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Donald M Barker
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Claimed Lawyer ProfileQ&AResponsive Law
Practice Areas
- Business Law
- Business Contracts, Business Dissolution, Business Formation, Business Litigation, Partnership & Shareholder Disputes
- Employment Law
- Employee Benefits, Employment Contracts, Employment Discrimination, Overtime & Unpaid Wages, Wrongful Termination
- Construction Law
- Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
- Landlord Tenant
- Evictions, Landlord Rights, Tenants' Rights
- Collections
- Arbitration & Mediation
- Business - Arbitration/Mediation
Additional Practice Area
- Corporate and Partnership Governance/Litigation.
Fees
- Free Consultation
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Contingent Fees
Hybrid Contingent Fee Retainers are acceptable. Under such Retainers, the client pays a substantially-reduced hourly fee, as little as $100.00 per hour, and the attorney receives a substantially-reduced "Contingent" percentage of any monetary recovery for the client. For example, such a Retainer may have a $100.00 hourly rate and a 20 percent contingency on the actual monetary recovery. The Hybrid Retainer allows a client to retain an attorney in a case that usually does not lend itself to a straight contingency retainer, such as many business cases. Conversely, the Hybrid retainer allows an attorney to take a case he would not take under a straight contingency retainer. -
Rates, Retainers and Additional Information
Hourly fees range between $250.00 and $300.00 per hour. Most Retainers are 10 hour minimum.
Jurisdictions Admitted to Practice
- California
- State Bar of California
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- 4th Circuit
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- Federal Circuit
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Languages
- English: Spoken, Written
Education
- University of the Pacific
- J.D. (1989)
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- Honors: Order of the Coif (Top Six Percent of Graduating Class). Graduated with Distinction and Dean's List.
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- California State University - Long Beach
- B.A. (1986) | English
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- Orange Coast College
- A.A. (1984)
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Legal Answers
35 Questions Answered
- Q. Hired as an independent contractor, but now owner claims that I was a partner after trying to receive payment. Legal?
- A: Your matter is way to complicated for any attorney to give you an accurate review on this site. You need to draft a written outline of the events, with the relevant documents attached, and email it to an attorney. Most attys will spend their own time reviewing your outline and documents for free, then talk to you about the facts/law and prospects of the case.
As a general rule: Written agreements govern parties' intentions and legal relationships. However, a party's actual conduct may be even better proof of a party's intentions and legal relationships.
- Q. Do I need to have an attorney to reply to a request for payroll records and wage statements by an attorney?
- A: Labor Code § 1198.5 provides that (with limited exception): “Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance or to any grievance concerning the employee.”
The employer must make the personnel file/performance documents available to the worker or his representative within 30 days from the date it receives a written request. If the employer fails to comply, the employee can recover a $750 penalty from the employer. (Labor Code § 1198.5(k).)
DO NOT SIGN any "Agreement," without the review of a lawyer---NEVER.
- Q. What are my options when trying to recoup vehicle repair costs associated with damage caused by Caltrans' subcontractor?
- A: You write: "My insurance paid for the repair costs, and has closed the claim due to inability to recover costs from the responsible party."
If you are out no monies, then let it go. Your insurance has the "Subrogation" right to seek reimbursement for monies it paid to you, due to subcontractor's negligence. If you collect monies from the Sub, you're obligated to pay those monies back to your insurer.
Why would you do all that work and effort for free?
That's why you pay premiums.
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