Most trust, estate, conservatorship, and financial elder abuse disputes do not reach trial. But when they do, the stakes are high. Trials in this area determine whether inheritances are preserved or lost, fiduciaries are vindicated or punished, and whether damages are to be awarded – including penalties, punitive damages and attorneys fees.
Trials in these matters require command of the California Probate Code, the Civil Procedure Code, and the Evidence Code, combined with an ability to present facts in a clear and compelling manner. Not every litigator is a trial lawyer. Many can handle discovery and negotiation. Fewer can prepare a case for trial, organize the record, and effectively examine witnesses before a judge or jury. That is the role of trial counsel.
At RMO, trial is not an afterthought; it’s central to who we are and how we practice. From the outset, we approach every case with a trial mindset, building the strategy, evidence, and advocacy as though we will be in front of a judge or jury. That preparation not only positions our clients for the strongest outcomes but also signals to opposing counsel that we are ready, willing, and able to try the case. And because trial work is our strength, we are also called upon by other litigators to partner with them to prepare their cases for trial, or to step in as trial counsel, ensuring their clients have the firepower and focus they deserve in the courtroom.
Our trial attorneys cover the full range of trust litigation and estate litigation, including:
We take the most complex will and trust contests, breach of trust disputes, and fiduciary duty claims, distill the issues, marshal the evidence, and present them to the court with clarity and force.
Our trial lawyers unpack disputes over capacity, undue influence, and conservator suitability to develop a trial strategy that advocates for the interests of the client.
We compile evidence, develop compelling arguments, and provide relentless courtroom advocacy in cases where credibility and evidence of exploitation are decisive.
Trials in trust, estate, conservatorship, and financial elder abuse cases require a unique skill set. They blend subject matter knowledge and the procedural and evidentiary rules that govern every courtroom. Whether stepping in alongside existing counsel or serving directly as trial counsel, our role is to ensure cases are trial-ready, evidence is prepared appropriately, and evidence is presented clearly and persuasively. From strategy development to verdict and beyond, we cover the full scope of what probate trials demand.
Every trial is different, but the fundamentals remain the same: preparation, precision, and performance in the courtroom. At RMO, we deliver all three. Whether you are a lawyer seeking trial support or an individual whose case is heading to trial, our team provides the focused trial advocacy these disputes demand.
At RMO, our trial teams are built for efficiency and effectiveness. A typical team consists of a lead trial attorney, a second chair attorney, and a trial paralegal, supported by a larger group working behind the scenes. This structure avoids the distraction of overstaffing in court while ensuring every exhibit, record, or transcript can be retrieved and presented instantly.
Because we have represented clients on both sides of disputes, we know the arguments to expect and prepare to meet them. We map claims and defenses, and pressure test each theory against the record. We anticipate objections, brief key issues in advance, and rehearse courtroom presentations so we can respond quickly and keep the case moving in your favor.
We apply the same system to all matters, adjusting scale based on the size and complexity of the case. The goal is always the same: to present the facts and law clearly, persuasively, and with discipline.
RMO trial attorneys may be able to join cases already headed for trial when requested. As top trial lawyers, our team collaborates with existing counsel to prepare, coordinate, and present cases at trial while respecting any preexisting client relationships. We provide in-depth experience as co-counsel or simply offer our support to ensure an effective trial strategy and courtroom presentation.
During litigation, many clients discover that while their lawyers are effective in discovery and negotiation, they aren’t positioned to see the case through trial. RMO attorneys may be able to join clients’ existing litigation teams to ensure trial readiness and courtroom execution. We will work collaboratively with existing lawyers or take lead trial counsel responsibilities directly, depending on the needs of the case and direction of the client.
RMO trial lawyers handle cases in California’s busiest probate courts, including Los Angeles, Orange County, San Diego, San Francisco, and Sacramento, and beyond. County courts in these areas see some of the state’s most complex and highest-stakes matters.
(424) 320-9444 | losangeles@rmolawyers.com
901 Bringham Ave, Los Angeles CA 90049
(949) 226-8509 | orangecounty@rmolawyers.com
3200 Park Center Dr, Suite 250, Costa Mesa CA 92626
(628) 466-3555 | walnutcreek@rmolawyers.com
2121 North California Blvd, Ste 290, Walnut Creek CA 94596
(619) 323-3200 | sandiego@rmolawyers.com
1450 Frazee Road #610, San Diego CA 92108
(626) 772-3335 | pasadena@rmolawyers.com
225 S. Lake Avenue, Ste 300, Pasadena CA 91101
RMO trial attorneys are consistently recognized among the top in the field, with honors from Super Lawyers, Best Lawyers, and other industry rankings. We have delivered successful verdicts and trial outcomes in complex and high-stakes trust and estate disputes in California.
A conservator or guardian is a person appointed by the court to make financial or medical decisions on behalf of a conservatee or ward when they struggle to provide care for themselves. Our team of conservatorship lawyers provide support for conservators and guardians in navigating the necessary legal procedures to ensure the best interests of the conservatee.
A private professional fiduciary is a licensed, third-party professional who can be appointed as a conservator when family dynamics make it difficult to appoint family members. As with any conservatorship, the professional is expected to act within the best interests of the conservatee. The conservatorship attorneys of RMO Lawyers provides representation for navigating the legal processes of a conservatorship or offer defense in the event of accusations of wrongdoing.
