ADR4LE™

Taxation (Bus., Pers., Corp., Fiduciary,
Ptship., Prop., Estates-Trusts, Gifts,
501(c)(3), etc... .)
All Business Disputes
Americans w/ Disab. Act
Construction Defects
Family Law
General Civil Litigation
Insurance
Landlord-Tenant
Probate and Trust
Professional Liability
Real Property
Shareholder-Partnership

JD, Univ. of Miam School of Law, 1995;
B.S. Accntg., Univ. of Southern California, 1989;

Law Offices of Nicholas Barton - 1996 - present; Sole Managing Attorney-Officer;
Tax Senior, Arthur Andersen & Co., 1989 - 1992.

Law Offices of Nicholas Barton - Sole Managing Attorney-Officer.

Mr. Barton has extensive transactional and litigation experience in above-referenced practice areas with a specific emphasis on ADA, business, construction, landlord-tenant, probate, professional liability, real property, taxation, wills and trusts, and shareholders-partnerships.

He has represented clients in 100 plus commercial real property transactions (industrial, multi-family, office, retail, etc ....) for buyers, sellers, and borrowers. Total transaction volume in excess of $300 million.

Mr. Barton has litigated (i.e., research, pleadings, written discovery, depositions, settlements, law and motion, MSJs, MSCs, mediations, trial preparation, trials, etc...).

He has represented and consulted with clients on 500 plus Superior Court (i.e., limited and unlimited civil cases, family law department, probate-trust department, various administrative proceedings (i.e., Labor-Employment, Contractor's State License Board, etc ...), and ADR proceedings (i.e., AAA, JAMS, ARC, Judicate West, etc ....).

Mr. Barton has advised, consulted, litigated, and tepresented 500 plus tax clients in all areas of taxation (i.e., income tax, corporate-partnership tax, real property tax, gift and estate tax, etc ....) in Federal court, state court, IRS, Franchise Tax Board, County Assessors, etc ....

He has also acted as an expert tax consultant with respect to professional liability of CPAs and attorneys.

Mr. Barton is a trained mediator and attorney licensed to practice law in federal, California, and United States Tax Court.

He has also represented clients as a Certified Pulic Accountant (non-attest) and as a licensed real estate broker in the State of California.

100 plus jury and bench trials, mediations, and arbitrations as legal counsel; Dozens of informal voluntary settlement conferences as independent neutral.

Mr. Barton considers each mediation as presenting a unique set of challenges best approached as a learning exercise. Qualities such as empathy, perserverance, and observations in reality are key.

His first objective is to attempt to fully grasp the "facts behind the facts", the known issues, and the potentially overlooked issues overriding a dispute. Speaking with parties and counsel is key. Determining the "dispute on paper" versus the "dispute in reality" is also important.

What is "really" driving the parties? Where do the parties agree and disagree on facts and issues? How does each party's facts align - or disalign - with the underlying legal principles?

Which party, if any, is "pounding the law" because of bad facts, or "pounding the facts" because of bad law? Stated differently, which party, if any, is strong and/or weak on the facts and the law? Or is it closer to a "tie".

Who is "motivated to settle" versus "motivated to continue to litigate"? Do economics of either or both party(ies) play a role in settlement, or has it been "prevail at all costs"?

Was there ever friendship-trust between the parties? Is it still alive? How did it break down? What steps, if any, can be taken to retain and/or repair it?

After Mr. Barton obtains a "complete" understanding of the case and the parties' demands-offers, his principal role is to utilize his procedural and subject matter expertise to engage in meaningful discussions about the strengths and weaknesses of each party’s case, and the various dynamics between the parties.

Thereafter, his principal goal is to explore all available settlement options - both inside and outside of the proverbial legal box. Progress and nudging to a common goal can be good. Stalemates, ultimatums, gauntlets, high emotions, and personal "attacks" are not atypical and highly discouraged. A level head and not taking anything personally is truly a legal virtue.

Mr. Barton believes that each dispute and mediation takes on a life of it's own. Narrow the facts and issues. Synch up the demands-offers. Make the parties feel as contributors to the solution(s) and a meaningful part of the settling process Enable the parties to be heard and understood in all respects.

Mr. Barton believes that an attempt to reach a resolution of the dispute where the parties can feel good about the process, and effectively and efficiently move on with their personal and/or business lives.

In other words, Mr. Barton wants the parties to bury the proverbial "legal hatchet" by exploring the benefits of settling versus the dread of continued angst.

The creativity of Mr. Barton's solutions is a demonstrated strength. Mr. Barton seeks to bridge gaps with constructive solutions that are "not yet on the table". Achievable party-driven goals are explored in depth.

Mr. Barton believes that it is paramount to make sure the parties approve and sign a written a fully encompassing, enforceable and broad CCP 664.6 settlement agreement.

In some cases, settling only as to some issues can be advisable if that is the only "current possibility." Often times, even the best football teams have to kick a field goal on fourth down.

Frequently, even with a partial settlement, the remaining issues of a case quickly fall like legal dominos and the matter is over.

Settling before leaving the legal door, and avoiding buyer's remorse, are paramount.

State of California and Federal Courts (June, 1996 - Present);
Federal Tax Court (1999 - Present.).

Member, West LA Inns of Court;
California Tax Bar MCLE Events.

Flat fee rate through ADR4LESS. Requested post-hearing neutral rate $400 per hr..

In Person - Throughout the State of California, as arranged or at the offices of the parties counsel, with minimal travel expense reimbursement.

Virtual Zoom Hearings - Anywhere.