David Keith Hicks

David Keith Hicks

Mediation/Arbitration, North State Mediation
  • Arbitration & Mediation
  • California, Maine, New York
Badges
Claimed Lawyer ProfileQ&A
Summary

broad experience across the country in complex civil matters of significance. experienced mediator, skilled listener. Served as a Superior Court Temporary Judge in San Francisco, Alameda, Contra Costa, Solano, and Siskiyou Counties. Former Adjunct Law Professor.

Practice Area
  • Arbitration & Mediation
Additional Practice Areas
  • Mediator
  • all areas of law, State & Federal
  • Civil litigation/business
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    initial mediation conferences free, as are two follow-up conferences if necessary.
Jurisdictions Admitted to Practice
California
Maine
New York
Languages
  • French: Spoken
Education
UC Davis School of Law King Hall
Law Degree
University of California - Davis
J.D. / civil & business trial practice (1972)
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Honors: Top 5% of attorneys by SuperLawyers & Martindale Hubbel, Million Dollar Advocates Forum, Humanitarian awards from Hellenic Law Society and City of Millbrae. Superior Court, Contra Costa County, for “significant and valuable contribution to this court and to the public.” Named as the East Bay’s top business attorney by the East Bay Business Times “Top Ten” lawyers in the East Bay as business attorney.
Activities: Rotary International since 1982. Chambers of Commerce and other non-profit boards of directors.
Awards
a.v. rating (very high ethical standards and legal ability)
Martindale-Hubbell Pre-eminent Attorneys
top 5% of California attorneys, inclusion in published list
Superlawyers
2005, 2007, 2008, 2009 (then moved to Siskiyou County)
Humanitarian Services
Modern Greek Studies Foundation
Given at Hellenic Law Society annual Banquet in San Francisco
Distinguished Law Career
City of Millbrae, California
Wiley W. Manuel Award (public service)
State Bar of California
The Wiley W. Manuel Award was established in 1989 by the State Bar of California. The late Justice Manuel served as a California Supreme Court Associate Justice from 1977-1981, following 23 years with the Attorney General's office, the last three of which were as chief assistant attorney general. Justice Manuel's legal career and his personal life were marked by a dedication to hard work, public service and the concept of equal justice for all segments of society.
Professional Associations
California State Bar # 53750
Member
- Current
New York State Bar, retired
trial lawyer
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Activities: civil rico, class-action, insurance
Speaking Engagements
Guest Speaker
Institute of Governmental Studies, UC Berkeley
Certifications
Mediation
Steven Rosenberg Mediation Course (40 hours)
Websites & Blogs
Website
Website
Legal Answers
7 Questions Answered

Q. (CA)What licenses, insurances, forms, do I need to have to hire/pay a 1099 sales rep for my consulting company?
A: Licenses: you need one and if the sales people are really an independent contractors, each needs to have their own business license. This is possible for "outside sales" people, like real estate agents working for brokers or newspaper carriers. Insurance: no one should run a business with liability and other insurance packages. You could be held liable when one of them kills an old lady in a wheel chair in a cross-walk crossing with the light, if your sellers had a bad driving record such as a DUI and you didn't check. Get an insurance BROKER and listen to the options for insurance. Forms: you need an independent contractor agreement. But there are big dangers in this. We have advised for decades on these issues. You better read the different criteria for independent contractors under state and also under federal law because you could STILL BE held liable as an employer. One way is by the government (or the facts) determining that these independent contractors are employees. Search under "independent contractor employee" and read up. If that happens to you, you will be crosswise with the IRS, the Franchise Tax Board and the Employment Development department (California) When you read the criteria for determination be aware that California lists a different number than the IRS and that California will find that any 3 of 15 (or whatever) suffice to make that person an employee--which is what the government wants as the hearing outcome. 1099s are ok for issuing to businesses, but when you issue them to people who have a small business you better have their tax id # before you sign a check. Theres A LOT MORE but this should get you off in the right direction.
Q. Civil Court: Rules, liabilities, and what to expect?
A: This is a humorous read. So, your sister and her dog were visited by your mom? Your mom went into the pasture and killed the goat? Really? That's what you indicate. You should go back and rewrite your question. The answers to your three questions are 1. Yes unless they neighbors filed in small claims court. 2. The neighbors were never obligated to accept an offer. 3. Yes because they have the burden of proof. Who owned the other two dogs, because you may be putting this on them. Are you sure this is not a law student playing a prank, I had to ask myself when I read it. Sounds like it.
Q. How can, Terms of Service, be binding when most people can't understand what they are agreeing too?
A: No. Lots of people don't read contracts they sign and so can't say for certain what is in them. Donald Trump says he signs thousands of leases without reading them. Even lawyers don't always understand contracts, though there are basic conventional terms and conditions we put into them.
Q. What steps should I take if my contract was signed but not by me?
A: maybe you have a desperate for a commission sales person, or a predatory company to deal with. Did you put down a deposit but refuse to sign anything? Start by calling the finance company back and get their address so you can write to them to disavow that you ever signed the contract. then call the company rep and inquire. If that is unsatisfactory, call back and ask for the store owner or manager. Go in in person and ask for your deposit back. Do this immediately. Delay will work against you. If this leaves you still unresolved, file a small claims court action and name the salesman, the company and the finance company as defendants. Some courts will serve the suit on the defendants by mail. When you fill out your complaint, ask for the maximum applicable amount and indicate it covers fraud, unfair credit practices, conversion of your deposit funds, emotional distress and breach of contract.
Q. If a noncitizen from mexico was caught smuggling noncitizens into the u.s and it's on his record can he re-enter legally
A: You need an immigration lawyer. You can find them categorized in the phone books for the area you live in. These laws change, and are currently in flux, so a general practice lawyer won't have the answer. Expect to make several calls before you give up. The current administration is going to be unsympathetic, so just asking isn't going to get you anywhere.
Q. I reported Elderly abuse by a 44 yr. old daughter who is now ferrious with me has the mother filing charges. Help where?
A: If charges are filed get a criminal defense attorney. Anyone with experience would suffice, but one with a good relationship with the DA's office might find helping you easier. YOU can report elder abuse to the District Attorney's Office in your County. Report the abuse you perceive to the County Adult Protective Services Agency in the County where your friend lives.
Q. Under these circumstances who or what type of attorney would I look to ask for help
A: Did your mother have a will, a living or family trust? How did she and step-father hold title? Typically one finds joint tenancy or tenancy in common. Some times title is held as community property. You don't say what state you are in. Married couples that care about each other first are best off holding, in community property states, title as Community Property with Right of Survivorship. Most of the above tenancies result in property going to the spouse. Were you told anything by your mother about her intentions? Do you have a letter from her about such things? You might get a stronger answer if you ask again, including those items mentioned above. Good luck. David Hicks
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Contact & Map
North State Mediation
PO Box 562
Dunsmuir, CA 96025-0562
USA
Telephone: (530) 235-0235
Cell: (510) 517-2622