If an adult has a trust, a trustee is the person responsible for managing the trust’s assets. A trust document can defeat the need for a conservatorship of the estate, or the trustee may have priority to act as the conservator. Our team of conservatorship and guardianship attorneys can support trustees in navigating legal processes or disputing claims of breach of fiduciary duty.
Contact us today to discuss trial counsel representation.
While we are sometimes asked to take over cases late in the process, the reality is that trial preparation begins long before the courtroom. Our trial attorneys may be asked to step in at any stage, but the earlier we are engaged, the better positioned we are to build the strongest trial strategy. Waiting until a case is at the brink of trial limits options and compresses preparation. If trial is even a possibility, it is best to involve us as soon as possible so we can do what we do best, prepare for and win trials.
We collaborate closely with referring counsel to understand the context of a matter, gather evidence, coordinate courtroom strategy, and present cases at trial. We work with referring counsel on multiple levels depending on the demands of the case, whether it’s offering guidance as a litigation partner, serving as co-counsel support, or stepping into the lead trial counsel role.
In California probate courts, most cases are decided by the judge in a bench trial. This is because probate disputes usually involve equitable issues, like how an estate should be administered or how a trust should be interpreted, which are matters judges are specifically trained to decide.
There are some situations, however, where a party may have the right to a jury trial. Claims such as breach of fiduciary duty seeking money damages, elder financial abuse, or related tort claims can sometimes be tried to a jury. To make that happen, a party has to file a proper jury demand and pay jury fees. Even then, the court will carefully review the pleadings to decide which issues a jury may hear and which remain with the judge.
It is not uncommon for a case to be split, with the judge deciding the equitable probate issues and a jury deciding any related legal claims for damages. Whether a case goes to a judge, a jury, or both depends on how the claims are framed at the very start of the litigation.
Financial elder abuse cases can take different forms depending on when the abuse is discovered. If the victim is still alive, the case is often brought as a civil action in which a jury trial may be available, and the strategy focuses on presenting the story of what happened in a way that resonates with jurors.
When the abuse is only discovered after the elder has passed, the claims are usually tied to the administration of the estate or trust. These cases are often litigated in probate court, where they are heard by a judge rather than a jury. The strategy then shifts from emotional jury persuasion and toward building a clear, well-documented record that demonstrates how the abuse occurred, how it impacted the estate or trust, and what remedies the law provides.
In both settings, the underlying facts matter, but how they are presented, to a jury or to a judge, is critical to achieving a successful outcome.
At RMO, every trial is supported by a dedicated team. At the core are a lead trial lawyer, a second-chair attorney, and a trial paralegal, with a larger team working behind the scenes to ensure no detail is missed. We bring not only a deep command of the Probate Code, Civil Procedure Code and the Evidence Code, and the substantive laws at issue, but also the courtroom skills that only come from experience. Our lawyers have spent decades trying cases, building strategies, presenting complex evidence in ways judges and juries can follow, and delivering strong openings and closings that carry the client’s story with clarity and force. The result is a trial team that is thorough, efficient, and built for results.
Not always. Many probate and trust litigation attorneys handle disputes through discovery, motion practice, and settlement. Some also take cases to trial, but not all have the experience or focus needed to try a case from start to finish.
A trial lawyer is a litigator whose practice centers on the courtroom, including developing trial strategy, preparing witnesses, selecting juries when available, presenting evidence, and making persuasive arguments before a judge or jury.
At RMO, our lawyers are probate litigators and trial lawyers. We know the law, but we also have the courtroom experience to carry a case through trial when settlement is not an option.
Key Takeaways Introduction Whether a person experiences mental incapacity or has a temporary travel arrangement, there are many situations that can arise and prevent [...]
Key Takeaways Introduction Whether a person experiences mental incapacity or has a temporary travel arrangement, there are many situations that can arise and prevent […]
LOS ANGELES – June 27, 2020 – A Los Angeles judge granted temporary conservatorship to help relatives stop a family member who was losing [...]
LOS ANGELES – June 27, 2020 – A Los Angeles judge granted temporary conservatorship to help relatives stop a family member who was losing […]
You may need to hire a conservatorship lawyer to contest a conservatorship when a conservator is abusing or exploiting their authority for personal gain. [...]
You may need to hire a conservatorship lawyer to contest a conservatorship when a conservator is abusing or exploiting their authority for personal gain. […]
Fighting conservatorship abuse is a complex and emotionally-charged topic. Seeing a loved one ignored or taken advantage of by the person or persons charged [...]
Fighting conservatorship abuse is a complex and emotionally-charged topic. Seeing a loved one ignored or taken advantage of by the person or persons charged […]
Do you have a loved one who is having trouble handling their financial affairs or are struggling to manage their food and healthcare. If [...]
Do you have a loved one who is having trouble handling their financial affairs or are struggling to manage their food and healthcare. If […]
What is the definition of conservatorship? When a person can no longer take care of themselves when it comes to finances and health care, [...]
What is the definition of conservatorship? When a person can no longer take care of themselves when it comes to finances and health care, […]
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