Justia Legal Services & Lawyers Directory

Kirk A. Lauby has a varied and comprehensive background in business management which is of particular benefit to the firm's business and business litigation clients. Mr. Lauby was admitted to the State Bar of California in 1978, and has combined his legal practice with business endeavors in the food marketing industry, oil and gas exploration, and real estate building and development.

Mr. Lauby is an experienced trial attorney with a focus on business litigation, construction defect litigation, construction injury litigation, premises liability, contractor general counsel assignments and personal injury. He has the distinction of having represented the developer defendants in what was at the time the largest construction defect jury trial held in Riverside County. Mr. Lauby has vast experience representing plaintiffs, developers, manufacturers and subcontractors in all construction trades.

His published opinion in Lopez v. C.G.M. Development, Inc. (2002) 101 CA 4th 430 is an established and often cited authority which limits liability of owners, developers and general contractors for injuries sustained by subcontractor employees.

Additionally, Mr. Lauby has had the opportunity to participate with multiple insurance carriers in their special investigation unit (SIU) automobile defense activities. He has tried and arbitrated several hundred SIU cases.

Mr. Lauby is licensed to practice in the State of California, and before the United States District Court. He is available to represent appellants in the California Appellate Court system.

He is a member of the State Bar of California, the Riverside County Bar Association, and the American Inns of Court and a former member of the American Bar Association, and the Los Angeles and Orange County Bar Associations.

Fernandez & Lauby LLP strongly supports alternative dispute resolution programs as the best means to control litigation costs and exposure. Mr. Lauby has successfully completed the mediator's training certificate from the Strauss Institute for Mediation at Pepperdine University School of Law. Mr. Lauby serves as a private mediator for construction, business litigation, real estate and personal injury disputes and is on the panel of mediators for Dispute Resolution Services. He also serves on the panel of arbitrators for the Riverside County and San Bernardino County courts.

Mr. Lauby received his Bachelor of Arts degree from U.C.L.A. in 1974 and his Juris Doctor degree from Southwestern University in 1978.

Joseph D. Dang is an attorney based in San Diego, California. His firm's focus is to provide small businesses with legal services ranging from incorporation to complex planning matters. He also helps business owners and individuals develop and implement effective and tax efficient estate plans.

Eric Morton is an Oceanside, California business and intellectual property attorney. Eric has been an attorney for more than 20 years. He provides a full range of business law and intellectual property services. His clients' businesses successfully benefit from his knowledge and professionalism and avoid unnecessary legal disputes, protect their intellectual property assets, and comply with laws that govern licensing, trademarks, regulations, and other business practices. Serving San Diego County and, in particular, Oceanside, Carlsbad, Encinitas, Solana Beach, Del Mar, Vista, San Marcos and Escondido.

Mr. O'Connell leads a small firm of professionals specializing in real estate issues, business, corporations, limited liability companies, estates, and trust administration. He has more than 20 years of experience in these areas and is fully equipped to advise clients regarding their options and risks in these troubling economic times.

Mr. O'Connell speaks frequently at continuing education seminars on topic including the emerging issues in limited liability companies and legal ethics.

Mr. O'Connell served in the U.S. Army Security Agency from 1968 to 1972, serving in Turkey and Germany.

Representing indidividuals and businesses in employment law, business law, consumer law, financial fraud litigation, unfair competition, risk avoidance and risk management. Headquartered in San Diego and actively representing clients throughout California.

Thank you for considering our firm. We offer ethical and aggressive advocacy for our clients. We offer many years of litigation experience, alternative dispute resolution representation, and transactional experience. Our fees are competitive and we strive to provide the best representation in Riverside County. Feel free to contact us at any time with questions that you may have.

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Married with 4 children and parishioner at Blessed Teresa of Calcutta Catholic Church in French Valley, California. I enjoy spending time with my family, tending to my koi pond, keeping up on theology/philosophy, and playing/listening to music. When lawyering, I give 100% of all I've got to each client -- one at a time.

Attorney Joel Weissler is a California State Bar Board of Legal Specialization Certified Tax Law Specialist. After earning his three year law degree in only two years and being admitted to the California Bar, Attorney Weissler earned an LLM in Taxation, Cum Laude from the University of San Diego. In addition to being admitted to practice in all California Courts, he is also admitted to practice before the U.S. Tax Court, U.S. District Court for the Southern District of California and the Federal Ninth Circuit Court of Appeals. Attorney Weissler is a member of the National Association of Elder Law Attorneys (NAELA). In addition, he is a member of Wealth Counsel, and a charter member of Elder Counsel. Joel's goal in founding the Weissler Law Group was, and remains, to touch client's lives by providing the highest level of legal representation in areas which make a difference for clients and their families.

