11 minute read

Green Bryant & French LLP, San Diego

PARTNER SYNERGY SPURS EXPANDED ELDER ABUSE SUCCESS

Partner Diversity Means Full-Service Advocates for the Elderly at Green Bryant French, LLP

by Dan Baldwin

We litigate elder abuse claims in both civil and probate court. We focus on three main areas: nursing home neglect and wrongful death cases, financial elder abuse cases, and will and trust litigation cases. Our breadth and depth of litigation experience combined with specialized subject-matter knowledge in elder law gives us a competitive edge and a unique perspective which translates into excellent results for our clients. Much of our team’s success in these areas is due to the synergy among myself, Rob Dieringer and Jessica Wilson—each of us bringing varying and distinct strengths to our cases,” says Joel Bryant, Partner and Founder of Green Bryant & French, LLP.

Founded in December, 2004, and headquartered in San Diego with an additional office in Riverside County, the firm regularly handles elder litigation cases throughout Southern California. Bryant, Wilson and Dieringer lead the Elder Litigation Team at the firm. In the areas of nursing home neglect/wrongful death, financial elder abuse, and probate litigation, the firm has earned a sterling reputation as being knowledgeable, experienced, skilled and compassionate advocates for elders.

“Our Elder Litigation Team’s knowledge, experience and success in handling all three of these distinct areas of elder litigation stacks up with any firm in Southern California,” Bryant says.

Clients agree: I want to thank the law firm of Green Bryant & French, LLP. Their excellent communication and the overall professionalism were beyond expectation. They let us know each step of the way what was happening in our case. They always answered my questions in a clear and prompt way. The process was explained, and they gave me a good idea of what to expect at every turn. Their logical thinking, anticipation, and assembled evidence all reflected their great preparation that allowed them to represent my family in the best way possible. I always felt that they sincerely cared. I appreciated all the time and effort they put into the case. I can give my highest recommendation to the law firm of Green Bryant & French, LLP. –Robert M.

The firm’s typical cases are supported by the Elder and Dependent Adult Civil Protection Act (EDACPA) of California’s Welfare and Institutions Code. With combined decades of success in complex civil litigation actions, the Elder Litigation Team at Green, Bryant & French leans into

© Bauman Photographers

Joel Bryant, Partner

their shared compassion for their clients, most of whom are elderly persons having suffered from some form of physical or financial abuse or neglect. The firm has helped many family members of loved ones, including elders in nursing homes who have been neglected and suffered serious injury or death as a result, elders who have been sexually assaulted in nursing homes, elders who have been financially exploited by someone they know and trust, and persons who have suffered monetary damages as a result of will or trust fraud.

One case of particular importance to the firm involved an elder residing in his assisted living facility who had fallen and was injured and unable to move or summon help because the pull-cord system in the facility was, and had been for some time, inoperable. Alone and scared, the man grabbed the only thing he could reach, a bar of soap, and scraped out the word, “HELP” on the bathroom wall. Sadly, he succumbed to the injuries he sustained, leaving behind a loving and grieving family. The Elder Litigation team was able to assist the family in obtaining a favorable result as well as much-needed closure. The knowledge of the inner workings of these facilities was an integral part of evaluating the case. The empathy and compassion for the family was immediately felt—when these attorneys hear about cases like this, it evokes real emotion, compassion and compels them to fight to make sure these same harms do not befall others who are similarly situated.

Partner Diversity Means FullService Advocates for the Elderly

“Given the diverse substantive knowledge and litigation experience of the Elder Litigation Team, we are able to see all sides of an elder litigation dispute and analyze the issues from a variety of angles. This enables us to confidently take on large institutions in complex matters which are multifaceted and often require not only a vast understanding of California’s elder abuse laws, but also often require a comprehensive understanding of medical issues, mental health issues, real property law, contract law, probate law, and litigation strategy. Such knowledge and experience open different attack angles for each case, which translates to excellent results for our clients,” Bryant says.

