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Articles and Links

Automobile Accidents and Personal Injury:

What you need to know if you are in an automobile accident by Joanne Reisman:


What you need to know if you are in an acciden.pdf (PDF — 441 KB)




Oregon State Bar Free Information on Automobile Accidents and Traffic Violations


Bankruptcy


Oregon State Bar Free Information on Bankruptcy,  Debtor's Rights, and Credit


If you have debt problems or are considering Bankruptcy, please read all of the following

(from the Oregon State Bar web page)::


  1. Understanding Bankruptcy
  2. How do I file for Bankruptcy?
  3. Can Bankruptcy Help me?
  4. Debtor's Rights
  5. Chapter 13 another type of Bankruptcy
  6. Foreclosure on Real Property



Probate, Wills and Trusts


Prospective estate planning clients please read 1 - 6 below (from Oregon State Bar):

and the Simple Will article:


  1. Your will
  2. What is probate
  3. What is a trust (revocable living trusts and special needs trusts explained)
  4. What is a living will (advanced directive)
  5. Powers of Attorney and other decision making tools
  6. Revocable Living Trusts


What is a simple Will? by Joanne Reisman


Simple Will Article.pdf (PDF — 300 KB)





Family Law,  Divorce, Child Custody, Parenting Time


Oregon State Bar Free Information on Family Law Topics


Recommended reading for prospective divorce clients with no minor children, read 1,2,5 - 7 below

For divorces cases involving minor children read 1 - 7 below.


  1. Marriage In Oregon
  2. Divorce in Oregon
  3. Custody and Parenting Time
  4. Mediation of Custody and Parenting Time Issues

  5. What to do if Child Support or Spousal Support is Not Being Paid
  6. Restraining Orders and Domestic Violence


For cases involving unmarried couples read 11 below

For cases involving unmarried couples with children, read 3-7 above

and 8 and 11 below:


     8. Paternity

     9. Financial and Legal Responsibilities of Parents for Their Children

   10. Foster Care and Termination of Parental Rights


Other Family Law Topics:

 

     11. The rights of unmarried couples (by Joanne Reisman)


The law and unmarried couples 2009_04_23_02_12_35.pdf (PDF — 87 KB)





     11. Legal Relationships for Gay, Lesbian, Transgendered Couples

     12. Adoption

     13. Name Change


Guardianship / Conservatorship

(reserved for expansion)


Business Matters


  1. How to Start a Business In Oregon
  2. Should I Incorporate
  3. Patents, Trademarks, and Copyrights


Professional Articles


Bankruptcy Law for Family Law Practitioners

by Joanne Reisman Esq, Oregon State Bar Family Law Newsletter 2009


Family_Law_April_09.pdf (PDF — 332 KB)




Representing the Immigrant Client in Bankruptcy

by Joanne Reisman Esq Oregon State Bar Debtor Creditor Section Newsletter 2002


Immigrant Client in Bankruptcy Debtor Creditor Newsltr2002.pdf (PDF — 144 KB)




Appeals by Joanne Reisman Esq.


Barnes v. Lackner, 93 Or App 439, 762 P2d 1043 (1988)


Suit against business owner for damage to boat engine when defendant business owner breached their contract to provide dry indoor storage.  Established that claimants could sue using ORS 20.080 where the breach of a contract causes  property damage.  ORS 20.080 is a special statute that allows a claimant with a small claim to also get attorney fees if his demand for damages is not settled before he is forced to file a lawsuit.  (Subsequent legislative amendment created a separate law, ORS 20.082 allowing for attorney fees in small breach of contract matters.)


Mulligan v. Hornbuckle, Oregon Court of Appeals 227 Or App 520, 206 P3d 1078 (2009),

rev den'd OR S Ct Sept (2009)


Personal injury from auto accident was arbitrated with decision favorable to Plaintiff Mulligan and no defense offered by Defendant.  Defendant represented by lawyers from Farmer's insurance appealed and case went through a 2 day jury trial where Farmers relied on expensive medical expert testimony.   Plaintiff won slightly less then at arbitration due to the more vigorous defense.  Trial court awarded to Plaintiff Mulligan about $3,000 in extra fees finding that Defendant caused unnecessary protracted litigation.  Farmer's appealed the very small amount awarded for extra fees.  Three years later and many dollars worth of legal time, the Court of Appeals decided for Plaintiff affirming the trial court's original award.  Farmer's asked for a review by the Oregon Supreme Court but review was denied.


Cardenas v. Farmers Ins. Oregon Court of Appeals,  230 Or App 403,  215 P3d 919 (2009)


Plaintiff Cardenas had Farmers Insurance when she was injured by a hit and run driver.  She called Farmers for help since she needed medial care and her husband hurt in the same accident could not work and support the family. She did not speak English, had never had car insurance before, and didn't know what her rights were under her policy. Farmer's rushed her to sign off on her claim for $800 without explaining to her in her native language, Spanish, that she had the right to wait to settle and the PIP portion of her insurance would cover her medical bills while she got treatment as well as give her husband his lost wages so the family could pay bills and get food.  Suit was brought and the release Ms. Cardenas was pressured into signing was set aside and she got full damages.   Farmers refused to acknowledge that Ms. Cardenas was also entitled to her attorney fees under an Oregon Insurance Law Provision  ORS 742.061 because they did not settle promptly with Ms Cardenas for the full value of her claim and instead fought with her asserting  that the release she had signed barred her from a full recovery.  The trial court awarded the attorney fees to the Plaintiff.  Farmer's appealed and the Court of Appeals affirmed the trial court's award over Farmer's objections.