456 Montgomery Street,
Seventeenth Floor
San Francisco, California
94104-1250
Jill Hersh
Hersh FamilyLaw Practice, P.C.
456 Montgomery Street
Seventeenth Floor
San Francisco, California
94104-1250
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/or one of The Top 50 Female Super
Lawyers in Northern California in 2006, 2007, 2008, 2009, 2010 and 2011.
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
Volunteer Legal Services Panel
Minor's Counsel
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:
“Ethical Considerations in Appointing our Colleagues as Private Judges”: Family Law News, Official Publication of the State Bar of California Family Law Section, Vol. 31, No. 4. Discussing the ethical obligations of appointing colleagues as private judges in family law proceedings.
Download PDF | 5 pages | 373K
"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.
Download PDF | 4 pages | 643K
"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.
Download PDF | 6 pages | 645K
"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.
Download PDF | 5 pages | 593K
"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:
"Counseling the Counselor." Valuing Professional Practices and Licenses: A Guide for
the Matrimonial Practioner, publication by Aspen Publishers, 2012. Discussing the
issues that are particular to representing an attorney in a dissolution action.
"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:
The Rutter Group, November 2012. 2013 Family Law Update.
The Rutter Group, November 2011. 2012 Family Law Update.
The Rutter Group, November, 2010. 2011 Family Law Update.
The Rutter Group, September 2010. "Family Law Fees & Sanction Requests."
American Bar Association, August 2010. "Representing the Lawyer in a Divorce"
The Rutter Group, November, 2009. 2010 Family Law Update.
AAML 2009 Symposium, “How I Pulled a Rabbit Out of a Hat … Tips
from Trial Lawyers and a Mediator”, April 26, 2009.
The Rutter Group, December, 2008. 2009 Family Law Update.
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 Mmediation 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 Hearings.
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, Out In The Bay with Eric Jansen
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