| The Hersh FamilyLaw
Practice is a trial and appellate practice dedicated to addressing
legal questions and problems in complex and high asset family law
matters. We commit ourselves to providing thorough and creative representation
in the forum most suited to our clients’ needs and providing
each client with professional support suited to her/his individual
needs.
Our family law practice includes litigation, appeals, mediation,
and private case management. We prepare prenuptial and postnuptial
agreements. We offer consulting services to our clients who are
attending mediation with a third professional and to other attorneys.
We understand that many family law matters involve both financial
issues and issues related to the continuing parent/child and co-parenting
relationship. We believe that the financial issues and parenting
issues should be addressed in distinct ways since each reflects
a very different constellation of issues, worries, concerns, and
legal standards.
We have many years of experience litigating complex community property
problems. Our analysis and representation have included the characterization,
tracing, division, or valuation of a wide range of assets and businesses.
These include various assets and investments, unique current or
deferred compensation for personal services, stock option or restricted
stock grants, venture capital enterprises or partnership interests,
real estate developments or investment companies, and manufacturing,
retailing, warehousing, wholesaling, investment, and service businesses.
We utilize or collaborate with other professionals as consultants
or experts when appropriate. These other professionals may be accountants,
economists, business valuators, business consultants, brokers, appraisers,
auctioneers, psychologists, or attorneys from other practice areas
or jurisdictions. We also collaborate with our clients’ other
professionals.
We represent parties in co-parenting or custody disputes. We believe
that each family has unique emotional or psychological needs that
affect the parties and their children. We also believe that the
assistance of a mental health expert may provide support for our
clients as they go through a difficult transition and may help ameliorate
the impact on the child or children of our clients’ dissolving
relationship. We also refer to mental health experts to assist us
and our clients in understanding what is in the best interests of
the child or children.
Our legal services in co-parenting and custody matters will vary
depending upon the most constructive approach for our client’s
family or the legal necessities created by our client’s particular
problems. This may include assisting our client to manage the transition
from a single household to two households in a decent and constructive
way for the child or children. This could include representing a
client emerging from or participating in a high-conflict dispute
with the other parent on matters related to the child or children.
In some instances, we may be involved in cases in which one of the
parents wishes to move-away with the child or children from the
locus of the parties’ marriage and residence. From time to
time, the dispute may include international custody questions involving
Hague Convention or non-Hague Convention countries.
HFLP does appellate work. We have appeared before the Appellate
Courts of California, the Supreme Court of California, and the Supreme
Court of Vermont. We do the trial and appellate work for our clients
and are available as appellate counsel in matters we have not handled
at the trial level.
Our firm does transactional work for parties entering into intimate
relationships or seeking to make agreements after the marriage has
occurred. This work may include prenuptial agreements or post-nuptial
agreements. These documents are as varied as the needs of our clients
and, while we attempt to draft in accordance with current concepts
of enforceability, always are provided subject to the warning that
efficacy can not be guaranteed and is subject to future changes
in the law or a future court’s equitable ideas of fairness
or fair dealing.
Mediation is part of our practice. We provide mediation services
to couples when appropriate. Some of our clients are attending mediation
and using our services as outside consultants.
Case management is utilized for complex cases in which there is
a high probability of volatility or high motivation to cooperate
and the marital estate involved substantial assets or complex property
questions. A private judge is retained and the parties agree to
a procedure for dispute resolution either by voluntary ongoing settlement
discussions or trial of discrete issues that are a threshold to
settlement.
Our firm provides pro bono services.
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