Michele's practice encompasses all aspects of commercial litigation. She has extensive experience in trust and fiduciary issues, real estate, and professional liability. She represents trustees, fiduciaries, and beneficiaries in trust and estate disputes. In addition, Michele gives ethics advice, serves as an expert witness, and presents seminars on risk management topics.
Representative Work
Secured a $20 million gift for two major universities following a challenge to a trust amendment
Protected substantial gifts promised to a long-time companion but not adequately documented and claimed by family members
Negotiated favorable settlement by beneficiary against claims of undue influence by a caregiver
Retained as expert to testify on standard of care of real estate attorney; directed verdict for attorney
Publications
"Chapter 3: Evaluating Ethical Issues, " Matthew Bender Practice Guide: California Trust Litigation (April 2011)
"Estate Tax Lapse: Crisis, Chaos and Disarray," co-author, Trust and Estate Alert (June 2010)
"As Firms Modernize, So Should Law on Conflicts," Litigation Alert (May 2010)
"Evictions and RCFES," California Assisted Living Association Bulletin (November 2009)
"Chapter 6: Alternative Dispute Resolution," (co-author) California Real Estate Brokers: Law and Litigation (June 2009
"When is the Estate Planning Attorney Subject to a Malpractice Claim by a Nonclient Beneficiary?" California Trusts and Estates Quarterly (Spring 2005)
"SOA 'final rules' issued regarding 'Up the Ladder' reporting—'Noisy Withdrawal' provisions remain under consideration," Corporate Governance (2003)
"Reference: An Arbitration Alternative," California Bar Real Property Journal (2002)
"'...and Nothing But the Truth' — Client Perjury on the Stand," ABTL Report, Association of Business Trial Lawyers (July 2001)
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Presentations
"The Art and Science of Terminating a Residency Agreement," co-speaker, California Assisted Living Association Fall Conference (November 2012)
"A Malpractice Primer for Probate Lawyers," Bar Association of San Francisco (September 2012)
"Avoiding Ethical Traps in Estate Planning and Administration," East Bay Trust & Estate Lawyers (April 2012)
"Top Risk Management Trends and Red Flags," Bar Association of San Francisco (2011)
"When Your Client's Competency is Questionable," Bar Association of San Francisco (2011)
"Why Lawyers Get Sued (and How to Stay Out of Trouble)," Bar Association of San Francisco (2011)
"Risky Business: Reducing Your Malpractice Risk by Navigating the Latest Ethical Rules," Bar Association of San Francisco (2009)
"U.S. Litigation and Ethics," instructor, The University of Warsaw, Poland, sponsored by the Center for International Legal Studies in Salzburg (2008)
"Recent Developments in Civil Litigation," Continuing Education of the Bar (1990-2009)
"Real Property Remedies: How to Handle an Escrow," Continuing Education of the Bar
"Managing Ethical Issues," National Business Institute (2002-2008)
"Real Estate Litigation in California," moderator, Lorman Educational Services (July 2007)
"Trends in Buy/Sell and Broker Litigation," Real Estate Litigation in California, Lorman Educational Services (October 2005)
"A Real Estate Trial from Start to Finish," Real Property Law Section, State Bar of California (April 2005)
"Claims by Nonclients Against the Estate Planning Attorney," Trusts and Estate Section, Bar Association of San Francisco (2005)
"Advanced Civil Litigation," faculty member, California Center for Judicial Education and Research, Judicial Council and the California Judges Association (2001)
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Honors
Marin County Bar Association Pro Bono Awards, Honorable Mention (2012)
Spirit of CEB Award, Continuing Education of the Bar (2009)