Justia Legal Services & Lawyers Directory

An honors graduate of UC-Berkeley and Harvard Law School, Neil Shouse served five years as Deputy District Attorney for Los Angeles County. He prosecuted more than 60 criminal trials, and handled more than 1,000 evidentiary hearings. He earned a reputation as one of the toughest and most successful trial prosecutors, with an astounding 96% success rate in felony criminal jury trials to verdict.

As a trial prosecutor, Mr. Shouse's cases ranged from DUIs and drug charges to complex, high profile murders. He worked in close partnership with police, detectives, the California Highway Patrol, criminalists and fellow prosecutors.

Among his cases was the successful prosecution of Shadae Schmidt, a college student who shot and killed her mother and then staged a fake robbery scene. Shadae Schmidt was defended at the trial by Michael Jackson lawyer Thomas Messereau.

Mr. Shouse frequently speaks as a guest legal commentator on national television. He has appeared on Good Morning America, CNN, Court TV, Fox News Channel and Public Television.

Prior to serving as a trial prosecutor, Mr. Shouse was a litigator for several of the nation's top law firms, including the global law firm Sidley Austin Brown & Wood. In that role, he represented such clients as AT&T, Microsoft, Metropolitan Life, Western Union and KPMG.

Ethical family law and divorce attorney, handling high conflict divorces, but also amicable & simple situations where we charge affordable flat fees to do it right!

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.