Law Firm Overview =============================
Weissler Law Group is devoted to delivering the highest level of technical competence and care, combining our extensive experience with our practical knowledge of estate planning, asset protection techniques, tax law and business documents. The skilled attorneys at our firm counsel clients in a broad range of estate planning, asset protection, wealth transfer, probate, taxation and business transactional matters, including those related to the following practice areas:

* Estate planning and probate
* Asset protection
* MediCal - Nursing Home Planning
* Tax
* Business law services focused on helping businesses start, grow, and succeed

We are devoted to creating customized legal solutions to protect our clients' assets. Our skilled attorneys and staff bring a solution-based approach to our practice, always working closely with our clients and their other advisors to examine their complete financial picture. We look forward to forming long-term relationships with our clients and do our best to provide them with an honest look at their situations. We make extra efforts to keep our clients informed of all their asset protection options.

Practice Areas !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
At Weissler Law Group, our focus is on preserving the hard earned assets of our clients. We believe that our Clients should be able to use their assets in a way that has the most benefit for them and for their families (or those others that they choose to benefit).

Our goal is to supply the means for our clients to provide the maximum benefit and least harm to the next generation of their families.

In addition to planning, we provide skilled legal counsel in probate matters. The passing of a loved one is one of the most emotionally trying times you anyone ever encounters. The last thing needed during such difficult times is a glut of legal problems. We navigate the probate process efficiently for our clients, from admitting the will through to distribution.

Estate Planning and Effective Wealth Transmission ==================================

Our estate planning practice is built upon providing clients with an efficient way to use and transfer their wealth. Effective wealth transmission requires lifetime action, not merely a death-time escape chute. We do not simply draft documents and have you sign them. We work with you to make sure you understand the vehicles we use to hold and move your estate.

We work diligently to understand the structure of your family. Understanding family relationships and character helps us provide you with an effective and family protective plan. If you have a blended family, we will help you craft a clear plan for how children from a prior relationship will factor into the transmission of your estate.

We provided our clients with a wide range of estate planning services and tools including:

* Wills
* Revocable trusts
* Health care powers of attorney
* Financial powers of attorney
* Childcare powers of attorney
* Family limited partnerships
* Domestic asset protection trusts
* Lifetime spousal gift 6rusts
* Inheritor's trusts
* ICP & line protection trusts
* Charitable remainder trusts/Charitable lead trusts
* Retirement plan distribution control trusts
* Dynasty trusts
* Generation skipping trusts
* Special needs trusts
* Insurance trusts
* Special purpose trusts
* Offshore opportunity and protection trusts
* Controlled opportunity shifting
* Nursing home planning

California Probate ============================

In addition to planning, we provide skilled legal counsel in probate matters. The passing of a loved one is one of the most emotionally trying times anyone can encounter. Endeavoring to navigate the California probate system during this emotional time can lead to misunderstandings among family members. Our firm goes to great lengths to avoid this, handling all aspects of the administration process from the appointment of the executor through the disbursement of assets.

The last thing anyone needs during emotionally difficult times is a glut of legal problems. We respectfully and smoothly guide our clients and their families through the probate process. Our firm's approach actively seeks to avoid unnecessary conflict while also seeking to efficiently bring the administration through the probate process, from admitting the will through to final distribution.

We have extensive experience administering estates both large and small, and are experienced in dealing with non-U.S. wills including those from Mexico. We also have the litigation experience necessary to protect your interests in court, should that become necessary.

Tax Planning ==================================

Tax planning is an integral part of helping people build and preserve wealth. Facing a government hungry to collect extra tax dollars from families and businesses, tax planning has become an important part of keeping from become a victim. At Weissler Law Group in San Diego, California, we are very conscious of the enormous effect that taxes have on peopleâs lives.

Federal income taxes, State income and property taxes international and transnational taxes have a profound effect on all business and business owners, on investment decisions and on intergenerational wealth transfer planning. Proper tax planning can sometimes turn a marginal business venture or contract into a profitable one. Failure to properly plan for the transfer or sale of business or for the transfer of family assets between parents, children or grandchildren can be financially devastating.

Our experienced attorneys examine each Client's situation, explain to them available options and create the necessary structures and documents needed to minimize burdensome taxes. We offer tax-sensitive business transaction, business sale, and estate planning counsel that focuses on how to avoid booby traps and make a deal more profitable for you. We handle a broad variety of tax issues for our clients, including those related to:

* Income tax optimization / tax reduction planning for individuals and businesses
* Wealth transfer - estate and gift tax planning
* Planning for non-U.S. nationals with U.S. Income & Assets
* Tax defense - tax litigation (California & Federal Appeals and Tax Court Representation)

Tax Defense and Litigation

Our firm represents and defends individuals and businesses in administrative appeals of audit findings before the IRS, the California Franchise Tax Board, and the California State Board of Equalization . We are also prepared to protect our tax clients in the Federal District Court, the U.S, Tax Court and the California Superior Court.

