Legal Services

The practice of law is more than going into court. And while Justin has many years of experience representing plaintiffs, defendants, appellants, applicants, petitioners, and respondents before judges, appellate justices, administrative law judges, administrative hearing officers, and commissioners, that merely scratches the surface of the type of assistance he can provide to you. From drafting contracts, forming businesses, conducting investigations, and defending skilled healthcare practitioners before private and public peer review hearings, Justin's diverse practice has led him to develop the skills to provide a myriad of legal services for you.

Administrative Hearings

Represent individuals and businesses in public and private hearings involving administrative law. These hearings often arise before federal, state, or local government in the context of acquiring or maintaining licenses, permits, or registrations. However, they can also arise in the context of government contracting, government benefits, and government employment.

 

I have experience appearing before and arguing on behalf of clients in:

 

  • Office of Administrative Hearings (OAH)

  • Office of Administrative Law

  • State Personnel Board

  • Department of General Services

  • Department of Public Health

 

However, this is also coupled with countless appearances before similar federal and local government agencies.

Alternative Dispute Resolution
Mediation, Arbitration

Assist individuals and businesses resolve disputes without the need of public litigation. Alternative Dispute Resolution—or ADR—refers to an array of different ways disputes can be resolved short of going to court. However, it most commonly refers to mediation—working with the parties, together, to find middle ground and resolve the dispute by way of agreement—and arbitration—more or less private court.

 

I have years of experience serving in the roles of mediator, arbitrator, and counsel for parties participating in ADR. I serve as an administrative hearing officer for the County of San Diego from 2016 through 2018, and the County of Sonoma, and have since 2016. I worked as an arbitrator in the Sacramento County Bar Association’s Fee Arbitration program from 2012 through 2018.

Civil Litigation

Represent individuals and businesses in the pursuit of or defense of lawsuits. Involves each step of the process:

 

  • Researching the underlying potential claim or defense, statute of limitations, and appropriate jurisdiction and venue for the dispute

  • Sending or responding to demand letters, requests for evidence preservation

  • Completing necessary claim presentation requirements (e.g. discrimination, harassment, retaliation require presentation, first, to the U.S. Equal Employment Opportunity Commission or California Department of Fair Employment and Housing, etc.)

  • Drafting and filing the underlying complaint or responsive pleading (e.g. answer, demurrer, motion to strike, removal, etc.)

  • Discovery (e.g. interrogatories, requests for admission, requests for production, depositions, subpoenas, etc.)

  • Motions (e.g. to compel, for continuances, etc.

  • Settlement (e.g. negotiations, mediation, conference, etc.)

  • Trial

  • Post-Trial motions

 

Depending upon the context, representation might be possible on a limited or contingency fee basis.

Human Resources

Preemptive assistance to businesses wading into the myriad of norms and laws of hiring employees. Serving as an HR Sherpa to help address issues arising in:

 

  • Registering as an Employer

  • Recruitment, Hiring, and Onboarding

  • Documentation

  • Training

  • Audits

  • Performance Reviews

  • Corrective Action and Discipline

 

Extensive experience in drafting new hire packets, job descriptions, employee handbooks, manager handbooks, forms to accompany policies and procedures (e.g. time-off, disability, workers compensation), and the termination of employment process.

License and Permit Application/Defense

Assist individuals and businesses acquire and maintain professional licenses, permits, and registrations at the federal, state, and local level, as well as within or from private entities and professional associations. Services include but are not limited to:

 

  • Review of all applicable jurisdictions for independent requirements

  • Review of applications

  • Background investigation into potential applicant (e.g. partners, third-party entities, vendors)

  • Challenges to requirements or processes that violate the regulatory process

  • Application appeals

  • Defense and appeals during investigations, citations, statements of issues, and accusations

  • Modifications of imposed license discipline

  • Reinstatement of previously revoked license

  • Peer review proceedings

 

Have experience representing doctors, veterinarians, registered veterinary technicians, physician assistants, nurses, midwives, physical therapists, occupational therapists, chiropractors, dentists, brokers, salespersons, attorneys, accountants, child care providers, teachers, schools, contractors, engineers, land surveyors, architects, appraisers, fiduciaries, social workers, psychiatrists, psychologists, optometrists, ophthalmologists, psychiatric technicians, pharmacists, pharmacy corporations, automotive repair shops, automotive dealerships, wineries, bars, breweries, distilleries, dispensaries, card rooms, barbers, cosmetologists, etc. If you have a license, permit, or registration, or are attempting to acquire one, it is something that I am capable of providing you with legal assistance.

Public Record Act Requests

The California Public Records Act (Government Code §§ 6250, et seq.) requires inspection or disclosure of governmental records to the public upon request, unless exempted by law. The law is similar to the U.S. Freedom of Information Act, except that "the people have the right of access to information concerning the conduct of the people's business" is enshrined in Article 1 of the California Constitution.

 

Public records are important forms of discovery in many disputes involving federal, state, or local agencies. Thus, it is similarly important for those embroiled in such a dispute as to how to acquire this information separately from the rules put in place for limited discovery in administrative hearings, alternative dispute resolution, litigation, or writs of mandate.

 

Although LAW, governmental agencies use a variety of tactics to delay and deny the disclosure of records that they are otherwise required to disclose. Ultimately, court action may need to be taken to enforce the rights of the requester, who would be entitled attorney fees.

Workplace Investigations/Training

Every complaint arising in the workplace has the potential to become a lawsuit. Whether it be a complaint about hiring practices, pay, working conditions, or workplace environment, employers should investigate every complaint as if it has the chance to be presented in front of a jury. As potentially disruptive as investigations can be, they must be prompt, thorough and effective to ensure everyone’s protection. The best method to ensure a fair and thorough investigation is to use an independent, trained third party to conduct it. Sometime, this involves retaining an attorney to conduct the investigation. Other times, it involves retaining an attorney to help coordinate the identification and use of an additional third party (attorney or licensed investigator) to conduct the investigation.

 

Workplace investigations and training that I have particular experience in include but are not limited to the following:

 

  • Wage-and-hour disputes and audits

  • Sexual harassment, discrimination, retaliation, hostile workplace, and equal employment opportunity complaints

  • Director, officer, manager, and supervisor corrective action and training

  • Personnel files (e.g. personnel, HIPAA, I-9, etc.) audits and reconstruction

  • Recruitment and hiring investigations, audits, and reconstruction

  • Human Resource Department creation and development

Writs of Mandate

Multiple years of experience seeking judicial relief in the form of an order from superior court to any government, corporation, or public authority to do or not do some act that the body is obligated to do or not do. Most often arising in the case of a licensing defense administrative hearing that has gone sideways, these petitions are often accompanied with a request for stay to ensure that the licensee can continue to operate or practice, pending the petition for writ of mandate. In drafting such petitions, I have years of experience identifying the types of arguments and evidence from the underlying hearing that will hold sway – to either convince the court to overturn the result from the respondent or to convince the respondent to preemptively do so by way of settlement.

 
 
 
 
 
 
 
 

© 2019 Hein, Esq.       418 B Street, 4th Floor, Santa Rosa, CA 95401        707-921-3913        justin@heinesq.com

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