With 32 years of litigation experience, Bryant is recognized as one of San Diego’s top litigation attorneys in the area of elder abuse and was one of the first San Diego attorneys to specialize in prosecuting civil and probate actions for financial elder abuse. Bryant’s passion for representing elders stems from a deep respect and appreciation for elders, as well as an understanding that many elders are vulnerable to being taken advantage of physically, financially and emotionally. Bryant says, “These elders have done everything that has been asked of them during their lives. When their country called, they stepped up. When their families, friends or neighbors needed help, they were there to provide it. Many of these elders devoted a good portion of their lives to helping others, and as they enter their twilight years, it is time for someone to do the same for them—to be their voice, to afford them dignity, to protect and enforce their rights. When I’m representing these people, or their interests after they have passed, I know I am doing something good for the world. There is no doubt in my mind that I am using my legal skills to better the community, for the highest and best use.”

Bryant served as President of the Consumer Attorneys of San Diego in 2011 and served on its board of directors for 11 years. He also served on the board of directors for Consumer Attorneys of California and served six years on the board of directors of a non-profit focused on providing housing, meals and supportive services to low-income seniors living in San Diego.

Rob Dieringer, Partner, is a dual-certified specialist in Estate Planning, Trust and Probate Law as well as Elder Law. Dieringer focuses his law practice on will and trust litigation and civil elder abuse litigation. As an elder law attorney, Dieringer has counseled elders in their homes and in nursing homes all over San Diego County, assisting with legal and long-term care affairs. “When we are working on nursing homes cases, chances are that I have visited the nursing home in question and can offer that experience. Similarly, when I am prosecuting a trust contest, Joel and Jessica have incredible civil and trial expertise to bring to the table. The synergy is powerful,” Dieringer says.

For the first ten years of her career, before joining the firm in 2017, Jessica Wilson gained training from seasoned civil litigators in distinguished law firms in Downtown San Diego, including on a wide range of complex civil litigation matters, both plaintiff and defense. This provides her a unique perspective and skill set for litigating elder abuse cases. “For me, this area of law feels fulfilling and rewarding,” Wilson says. As a Partner at Green, Bryant & French, LLP, she mentors newer attorneys

© Bauman Photographers

Rob Dieringer, Partner

and describes this role as an important opportunity for her to stay connected with good practices, modeling professionalism, and provides for no shortage of thriving academic debates. A native of San Diego, Wilson shares a strong, often empathetic connection with the firm’s Southern California clientele, and she brings tenacity and creativity to the Elder Litigation Team.

Partner Synergy Spurs Expanded Elder Abuse Success

The collaborative working relationship among the three partners (and the others in the firm) is obvious to all. They bring their diverse strengths together to strive for consensus on approaches in each case. When their tactics differ and the situation requires a final decision as to the direction to proceed, Bryant’s 32 years of experience is a huge advantage in moving forward on a clear path. Describing the dynamic of the team, Bryant says, “The working relationship is very good. We have healthy differences in opinion, but we agree on everything that counts. In many ways, it is like family—we can talk directly and candidly with each other. Everyone brings different strengths. With clear goals in mind and an intentional path forward, our team rolls really well together.”

A recent case proves just how effective that synergy can be. The Elder Litigation Team recently resolved a multi-milliondollar trust contest based on allegations of forgery. This case had pending proceedings in both probate and civil court. There were multiple parties, a large volume of motions and probate petitions regarding the interpretation of instruments, and tricky issues involving the deceased person’s mental capacity and relationships with her family members. This was an allhands-on-deck effort that produced great results.