Safeguarding Your Estate

At Weissler Law Group, we appreciate the fact that estate taxes may bear a significant impact on your ability to transfer your assets to your family, friends and charity. For successful individuals estate taxes are an obstacle to holding on to wealth and passing it between generations. enormous barrier blocking wealth transfer. Without planning foreign nationals with U.S. assets worth over one hundred thousand dollars can lose close to half of those assets to estate tax.

The devastating effect of the estate and gift tax not only touches non-U.S. persons, but can also strike U.S. citizens. Without insight into the choices available, families can lose their business, be forced to sell memory laden assets to pay taxes and loose the rewards of a lifetime good fortune and hard work. We are experienced in dealing with the challenging tax issues that block individuals from preserving their wealth and achieving their goals.

Asset Protection =============================

You have worked hard to build your estate and accumulate assets. At Weissler Law Group we realize the importance of your efforts and provide clients with effective tools for asset protection. It seems that predators are more and more frequently using the legal system to extort money from blameless families and businesses.

Too often, people in dire financial straits look to victimize others to replenish their bank accounts. Personal injury claims always go up when times are hard. During tough times too many ordinary business disagreements escalate and become business threatening lawsuits. In these hard economic times, asset protection has added importance.

Protection against Catastrophes and Business Failures

Many people set up a business entity to insulate them from liability but fail to make sure it is managed properly, which leaves their non-business assets at risk. Professional practices often thoughtlessly leave receivables vulnerable to future claims within the practice. Substantial investment account owners often ignore how discoverable and tempting their assets are to financial predators and frauds.

We will closely examine your financial picture, identifying sources of liability and crafting a plan to safeguard your assets. We can also examine and modify your estate plan to protect your assets, after your passing, from your children's possible excesses or divorces. We focus on all three levels of asset protection which include:

* Asset & risk insulation
* Domestic asset protection
* Offshore asset protection

Protecting your assets may require putting certain assets into entities to give you the highest likelihood of maintaining control in the face of possible claims against you. You have worked hard to earn your assets and owe it to yourself to work with an experienced attorney to safeguard them. Contact us today to discuss your situation with an experienced attorney.

Protecting Your Assets With Effective Nursing Home Planning ================================

We utilize a number of tools to minimize the amount of assets you must expend when a family member requires nursing home or in-home medical care, while still ensuring your relative receives all needed care. These tools include:

* Guided permissible transfers
* Specialized trusts
* Care contracts
* Medi-Cal Medicaid Grants
* Intra-family qualified annuity agreements
* Intra-family promissory note sale transaction contracts
* Special needs and supplemental needs trusts

New rules make it critical that planning begin as soon as possible. The earlier planning begins the more assets can be preserved to raise an ill spouse's care to a higher level, to protect a well spouse and to preserve a parent's financial legacy. We focus on minimizing the financial hardships that a healthy spouse or family suffers when an ill spouse needs care. Nursing home planning can allow for assets to be preserved which would otherwise need to be used to pay nursing home costs.

Businesses Start-Up ==========================

Far too many business owners make the mistake of not coupling their hard work and often innovative business ideas with sound legal strategy. Failure to reinforce a business with a solid legal framework can make the difference between profitability and bankruptcy, between survival and collapse. At Weissler Law Group, we believe that skilled legal counsel not only helps businesses survive but also often make much more money them than it costs. We work closely with business owners, focusing on everything from business formation, entity maintenance, to sale or dissolution. We handle a broad range of issues for our business clients, focusing our practice primarily on the following:

* Buy-sell agreements
* Employment contracts
* Business incorporation
* Business succession planning
* Mergers
* Non-exploitation agreements
* Dissolution and windup

Selecting the right structure for your business is important for a number of reasons, including asset protection and taxation. Laying the proper groundwork between co-owners can mean the difference between the easy resolution of future disputes and business destroying arguments. We handle all aspects of start-up for our clients including:

* Drafting and filing of secretary of state documents, including articles of incorporation and annual registrations
* Obtaining federal employer identification numbers (EIN)
* Serving as your registered agent (RA)
* Drafting of internal documents such as shareholder and option agreements
* Buy-sell and business sale agreements
* Drafting and reviewing other business documents such as sales contracts and leases

Contract Law =============================

One of the most common pitfalls for a business owner is a failure to follow laws pertaining to contracts. You have worked too hard to build your business to allow contract problems to derail your progress. We have the experience necessary to make sure your contracts are legal and up to date, insulating your business from penalties and legal actions.