Jill Hersh
Hersh FamilyLaw Practice, P.C.
One Maritime Plaza, Suite 1040
San Francisco, CA 94111
415-788-2200 (telephone)
415-394-0222 (fax)
jhersh@hershfamlaw.com (e-mail)
www.hershfamlaw.com
Fellow of the American Academy of Matrimonial Lawyers
Certified Family Law Specialist
State Bar of California
Board of Legal Specialization
Received California Lawyer's 2006 Attorney of the Year
Award (CLAY) for her work in Family Law, 2006.
Named one of The Top 100 Super Lawyers and one of The Top 50 Female
Super Lawyers in Northern California in 2006, 2007
Recipient of the Clara Foltz Feminist Association Distinguished
Career Recognition, Hastings College of the Law, April 2004
Areas of Practice:
Family Law Litigation, Appeals, Mediation, Private Adjudication,
Consultation, and Teaching.
The Hersh FamilyLaw Practice is a trial and appellate practice that
addresses the problems and issues of complex and high asset property
matters, high-conflict custody or co-parenting disputes, and same-gender
parentage and domestic partner cases. We work on an inter-disciplinary
basis with other professionals from the legal, financial, and mental
health sector to provide support or assistance for our clients.
We provide settlement services as private mediators and as panelists
for the Marin County and San Francisco County Superior Courts and
work as consultant to other attorneys. Our firm offers settlement
services in our adjunct office facilities in Sonoma County.
Education:
- University of California at Berkeley
B.A., Cum Laude in Religious Studies, 1974.
- University of California Hastings College of the Law
J.D., 1977
Mediation Training:
Center for Mediation in the Law by Gary Friedman, 1985
Pro Bono Settlement Services:
Settlement Panelist
Department of Domestic Relations
Superior Court of San Francisco County
Bench/Bar Settlement Panelist
Department of Domestic Relations
Superior Court of Marin County
Published Decisions:
K.M. vs. E.G. (2005) 37 Cal.4th 130
Lead trial and appellate counsel establishing natural, legal parental
rights of same-sex parents who jointly procreate using reproductive
technology and raised the children together.
In re the Marriage of Christian De Guigne and Vaughn De Guigne.
(2002) 97 Cal.App. 4th 1353, LEXIS 4034
Lead trial and appellate counsel. Approving off-guideline, above-guideline
child support based on assets.
In re Guardianship of Olivia J. (2000) 84 Cal.App. 4th
1146
Lead trial and appellate counsel. Permitting de facto parents
access to judicial review through guardianship proceedings.
Estate of MacDonald. (1990) 51 C3d 262
Lead trial and appellate counsel. Defining legal requirements
for achieving a post-nuptial transmutation of the character of property.
Articles:
“The State of the Union on Stock Options in Marital Dissolutions.”
Written in 2006. Publication pending.
"Sure and Swift Relief: The TRO": Family
Advocate, Official Publication of the American Bar Association,
Family Law Section, Vol. 20, No. 3. Discussing the process
of obtaining appropriate restraining orders in family law proceedings,
including personal and property restraints, from initial assessment
of client needs to submission to court.
"Stock Options: The Sequel": Family
Law News, Official Publication of the State Bar of California Family
Law Section, Vol. 20, No. 2. Discussing the tax consequences
of stock options and proposing model language for the division of
options in a Marital Settlement Agreement.
"Analysis of Time Rule and Characterization of Stock Options",
Family Law News, Official Publication of the State Bar of California
Family Law Section. Vol. 18, No. 4. Discussing the legal history
of time-deferred benefits and the characterization and allocation
of stock options.
"Judicial Case Management" in Family Law Litigation,
California Trial Lawyers Association, 33rd Annual Convention.
Discussing the innovation of judicial case management with proposed
stipulated language placing a case in judicial management and defining
the perimeters of the process.
"Breach of the Physician/Patient Privilege",
California Trial Lawyers Association Journal, Vol. 17, No.1, 1978.
Discussing the civil liability of a treating physician who provides
evidence contrary to the interests of his/her patient.
Books:
"Family Law Module, Marital Settlement Agreements",
California Transaction Forms. Bancroft Whitney, 1998.
Substantive text on the provisions of Marital Settlement Agreements,
model language for Marital Settlement Agreements, and practice pointers
in the drafting of Marital Settlement Agreements. Recent Developments
and Legislative Changes in Family Law", Tax Aspects
Chapters:
"Recent Developments and Legislative Changes in Family
Law", Tax Aspects of Marital Dissolutions, publication
by the National Business Institute, Inc., 1993, 1994, and 1995.
Discussing annual updates of recent changes in the field of dissolution
and taxation.
"Tax Treatment of Maintenance and Separate Maintenance
Payments", Tax Aspects of Marital Dissolutions, publication
by the National Business Institute, Inc., 1993, 1994, and 1995.
Discussing the Internal Revenue requirements and disallowances relating
to child support, spousal support, and family support.
"Ethics as it Relates to Tax Consequences in Divorce",
Tax Aspects of Marital Dissolutions, publication by the National
Business Institute, Inc., 1993, 1994, and 1995. Discussing
the ethical considerations entering into the attorney/client relationship
as it relates to taxes in a dissolution.