Presiding Artibrator of the State Bar of California (2006-2008). California State Bar Committee on Mandatory Fee Arbitration (2001 – 2008; Chair 2004-2005; Vice Chair 2002-2004). California State Bar Committee on Judicial Nominees Evaluation (2009- ). Vice chair, Bar Association of San Francisco Committee on Arbitration and Mediation of Fee Disputes (1996 - present). Board of Contributors, Medical Malpractice Law & Strategy, affiliated with New York and National Law Journals (1983-90). Editorial Board, San Francisco Attorney, Bar Association of San Francisco (1991-1995). Chair, Section on Insurance, Negligence & Compensation Law, Bar Association of San Francisco (1971); Vice Chair, California State Bar Committee to Confer with the California Medical Association (1979-1980); Vice Chair, Medical-Legal Liaison Committee, Bar Association of San Francisco (1970); Chair, CTLA Legal Students Committee (1970).
Administrative Law Judge pro tem, California Office of Administrative Hearings - Keyhea hearings regarding involuntary administration of psychiatric medications to prison inmates (1998 - 2003). Judge pro tem, San Francisco Superior Court, civil jury trial, settlement conferences, small claims appeals (1991-1997). Nevada County Municipal Court,small claims (1996 – 2004). Advisory Committee on Voir Dire, Judicial Council of California (1988-1992), established originally by statute as California Task Force on Voir Dire; coauthor of standardized Juror Questionnaire for Civil Cases adopted by California Judicial Council (form MC-001) (1993). Member, Private Judging Advisory Panel, Institute for Social Analysis (1991). Lawyer delegate to Ninth Circuit Judicial Conference, Seattle, Washington (1969).
President, California Trial Lawyers Association (now CAOC) (1980); Vice President (1978 and 1979). Chair, California Trial Lawyers Association Amicus CuriaeCommittee (1982, 1985 and 1986, member 1974-1976, 1978, 1980-1986). Assistant Editor, California Trial Lawyers JOURNAL (1970-1977); Board of Governors, California Trial Lawyers Association (1976-1986); chair, California Trial Lawyers Association Committee on Malpractice Law Litigation (1976). Board of Governors, Western Trial Lawyers Association (1983-1986). Chair, State Legislation Subcommittee, Association of Trial Lawyers of America (1981-1982); Vice-chair, ATLA Administration Department (1983); member ATLA Board of Governors, (1980-1983). Consultant to Nevada Trial Lawyers Association before Assembly Judiciary Committee of the Nevada legislature (1985). Consultant to Alaska Bar and Trial Lawyers Associations to Alaska Governor's Commission on Medical Malpractice (1975). Member, National Academy of Elder Law Attorneys (2005).
Assistant Professor of Law [adjunct faculty], University of California Hastings College of the Law, 1971-1984, teaching courses in Legislation and Legislative Advocacy, Government Tort Litigation, and Trial Practice. Faculty member: National College of Advocacy, Association of Trial Lawyers of America, Reno, Nevada, 1981; Civil College of Advocacy, San Francisco (Hastings College of the Law) 1978. Instructor, "Law for the Layman," YWCA of San Francisco, 1965. Teaching Assistant, Department of Speech, University of California, 1961-1964. Frequent lecturer. Author of two books, two course texts for courses taught at Hastings College of the Law, and over two dozen articles. Invited lectures for more than two dozen professional organizations on a variety of professional topics.
Legal Experience
From 1965-2005: full-time preparation and trial of civil cases including professional liability (with emphasis on attorney or physician malpractice), attorney fee disputes, business and real estate, insurance carrier liability (in particular insurance bad faith claims), technical liability, personal injury, product liability, construction defect, elder financial abuse, and other types of damages litigation in California Superior Courts, Nevada District Court, and the United States District Court.
Appellate practice includes approximately fifty cases before the California Courts of Appeal and Supreme Court, Nevada Supreme Court, United States Court of Appeals for the Ninth Circuit, and -- in 1968 -- the United States Supreme Court. Appellate cases of interest include:
American Bank and Trust Company v. Community Hospital of Los Gatos-Saratoga, Inc. (1984) 36 Cal.3d 359; briefed and argued (and reargued) before the California Supreme Court on behalf of amicus curiae California Trial Lawyers Association testing the constitutionality of the 1975 Medical Injury Compensation Reform Act.
Edwards v. Pacific Fruit Express (1968) 390 U.S. 538, 20 L.Ed.2d 112, 88 S.Ct. 1239.
Chambers v. Kay (2002) 29 Cal.4th 142.
Gallo v. Peninsula Hospital (1985) 164 Cal.App.3d 899; limited use of undisclosed expert witnesses.
Gampell v. Superior Court (1982) 33 Cal.3d 242; established the authority of the Governor to fill appellate court vacancies authorized by the Legislature.
Nogueiro v. Kaiser Foundation Health Plan (1988) 203 Cal.App.3d 1192; establishing arbitrators' authority to determine law applicable to arbitration awards.
Price v. Shell Oil (1970) 2 Cal.3d 245; expanded the product safety doctrine of strict liability to apply to leased products.
Ramirez v. Superior Court (1980) 103 Cal.App.3d 746; prohibited enforcement of arbitration agreements involving individual patients where the patient did not knowingly and voluntarily agree to arbitration.
Truman v. Thomas (1980) 27 Cal.3d 285; expanded the doctrine of "informed consent" in medical malpractice cases.
Recognition of Experience certificates: "Professional Negligence," "General Trial Lawyer," and "Products Liability," California Trial Lawyers Association, 1979.
Personal
Recent community activities: Commissioner, Palm Desert Rent Review Commission, 2006 - (vice chair 2008); Commissioner, Town of Truckee Planning Commission, (1999 - 2001); Tahoe Donner Association Governing Documents Revision Committee (1997- 2000); Tahoe Donner Architectural Standards Committee (alternate 1997-1999, member 1999 - 2000); USTA NorCal certified umpire (1998 - 2000);Tahoe Donner Tennis Club Board of Directors (1997-1999).
J.D., University of California (Boalt Hall, 1964); A.B., "Communications and Public Policies," University of California (Berkeley, 1961). Course certificate, Aircraft Accident Investigation, Institute of Aerospace Safety and Management (University of Southern California, 1969). Admitted to practice: California Bar, U.S. Court of Appeals for the Ninth Circuit, and United States District Court for the Northern District of California (1965); United States District Court for the Eastern District of California (1982); United States District Court for the Central District of California (1998); United States Supreme Court (1968). Mediation training: Commercial Mediation, 40 hours, ADRA (1994); Commercial Arbitration, 7 hours, American Arbitration Association (1994); Fee Dispute Mediation and Arbitration, Bar Association of San Francisco, 11 hours (1992, 1995 and 1996); Advanced Mediation, 13 hours, John Paul Jones Group (1997)
Conseiller, Confrerie des Vignerons de Saint Vincent Bourgogne et Macon USA (1984-1990). Vice President, United Nations Association of San Francisco (1969-1970). Vice President, Medical & Professional Society (1977; Director 1978-1979)). Life member, Sierra Club and East African Wild Life Society.
Countries visited: Antigua, Australia, Austria, Barbados, British Virgin Islands, Canada, Comoros, Costa Rica, Denmark, England, Fiji, France, Germany, Greece, Grenada, Guadeloupe, Haiti, Hong Kong, Ireland, Italy, Jamaica, Kenya, Martinique, Mauritius, Mexico, Morocco, Netherlands, New Caledonia, New Hebrides [Vanuatu], New Zealand, Portugal, St. Lucia, St. Martin, Seychelles, Singapore, South Africa, Spain, Switzerland, Tahiti, Thailand, Trinidad, Tunisia, and Turkey.
Born April 20, 1940, San Francisco. Wife: Ruth. Children: Leah and Jessica.