Family Law
The office emphasizes the field of family law, an area in which Mr. Mitchell has 45 years’ experience, including dissolution, legal separation, custody and visitation, support, property division, and post-judgment matters involving enforcement or modification of previous orders or agreements, as well as domestic partnerships and paternity actions.
The office is settlement-oriented; Mr. Mitchell’s style of practice is to encourage and assist achieving agreements between the parties whenever possible, especially in the areas of custody and visitation, as he believes it to be of the highest importance to spare children as much as possible the emotional distress and disruption which inevitably comes with a dissolution or legal separation. The greater the extent to which the parents are able to put the best interests of the children ahead of their own and to work together toward that end the better the children will come through the proceedings, and that is always Mr. Mitchell’s primary goal in any case in which there are minors.
In addition, in the areas of support and property division he makes every effort to bring the parties together in the spirit of compromise and in the interests of minimizing costs and time consumption to achieve a marital settlement agreement that is fair to both sides while preserving his client’s legal rights.
Divorce or legal separation may be unavoidable; nonetheless, working together in good faith to get through a difficult time can do much to avoid legal expense and long-term emotional damage. Mr. Mitchell does not approach family law cases as wars to be won, but rather as problems to be solved.
Estate Planning:
The office is also highly experienced in the field of estate planning, including the preparation of wills, living trusts, powers of attorney, as well as the creation and administration of conservatorships and guardianships, which are both under the jurisdiction of the Probate Division of the Superior Court.
Mr. Mitchell has been advising clients and creating estate plans to suit their individual needs for over 25 years, and the office prides itself on client service and promptness in the preparation of appropriate documents. Normally when Mr. Mitchell has met with clients in his office to discuss their particular needs, has answered all their questions and received from them all the necessary information he is able to prepare the will or living trust, powers of attorney and necessary associated documents within a week, ready for client review and signing.
We are also skilled at handling the probate of wills and the establishment of conservatorships and guardianships as well as adoptions, both independent and step-parent.
Criminal Law:
While Mr. Mitchell has represented defendants in a wide variety of criminal matters over the years the office primarily handles matters involving DUI and other vehicle code-related matters as well as domestic violence cases. He has established a good working relationship with the District Attorney’s Office and is able to deal with prosecutors in such a way as to put his client’s situation in the best possible light in order to achieve an outcome which resolves the case fairly and with the preservation of the client’s legal rights while keeping the cost both in terms of time and money firmly under control.
Other Areas of Practice:
As a general practitioner for over 33 years Mr. Mitchell is experienced in many areas of general law including business contracts, property sale documents, advocacy before governmental agencies (he has represented clients before the Santa Clara County Board of Supervisors, several city councils, the Alcoholic Beverage Control Board, and the Department of Motor Vehicles), and issues involving the creation and administration of corporations and limited liability companies.