Experience. Judgement. Efficiency. When you hire Robert, you will receive principal level attention to your matter. In litigation matters, we always attempt to work with opposing counsel in getting to the heart of matters quickly and efficiently. For example, in most cases we propose pretrial agreements modeled on the Susman protocols, which if adopted often serve to avoid disputes and save time and money. A template of our proposed pretrial agreement can be found here. We use up to date technology to support your matter including Westlaw legal research databases and Case Map case management software.
We listen, ask questions, consider, and then advise. Each client and situation is different. There are many factors that must be considered when a lawyer advises the client on the best way to resolve a dispute or any other type of legal matter or question. These factors include assessing your goals, the legal side (i.e. the strengths, weaknesses, likelihood of prevailing, and provable damages), the practical side (the financial and opportunity costs involved in the various possible alternatives), and the emotional side (evaluating various personal factors and motivations in the dispute). Once these factors are identified, they need to be evaluated through a prism of experience, judgement, and practicality. We collaborate with you in these evaluations in order to make the most informed decisions.
We fight hard within the rules of ethics and professional responsibility. As Officers of the Court, lawyers are permitted broad authority to file and prosecute and defend lawsuits and by exercising such powers can affect the business and personal lives of persons related to such cases. For example, lawyers are permitted to subpoena documents and take depositions where persons can be forced to answer questions. Because of this power, states, state bar associations, and the courts have promulgated rules and regulations to ensure lawyers do not overstep and abuse their power. Lawyers are duty bound to honor these ethical and professional responsibility rules. Lawyers that do not play by the rules are most often discovered and their clients exposed to their detriment (for an interesting recent example involving 7-eleven’s franchise attorneys getting caught concealing important evidence read here).
We handle emergencies effectively and efficiently. We have experience in successfully handling high stakes “bet the company” matters. For example, in the case of Husain v, McDonald’s, a California McDonald’s franchisee was threatened with the immediate termination and a Court ordered eviction from one of his franchises. The franchisee had replaced previous counsel with Boulter’s firm and at the first appearance in the case, the Court gave Robert one day to file a brief showing why the termination should not proceed. Robert was successful in turning the Court around from its decision to evict the franchisee and persuaded the Court to enter a temporary injunction — saving the franchise. Robert’s victory was ultimately upheld by the California Court of Appeal appeal in the published case of Husain v. McDonalds. A copy of the brief Robert filed is here and a copy of the Court transcripts where he successfully argued in the face of long odds is here. A copy of the Court of Appeals decision is found here.
We are Board Certified. Lawyers in California can apply to become “certified” specialists in various areas of law, including Franchise and Distribution law. The State Bar of California sets many requirements that must be met before an attorney can become certified in franchise and distribution law (i.e. “specialists must pass a written examination in their specialty field [or in certain circumstances satisfy an exemption], demonstrate a high level of experience in the specialty field, fulfill ongoing education requirements and be favorably evaluated by other attorneys and judges familiar with their work.” The standards and requirements for certification can be found at the following sections the State Bar of California’s website. As of January 1, 2016, only about fifty of the more than 220,000 lawyers licensed in California were certified in Franchise and Distribution law.
We offer flexible fee arrangements. We offer flexibility in our fee arrangements depending on the scope and merits of the matter and your needs. We can discuss with you whether a fixed fee, contingency fee, hourly fee, or combination of these fee agreements is most appropriate. And if for some reason we are not the right firm for a matter, we will do our best to help you find the firm that is.