Calvin A. Knickerbocker III Lawyers, want to be a Justia Connect Pro too? Learn more ›

My career in law is driven by a commitment to advocacy, particularly in the realm of personal injury and bankruptcy within Oregon. My professional journey has equipped me with the acumen necessary to navigate the complexities of litigation, ensuring that those injured due to negligence receive the justice they deserve.

I leverage my experience as a Senior Litigation Associate at a nationally recognized firm, where I managed intricate cases across various jurisdictions. My approach is strategic, combining legal expertise with empathetic client interaction to ensure each case receives the attention it merits.

Before dedicating my practice to personal injury, I provided expert counsel in bankruptcy and litigation, which honed my skills in financial recovery and legal disputes. This background uniquely positions me to handle personal injury cases with a comprehensive understanding of both the legal and financial implications for my clients.

My academic journey includes a Juris Doctor from Santa Clara University School of Law and a Bachelor of Science in Political Science from the University of Oregon. My commitment to continuous professional development is reflected in my certification in Advanced Accounting, which enhances my ability to address the often complex compensation aspects of personal injury claims.

I am admitted to practice in Oregon, California, the Federal District of Oregon, and the 9th Circuit Court of Appeals. My jurisdiction also extends to tribal courts, showcasing my versatility and dedication to serving diverse communities. Currently, I am in the process of seeking admission to Washington State Courts.

My practice transcends legal battles; it's about restoring lives. My work in personal injury advocacy in Oregon focuses on delivering not just legal victories but also on providing support and guidance through what can be overwhelming times for my clients. With me, clients find not just an attorney, but a dedicated advocate

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California

State Bar of California

ID Number: 224327

2003-2018

Oregon

Oregon State Bar

ID Number: 050110

Since 2005

University of Oregon

B.S.

Honors: Dean Scholar, President Alpha Tau Omega

Santa Clara University School of Law

J.D. (2001) | Law

1998 - 2001

Gordon Janney Professional Leadership Award

ATO

1997

Oregon State Bar  # 050110

Member

Current

National Association of Consumer Bankruptcy Attornies

Member

2006 - Current

California State Bar

Member (Inactive)

2003 - Current

Foreclosure Trends in Litigation, Mortgage Bankers Association Conference, San Diego, CA

October 17, 2013

Mortgage Bankers Association

I highlighted the shift towards digital foreclosure processes, emphasizing the need for robust cybersecurity to protect sensitive data. I also discussed emerging case law that's reshaping how foreclosure defenses are mounted, focusing on lender accountability and borrower rights.

Advanced Accounting

Santa Clara University

2000

Q. I would like to talk with a lawyer to assist me with a Simple Estate Affidavit

September 20, 2024

A: In Oregon, if the total value of the decedent's probate estate (assets that don't pass by beneficiary designation, joint tenancy, or payable on death) is less than $75,000, you can indeed use the Simple Estate Affidavit to transfer assets. However, since all her assets were jointly held, there might not be any probate assets to transfer via this method. While your wife had a will, since all her assets were jointly held, the will might not have any practical effect unless there are specific bequests or instructions that need to be followed. Given the emotional and potentially complex nature of settling affairs after a spouse's death, it might be wise to consult in person with an attorney to:

1. Confirm that no probate action is necessary.

2. Ensure you are not personally liable for any debts.

3. Address any specific instructions in the will or other legal documents.

Good Luck and sorry about her passing. ... Read More

Q. Can my building force me to pay for and use a trash service that was not included in my original lease addendum?

September 19, 2024

A: Are you month to month or under a long term lease? If the lease addendum lays out the specific service that they provide (leave trash outside your apt and we pick it up each night, or some such) then that's what they need to provide for the term of your lease. If they aren't able to provide that service then a new addendum would need to be added with a increase/reduction in cost for the service you provide. It becomes more difficult if you are month to month.

Q. Can I file a Breach Of Fiducary duth in my county?

September 18, 2024

A: Given your scenario and the general principles discussed, here's how you might approach filing a breach of fiduciary duty claim in Oregon:

Venue for Filing:

Probate Court: If your claim directly involves the administration of your mother's estate or the duties of an executor or trustee appointed in her will or trust, filing in probate court might be appropriate. Probate courts in Oregon have broad powers over estate administration, including the authority to surcharge a fiduciary for breach of duty (ORS 111.095).

Circuit Court: For broader civil claims that might not strictly fall under probate jurisdiction or if you're seeking remedies beyond what probate court might typically handle, filing in circuit court could be considered. This could include claims for damages that extend beyond estate assets or involve third parties not directly tied to the probate process.

Filing in Your County:

Jurisdiction and Venue: While probate matters generally start in the county where the decedent resided or owned property, Oregon law might allow for venue in your county if there's a significant connection (like if you're the only heir and the estate's assets are there). However, this would need to be justified based on Oregon's venue statutes or case law, which might require legal research or advice.

Legal Basis:

Breach of Fiduciary Duty: Oregon law recognizes fiduciary duties in estate administration. If the executor or trustee failed in their duties (e.g., not providing accountings, mismanagement of assets, self-dealing), this could constitute a breach (ORS 114.395).

Steps to Consider:

Consult Legal Counsel: Given the nuances between probate and civil actions, consulting with an attorney familiar with Oregon probate and fiduciary law would be crucial. They can provide specific advice on venue, whether to file in probate or circuit court, and how to frame your claim.

Gather Evidence: Collect all documentation related to your mother's estate, communications with the fiduciary, and any evidence of mismanagement or breach.

Filing: If opting for probate court, you might file a petition for an accounting, removal of the fiduciary, or surcharge. For circuit court, you'd file a complaint for breach of fiduciary duty.

Conclusion:

While there's a basis for filing in your county if justified, the choice between probate and circuit court depends on the nature of your claim. Probate court is equipped to handle fiduciary duty breaches related to estate administration, but for broader civil claims or if seeking extensive remedies, circuit court might be more appropriate. Always ensure your legal strategy aligns with Oregon's specific statutes and case law, which might require direct legal consultation for the most accurate guidance. While this is general information you should reach out to an attorney near you to run over your specifics. ... Read More