Instructional Speaking Engagements:
Hastings Women’s Law Journal, 19th Annual Symposium, “Family
Frontiers: Emerging Legal Issues in the Post Nuclear Era”,
February 7, 2008.
The Rutter Group, November, 2007. 2008 Family Law Update
Continuing Education of The Bar, November, 2007. Parental Alienation
Syndrome.
The State Bar of California, 80th Annual Meeting, “Case Management
in Family Law”, September 28, 2007
The Bar Association of San Francisco and The Mediation Society,
June 2007. Meeting Mediation Challenges: How Advocates and Mediators
Overcome Obstacles to Settlement.
Continuing Education of The Bar, January 2007. Analyzing Transmutation
and Separate Property Contribution Issues.
The Rutter Group, November, 2006. 2007 Family Law Update
Guest Lecturer; Bennington College, Bennington, Vermont, November,
2006. Democracy Project; Guest lecturer in the class, “Democracy
and the Rule of the Law: Hard Cases” And “America and
the World Art of Negotiation and Mediation”
Guest Lecturer, Boalt Hall School of Law, October 2006. Family Law
Seminar
AAML Trial Practicum, October 2006. American Academy of Matrimonial
Lawyers Northern California Chapter. Teaching Evidence, Opening
Statements.
The Rutter Group, November 28, 2005. 2006 Family Law Update.
Santa Clara County Bar Association, November 18, 2005. Appellate
Frontiers in Parentage Cases in the California Supreme Court.
The Rutter Group, September 22, 2005. Prosecuting and Defending
Contempts in Family Law.
Young Family Lawyers Group, April 27, 2005. Practicum Series - Pendente
Lite Hearing.
Continuing Education of the Bar, November 2004. 2004 Family Law
Symposium -Family Law Dispute Resolution.
The Rutter Group, April 1, 2004. Attorney Fees in Family Law Cases.
Association of Certified Family Law Specialists, February 13, 2003.
Stock Options.
Golden Gate University. October 2, 2002. Pre-Trial Motions.
Unified Courts for Families Symposium. September 23-25, 2002. Family
Law Case Management.
Association of Certified Family Law Specialists. April 18, 2002.
Seven Trial Preparation Strategies.
Marin County Family Law Bar. February 7, 2001. Discussing the characterization
of stock options in dissolution proceedings.
Legal InCite Talk Show, Radio 1220 AM KBZS. June 3, 2000. Interview
by Peter Keane. Discussing the evolution of the law and same gender
parenting issues.
Adjunct Professor of Community Property Law. Hastings College of
the Law. 1996-1999.
Statewide Offices of the Department of Family Court Services. Plenary
Session of the Bay Area Regional Conference. 1997. Discussing the
use of power in Family Court Services and in the legal and psychological
environment of co-parenting disputes.
Executive Committee of the Family Law Section of the Bar Association
of San Francisco. November, 1997. Child custody and timeshare in
same-gender parental disputes or separations.
Association of Certified Public Accountants. November, 1997. Discussing
the characterization, division, and tax consequences of stock options
as a marital asset in a dissolution proceeding.
San Francisco Lawyers Club Inns of Court. 1997, 1996 and 1995. Trial
practice instructional programs.
Association of Family and Conciliation Courts, Northeast Regional
Conference, Fall, 1996: Cultural Aspects of Domestic Violence. Discussing
the inter-relation of culture and the stressors associated with
the immigrant experience of Asian families and the interplay of
these factors as they relate to domestic violence.
Alternative Dispute Resolution Committee of Certified Public Accountants,
Joint Meeting of the ADRC of San Francisco and the East Bay. 1996.
Discussing the use of mediation and case management in dissolution
actions.
Continuing Education of the Bar. 1995. Discussing the characterization,
valuation, and division of community property.
National Business Institute: Tax Aspects of Marital Dissolutions.
1995, 1994, and 1993. Discussing the tax aspects of support provisions,
ethical conduct, property divisions, and current legal decisions
in the area of marital dissolutions.
California Trial Lawyers Association. 1994. Discussing the use of
judicial case management in marital dissolutions.
San Francisco Trial Lawyers' Association. Discussing child custody
cases in the early 1980's before the maturation of the mediation
process in custody disputes.
Trial Advocacy for Women. 1984. Teaching courtroom skills for effective
trial advocacy in marital dissolutions.
Media Engagements:
“Good Morning America”, ABC, March 24, 2004.
“Forum with Michael Krazny”, NPR, 2003.
Other radio programs: KGO with Pete Wilson, NPR Virginia, NPR Utah,
NPR San Francisco, NPR Santa Cruz, Talk America/ Liberty Broadcasting,
Fox News, AP All News Radio, Voice of America, The Lars Larson Show
Professional Organizations:
American Academy of Matrimonial Lawyers of Northern California
Chair of Community Relations Committee, 2005 and 2006
Executive Committee of the Family Law Section
Bar Association of San Francisco
Secretary, 1997
Chair, 1998
Chair of Education Committee, 1999,
2000
Organize and sponsor Brown Bag educational
lunches
Inns of Court, San Francisco Lawyers Club
Mentoring Program, Counselor, 1995, 1996,
and 1997
Lawyers Club of San Francisco
Delegate to the State Bar
San Francisco Trial Lawyers Association
Board of Governors, 1980-1985
Association of Family and Conciliation Courts
American Bar Association
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