service legal counsel to my business clients, from the drafting of motor-sports sponsorship agreements to the review of employee severance agreements.
On the litigation side, I have pursued and prevailed in breach of business contract case resulting in over 3 million dollars in collected damages; and have assisted family businesses with the resolution of their disputes.
I have mediated hundreds of divorce cases, most involving children and custody issues, as well as significant property and business issues.
Education
Degree:
B.S.
School:
University of Wisconsin
City:
Stevens Point
State:
WI
Year:
1983
Honors:
Academic Honors
Focus and Accomplishments:
Political Science
Degree:
J.D.
School:
Hamline University School of Law
City:
St. Paul
State:
MN
Year:
1988
Honors:
Academic Honors List
Focus and Accomplishments:
American Jurisprudence Award for Alternative Dispute Resolution.
Number of Attorneys
13
State Licensed In
California, Minnesota
Firm Focus and History
Our firm focus is to provide excellent and cost effective legal services to our clients.
My focus is to provide excellent and cost effective mediation services to couples, while subjecting them to the least possible amount of conflict and stress.
Previous Employment Summary
I practiced in the area of insurance defense for 5 years and had my own law office for 5 years before joining Oswald & Yap. where I have been for 7 years and have been a partner since 2005.
Although I have practiced in the areas of insurance defense, business and employment law for over 16 years, throughout that time I have also maintained an active divorce mediation practice. Although the two types of practices are quite different, I find that it provides me with a good balance of dispute resolution and advocacy.
Activities and Awards
I have taught numerous courses on general mediation and divorce mediation.
What is your opinion regarding clients educating themselves on legal issues?
I encourage clients to educate themselves on legal issues. The better informed the client is, the better they can communicate their needs and wishes to me and the better I can represent them.
I highly encourage clients to educate themselves on the legal issues of divorce. The better informed the clients are, the better they can communicate their needs and wishes to each other and to me, and the better I can assist them to resolve the issues of their divorce.
Are you willing to review documents prepared by clients?
I am happy to review client prepared documents and often assist clients in "tweaking" their own documents so that they may use them as a template in similar business situations.
I am happy to review client prepared documents, however, in the divorce field, there is so much mandatory and protective language that goes into a Settlement Agreement that the final document is usually much different than the one initially prepared by the client. Therefore, it is generally more cost effective for me to prepare the Settlement Agreement from scratch.
Are you willing to coach clients who want to represent themselves?
I generally am not willing to do so because litigation is fraught with pitfalls, and I believe it is a dangerous practice with a great amount of risk. However, in some cases, such as where a client wishes to pursue a case in small claims court or an administrative hearing, I am much more flexible and will sometimes agree to coach clients who are able to handle these types of matters themselves.
Most of my divorce mediation clients represent themselves in the divorce. I simply assist them in resolving their issues and preparing the required documents.
Why did you decide to be a lawyer?
I wanted to pursue a challenging and stimulating career that would not become boring after working for several years.
What work experience and education helps you be a better lawyer?
In my younger years, I worked in retail, as a waitress, secretary, and a highway construction and maintenance worker, which gave me perspective and experience with many types of people and businesses. Having my own law practice gave me a taste of business ownership and the rewards, problems and headaches that come with it.
Why did you decide on your primary area of practice?
It was through the process of elimination. I knew that I wanted to be in Court so some type of litigation was a must for me. I have tried a little bit of criminal law and family law and found that I was not well suited for those fields. Tax law scares me, and since I do not have an engineering degree, intellectual property law is best left to the specialist in the firm.
I saw a real need for an alternative for couples facing divorce. I felt that the high attorney's fees and added stress of a litigated divorce were unnecessary and that divorcing couples and their families would be much better off trying to work out a fair settlement than fighting it out in court.
What do you like best about your career?
I love the variety of cases, clients, and constant learning of new subject matter. I can't stand lawyers who "churn" cases for fees - the ones who give the rest of us a bad name.
Tell us about your law firm:
We have a great group of smart, talented, lawyers in our firm, with a wide variety of practice areas. It is our philosophy that our lawyers should be people first, and we encourage life outside the law firm. This, in turn, makes better lawyers who are able to vigorously represent their clients on the one hand and yet relate to them as "real people" on the other.
What are your strengths and style?
I have 17 years of experience in many areas of the law, and representing plaintiffs and defendants, employers and employees, individuals and large businesses and mediation. Having represented clients on both sides of most types of disputes allows me to see potential problems and potential solutions when advising clients on their business dealings and employment relationships, or when representing clients in a lawsuit.
I am generally even tempered and do not get upset easily, which allows me to work effectively with clients and opposing attorneys.
Personal Interests:
I enjoy distance running, boating, auto racing and football (the last two as a spectator only).
Office Manager/Assistant
Patricia Tonte Mace
Fax
(949) 788-8980
Office Hours
8:30 a.m. - 5:30 p.m.
Monday through Friday
Emergency After Hours
No
Foreign Languages
None
Fixed-Price Services and Fees
Incorporations $1,500 flat fee.
I offer a fixed rate of $1950 for preparation of all of the paperwork required for a divorce.
Hourly Rates
$285
$250 per hour for mediation in addition to document preparation fees.
Free Initial Consultation?
I offer a 30 minute free consultation.
Typical Retainer
$2,500 - $7,500
Mediation and Divorce: None. Pay as you go.
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