In another matter, an elderly man was improperly held captive in a locked memory care facility, kept there by his estranged daughter and a dishonest doctor apparently more interested in filling beds in the facility than the elderly man’s well-being. Bryant’s first visit to the facility evoked memories of the movie One Flew Over the Cuckoo’s Nest. While many of the residents of the facility were zonked out due to the ravages of mental illness, severe dementia and/or over-medication, Bryant’s client was the exact opposite—he was alert, oriented, full of energy, yet incredulous as to why his daughter had done nothing to get him out of that locked facility. Bryant, with the help of a neuropsychologist and the elderly man’s niece, was able to secure the elderly man’s release from that nightmare, so that he was able to eventually move back into his home, where he happily lived out his life for many years. The case demonstrated to Bryant how vulnerable elders can be, and how quickly they can lose their freedom when something in life goes awry, and they don’t have anyone looking out for them.

Sometimes the answer is found not in adjudication through trial or settlement of a case, but rather in ensuring the abusers are extracted from the mix. In one particular case against an unlicensed Residential Care Facility for the Elderly, the attorneys at Green Bryant & French worked with the governing body and the end result was that the operator’s license was permanently revoked, and the facility was shut down. This was a worthy endeavor that resulted in an accomplishment that served not only the harmed family members, but the broader community too.

© Bauman Photographers

Jessica Wilson, Partner

© Bauman Photographers

Partners: Joel Bryant, Jessica Wilson and Rob Dieringer

Responses from their clients tell their story best: As a Trust’s non-professional Successor Trustee, I worked diligently for several months to manage a sizable, but fairly simple and straightforward estate. The beneficiaries and I met and concurred on everything. The ‘Agreement’ was signed and dated by all parties. All Trust activity was complete and finalized. Despite the Agreement, several months later one of the beneficiaries hooked up with an opportunistic lawyer and wanted a bigger piece of the pie. That’s when I retained Green Bryant & French. It became clear that the other side was skilled at their ploy of wearing down their opponent until they (we) begged for a settlement (in this case hundreds of thousands of dollars). GBF Attorneys were extremely professional and kept me informed and involved at all times. I always felt I was part of the team. The end result was the other side was outlawyered. They were forced to accept all aspects of the original Agreement. Even more significant was the disgruntled beneficiary wound up paying the legal fees for both sides. I was advised by other legal professionals that this was rare. I highly recommend the GBF law firm. –Robert S. In 2018, I was in a family dispute that I never would have imagined. I interviewed several attorneys in San Diego. Engaging Joel Bryant and Jessica Wilson was the best decision I could have made. They are smart, strategic, and experienced attorneys. Jessica was a “Rockstar” in depositions. She was so prepared and so tough. Joel was confident and effective in court. His experience is invaluable. We attained the outcome I was hoping for in my case. More importantly, when I was at my most vulnerable, Joel and Jessica both were supportive and accessible. I hope I never have to hire another lawyer, but I will hire Joel and Jessica again if there ever is a need to do so. –Tina C. Although I pray I never require legal services again, I would not hesitate to reach out to Mr. Joel Bryant and the legal team. The team represented me through unexpected, heartbreaking events that no one should have to go through. The many facets of this case included undue influence, elder isolation, preparation of a witness deposition of the elder abuse/undue influence/isolation, trust & amendment changes, to name only a few of the challenges. Joel, Jessica and Rob can ONLY be described as professional, genuinely caring, compassionate and an awesome team! Look no further, I am confident you are in the best of care with this law firm!!! –R. V. What continues to drive Bryant and his team is their steadfast belief that “elders are a particularly vulnerable and underappreciated part of our society, and are in dire need of skilled, zealous attorneys to protect their interests and enforce their rights in litigation, including trial.” Fortunately for California’s elders, the firm’s Elder Litigation Team has the depth and breadth of knowledge, skill and experience to fill that void and to be the go-to firm for wronged elders in nursing home abuse, financial elder abuse, and probate litigation. n

Contact Green Bryant & French, LLP 402 West Broadway, Suite 1950 San Diego, CA 92101 619.239.7900 www.gbflawyers.com www.californiaelderabuselawyer.com

This article is from: