At the Law Offices of Michael S. Biggs, we offer comprehensive representation in the areas of personal injury, business litigation, trust litigation, and public sector employment law. Mr. Biggs is a tough, confident Marin County personal injury lawyer with more than 10 years of experience in the courtroom. He is eager to embrace challenging or even esoteric matters, and his willingness to think outside the box often leads to creative solutions for his clients. Mr. Biggs maintains his main office in San Rafael, a staffed office in San Francisco, and a satellite office in Walnut Creek, from which he serves clients in Marin, Sonoma, Solano, and Contra Costa Counties.
Guidance for Accident Victims
Our firm represents victims in a wide range of Northern California personal injury lawsuits. Most of these cases involve proving the negligence of a person, entity, or branch of the government. This means that the defendant that you are suing failed to take the appropriate precautions under the circumstances and that you were hurt as a result. The proper level of care may vary according to the situation, but generally it involves acting in the way that a reasonable person would behave under similar circumstances.
In some cases, more than one party may have been partly responsible for an accident. Even if you shared some of the fault, however, you still may be able to recover compensation from a defendant that also was responsible. Compensation would be awarded in proportion to the defendant's degree of fault under California's pure comparative negligence rule. However, it is generally important to minimize any fault attributed to you as much as possible, and Michael S. Biggs is ready to help you try to defeat any allegations of comparative negligence.Business Litigation
Mr. Biggs is familiar with a wide range of business disputes, including claims related to breach of contract, breach of fiduciary duty, real estate and leases, fraud, tortious interference, wrongful termination, retaliation, and unfair competition.
Many breach of fiduciary duty litigation arises out of contractual relationships, such as the relationship between business partners. An operating agreement in California cannot eliminate these fiduciary duties, although there is some room for modification. For example, the duty of loyalty consists of three specific duties: the duty to account, the duty to refrain from competition, and the duty to refrain from self-dealing. By law, an operating agreement may list certain acts that do not violate the duty of loyalty unless the list is manifestly unreasonable. Moreover, the agreement may specify how many members are required to authorize a specific act that might raise concerns related to a potential conflict of interest.Trust Litigation
Mr. Biggs handles Northern California trust litigation related to undue influence, misappropriation of trust assets, trust interpretation, and breach of fiduciary duty. For example, undue influence exists when a person in a confidential relationship with a settlor (the person who made the trust) takes advantage of that confidence, pressuring the settlor to dispose of property or interests in a way that is contrary to his desires or unfavorable to him. An inequitable outcome under a trust is insufficient by itself, however, to prove undue influence. To determine whether there was undue influence, the court considers factors listed under California Welfare and Institutions Code sections 15610.70(a)(1)-(4), including the vulnerability of the settlor, the influencer's apparent authority, the influencer's actions, and the equity of the result of the influencer's actions.Public Sector Employment Law
Mr. Biggs has represented many government employees at Skelly Hearings and in state and federal courts in Northern California. As a public sector employee, special rules apply if your employer makes allegations of wrongful conduct against you. For example, under the Weingarten rule, you have the right to representation from a union if you are subject to an investigatory interview and have a reasonable belief that your statements during the interview may result in a disciplinary action or adverse outcome. However, an employer does not have a duty to bargain with the union representative during that interview. The representative is entitled to provide information or clarify certain facts, but an employer may insist that you provide your own account of what happened in connection with the allegations. This makes it important to seek guidance from a knowledgeable lawyer when you are going through this process. In the context of criminal allegations, you may also have the right to legal representation by a private attorney.Consult a Personal Injury Lawyer in Marin County or Beyond
Attorney Michael S. Biggs represents clients throughout Marin, Sonoma, Solano, and Contra Costa Counties. Skilled at building relationships with a wide range of people and entities, Mr. Biggs maintains clear communications with his clients, opposing parties, and the courts. Call 415-789-5823 or contact us online if you need a Marin County personal injury attorney, a trust litigation lawyer, or guidance in a business litigation or public sector employment matter.