- Divorce
- GuardianshipIn a conservatorship of the estate, a court-appointed conservator manages the financial affairs of a person who is substantially unable to manage his or her own resources, or who is unable to resist fraud or undue influence. The conservator’s primary responsibility is to conserve, manage, and use the conservatee’s property for the benefit of both the conservatee and those whom he or she is obligated to support. The conservatee must use ordinary care and diligence. The court may appoint a conservator of the person or the estate or both for an adult. The court may appoint the conservator of the person for a minor who is married or whose marriage has been dissolved, but the financial affairs of such a person are subject to a guardianship, not a conservatorship.
- Criminal Defense
- Theft
- Limited Liability CompaniesThe law office of Robert L. Risley has been engaged in these activities for 35 years. We have created hundreds of corporations and partnerships and more recently limited liability companies. But our strength lies in providing counsel and advocacy in daily operations to business men and women.
- Construction Contracts
- Unfair CompetitionWe also represent property owners before various municipal and regulatory agencies. Business litigation includes contract enforcement, computer law, unfair competition, trademarks, and banking. Our business representation includes negotiating terms and preparation of purchase and sale agreements, security agreements, U.C.C. filings, corporations, partnerships, and Limited Liability Corporations formation and dissolution.
- Wrongful TerminationWe also represent clients who have lost money in stock markets because of unauthorized trades or "churning." We handle wrongful termination and discrimination cases, and advise clients regarding pursuit of administrative remedies prior to litigation. Litigation is pursued in both state and federal courts.
- Employment ContractProhibitions against harassment because of race, religion, etc. are also stringent. But that leaves all other performance, condition and privilege issues free, open, discretionary and legal on both sides of the employment equation. That means, that the boss can tell you what to do, when to arrive and leave, what to wear and, within limits, how to act. It also means that you can object to any of these items. If there is disagreement, there is no employment contract. The boss or you simply say "goodbye". There is no breach. There is no unlawful employment practice.
- Real Estate Litigation
- Construction LitigationThere are other, numerous areas of the law affecting real estate, including subdivision, dedication, covenants, condemnation, construction contracts, mechanics, liens, etc.
- Real Estate TransactionsThe law of contracts is central to an understanding of real estate transactions. Rules relating to listing agreements, deposit receipts, options, escrow instructions, broker's commissions, and the like are not separate and distinct branches of law unrelated to the general body of contract law. They are merely a specialized part of it.
- Easement
- Landlord-Tenant DisputesLandlords and tenants are related through leases or rental agreements. A lease or rental agreement is a formal written document which grants exclusive possession or use of property to a tenant for a specified term and for a consideration with a reversion of possession to the owner at the end of the term, but it does not transfer title of the leased or rented premises to the lessee. The law of landlord and tenant rights of possession and eviction are highly controlled by statute in California and in most jurisdiction.
- Property Damage
- Personal InjuryFor more than 49 years, Robert L. Risley has advocated individual and company cases. At first, these causes were personal -- divorces and custody disputes, probate, personal injury claims, individual bankruptcy, and criminal defense. Soon thereafter, however, Bob began representing Sears, Roebuck, and company -- an association that was to last almost ten years -- in thousands of cases, and gradually began slanting his practice toward business litigation.
- Medical MalpracticeDuring this period, he represented a number of banks, serving as fiduciaries. He also handled several major lawsuits for companies and individuals against banks on claims of false and fraudulent appraisals and other irregularities. In recent years, his experience includes defending physicians charged with malpractice. Bob has tried a number of cases to successful conclusion in the business, trademark infrigment, and medical malpractice area.
- Estate PlanningThe Risley firm focuses on litigation, business, real estate, and estate planning. Typical of business litigation was our successful handling of a major lawsuit against a Northern California bank involving complex financial banking and real estate issues. We achieved a multi-million dollar verdict for our clients. A recent example involved a multi-million dollar, ten-year trademark litigation in federal court. Over the years, the judge developed a bias against our clients and granted an extraordinary number of pre-trial motions and motions "in limine" favoring our opponents. These pre-trial motions created enormous obstacles to a favorable jury verdict. In spite of these obstacles, a unanimous jury returned a verdict for our clients.
- WillsPlanning for life’s end is unpleasant, but we must do it nevertheless. What is needed is just a little time, a little guidance, and some thinking memorialized in a few documents. Death, for most, will be preceded by an unwelcome terminal illness with a loss of personal autonomy and incapacity, which may prevent us from thinking, talking, listening, walking, or driving as we can now.1 This unwelcome condition means that we will be placed in the hands of others to care for us. Care givers have innumerable decisions to make on our behalf. It would be helpful if you told them, “Look, here is what is important to me. Your decisions should be guided by my fundamental values and beliefs.” So start now to identify those values and beliefs, even if you already have a Will and Trust. Start by completing a Values Worksheet such as the one below. It will help in preparing Advance Directives, and help guide family, friends and health-care providers. VALUES WORKSHEET: You should consider your healthcare preferences listed in this table, and the questions which follow. Note your answers and give copies to your family and healthcare providers, or simply use the questions as “food for thought” and discussion.
- TrustsThese emotional issues are in addition to the need to comply with the decedent’s wishes. Passing a loved one’s wealth to his or her beneficiaries, and the next generation, is the purpose of Estate and Trust Administration. Unfortunately, family tensions often erupt into open hostility, exacerbated by dispositions which are perceived to be unfair.
- Power of AttorneyAdvance Health Care Directives (“AHCD”), California Probate Code §4270, et seq., are the primary legal tools for controlling end of life decisions and making your fundamental values and concerns known to family and healthcare providers. Advance Health Care Directives, which are also known as “Durable Powers of Attorney for Health Care” (“PAHC”), must be honored by all healthcare professionals, and under federal law must be kept with your hospital records. The Directive or Power of Attorney designates an “Agent,” or “Attorney-in-Fact,” or an alternate agent or attorney-in-fact, and names a “Conservator” or alternate conservator. It directs professional healthcare providers regarding your wishes if you are severely impaired, in a coma, or unable to make healthcare decisions whether temporarily or permanently. It should be prepared to reflect your values, religious preferences, and other life-long believes which would affect your care at life’s end.
- Probate
- Bankruptcy
- ForeclosureRepresentative transactional work includes advising clients and preparing documents regarding sales transactions, commercial leases, foreclosures, environmental due diligence, land usage and development.
- Tax LawFor medium to large estates, the decision must be made whether to utilize a living trust or a testamentary trust. These instruments contain basically the same estate tax planning provisions. However, a living trust requires that assets be transferred into the trust. If the trust has separate income it may need to file a fiduciary tax return. Whereas a testamentary trust does not require that anything be done until you die. A living trust avoids probate, whereas a testamentary trust requires some probate (community property set-aside order) upon the death of the first spouse and usually no probate on the death of the second spouse, depending upon the survivor's elections at the time.