FAMILY LAW
This is where I am suppose to put my "mission statement",
but "mission statement" is such an odd term. It makes one sound like an
astronaut going to the moon. So, let me just say, first, I'm going
to tell you WHAT I do. Then I am going to tell you HOW I do it.
I am what is frequently called a trial lawyer. That, however, is a bit of a misnomer. True, I am very proficient at being an advocate for clients in trials. When I do so, I am a trial lawyer and have been for the past 17 years. Yet, over 90% of all cases resolve without a trial. So let's try litigator, as I handle cases which have been filed with the court. Most though are settled through negotiation. For that matter, many disputes that come through my door are resolved without filing lawsuits. The opposing lawyer and I may resolve it without even getting close to a courthouse. Thus, for a large amount of my time I would be termed a negotiator. Then there are times, all sides of a dispute may come to me to arbitrate or mediate their matter. Then I am an arbitrator or mediator.
Oh well, nomenclature aside, suffice to say, I am a lawyer. Whatever it is I may do as a lawyer, I do it in the following areas of law:
When I first became a lawyer, lay persons would ask me in what area of law was I going to specialize. Obviously, I chose litigation in a big way. But the seasoned lawyers never asked that. They asked: "What is your style of practice going to be?" Being somewhat stumped, I'd answer: "I am going to be a litigator." The old timers would just say: Never mind, you'll find out," or some such nebulous phrase.
This would keep me awake nights wondering about style of practice. Nobody in law school ever mentioned style of practice. It wasn't on the bar exam. Was it some esoteric secret of the legal profession? Was it just something used by the initiated to mess with the minds of neophytes? Great, I thought, years of torture in law school, I had wrestled with that big gorilla the bar exam, and now I have to deal with the Zen of law.
Then it jumped right out at me as I was reading a book on Honest Abe somebody gave me as gift. If the law in America is God, the lawyers are priests and a great prophet was speaking to me...epiphany! That is, I had found my "style" of practice.
"Discourage litigation." Prophet Abraham doesn't say avoid litigation altogether, but discourage it. I do discourage litigation. If for no other reason because litigation is costly and and the result is often a crap shoot. The approach should be that the lawyers on both sides have the confidence, expertise, and knowledge, to say: "What can we do to make this work? To settle it? To make everybody a winner?" Unfortunately, some lawyers or parties don't want to go that route. They insist on litigating the matter. In that case, I have done my duty to discourage litigation. Thus, I shall dawn my gladiator suit, pick-up my sword and shield, enter the arena and...go for the throat!
"Persuade your neighbors to compromise whenever you can." I sure do try, but "whenever you can" is the operative phrase. Sometimes I just can't persuade a client to compromise. It is, however, the client's word which is final on the matter. At other times it is the other side who will not compromise. Fortunately though, after a lawyer's counsel, most people see the wisdom of compromise.
"As a peacemaker the lawyer has superior opportunity of being a good man." I really gave this one some thought. A "peacemaker", they never taught me that in law school. Indeed, peace should be the prime objective of every lawyer. Eliminating or, at least, minimizing, the hostility, aggravation, and ill will that often accompanies disputes between people. That way, the clients may resolve their dispute and continue to pursue happiness in life. After all, isn't that what law is all about, achieving peace in society? Thus, the lawyer who unnecessarily litigates is nothing more than agent provocateur. Don't just take my word for it:
"About half the
practice of the decent lawyer is telling clients that they are damned fools
and should
stop." -- Elihu Root, American Trial Lawyer and Nobel Peace Prize
Winner.
"There will still be business
enough." This one puzzled me when I first started practicing.
Oh, I understood it, but why did the Prophet Abraham find it necessary
to include it? As I gained experience, the reason became clear. The
lawyer in litigation has the opportunity to exploit a client's emotions
and make recommendations that can really churn fees. Obviously, this is
wrong for a number of reasons. Yet, Abe was saying, even if profit motive
or greed should surpass ethics, there is nothing to benefit from taking
the low road. You'll still make money. Indeed, he was right. For the past
24 years I have made a decent living. Moreover, I can say that for
every client I may have lost because I wouldn't deviate from my style of
practice and just be some sort of "hit man," I have gained numerous clients
who have appreciated my style of practice.
Home Page About Me. About Attorney Fees. Links.
Law Office of Frank D. Presto III 
E-Mail:
Frank@PrestoLaw.com
4471 Stoneridge Drive, Suite B
Pleasanton, CA 94588
Telephone: 925-846-4006
Fax: 925-426-9215
Last Updated August 1, 2008