Legal Services

• Civil Litigation

• Estate Planning

• Family and Divorce

• General Business
  Matters

• Personal Injury

• Product Liability

• Real Estate and
  Construction Disputes

• Real Estate
  Transactions

• Alternative Dispute
  Resolution

• Elder Law
Contact Information

Donald J. DeVries
6475 Camden Ave., #200
San Jose, CA 95120
Phone: 408-268-9500
Fax: 408-268-6502
Email: Donald DeVries
• Attorneys  • Ask the Lawyer  • Times Articles  • Fees  • Contact Us  • Home 

Almaden Times Articles

The 205 Almaden Times articles available on this page were published between 1986 and 2006. Articles written in 2007 and beyond are available on our new blog.

Since 1986, Donald J. DeVries has been writing a question-and-answer column for the Almaden Times Weekly. You can read these articles here by clicking on the links below. They're a great way to learn about specific legal issues of interest to you.  

• Alternative Dispute Resolution
• Civil Litigation
• Elder Law
• Estate Planning
• Family and Divorce		 • General Business Matters
• Personal Injury
• Real Estate and Construction
• Working With Your Attorney
• General Interest

Alternative Dispute Resolution Articles

  1. Tis the Season to Mediate or Arbitrate in Good Faith
  2. Mediation, Arbitration, and Holiday Peace
  3. Disputes With Neighbors May Be Resolved With Mediation
  4. Arbitration Procedure Can Be Helpful In Settling Disputes
  5. Alternatives To Going To Court

Back to the Top

Civil Litigation Articles

  1. Attorney May Be Sanctioned (Fined) For Filing Frivolous Appeal
  2. A Blocked Account May Help Protect Minor's Accident Funds
  3. You and Your Attorney May Held Liable for Maintaining Your Baseless Suit
  4. Fraud and Undue Influence Over Settlor May Be Shown By Circumstantial Evidence
  5. Debt Collectors May Not Harass Consumers
  6. Here's A Salute to Court Reporters
  7. Picking and Choosing a Judge to Hear Your Case Usually Not Possible
  8. How to do Well in Small Claims Court
  9. Pre-Trial "Discovery" In Cases May Be Significant
  10. Maxims Of Jurisprudence To Begin 2001
  11. Consumers Win By Tossing The Terrible 200's
  12. Court Files Generally Open To The Public
  13. Different Standards Of Proof Defined And Explained
  14. Don't Let A Subpoena Spoil Your Week
  15. Following The Monica Lewinsky Case
  16. ‘Good Samaritan’ Law Defined And Discussed
  17. How To Testify In Court
  18. Lawsuits By Minors Must Be Brought Timely
  19. ‘Maxims Of Jurisprudence’ Are Still On The Books
  20. Our Jury System Is A Precious Resource
  21. Propositions 200, 201, And 202 Are Seen As Consumer Rip-Offs
  22. Stalking Could Cause Serious Difficulties
  23. Suing Your Insurer For "Bad Faith"
  24. Things To Look For In The O.J. Simpson Trial
  25. Using Small Claims Court To Recover a Personal Loan
  26. What Are Statutes Of Limitations? Or, Is It Vital To Take Timely Action
  27. What Is The Meaning Of "Tort" As In "Tort Reform?"
  28. When You Travel, Place Valuables In Hotel Safe
  29. Telling It Like It Is In Your Lawsuit
  30. Breach Of Promise-To-Marry Suits Difficult To Win
  31. You Might Not Have a "Case"
  32. Secret Recording of Conversations Could Be Illegal
  33. Superior Court Comes Of Age With New Website

Back to the Top

Elder Law Articles

  1. Excellent Publication Available For Seniors
  2. Durable Power Of Attorney For Health Care Is Advisable
  3. Elder Abuse Cases Are Serious Matters
  4. Powers Of Attorney May Be Very Effective
  5. People Over 70 Get Court Preference Dates

Back to the Top

Estate Planning Articles

  1. Veteran Wants to Know About Veteran's Death Benefits
  2. California Supreme Court Clarifies "Care Custodian" & Estate Gifts
  3. FAQs (Frequently Asked Questions) About Revocable Living Trusts
  4. Special Needs Trust May Be Very Special In the Circumstances
  5. A Real-Life Example of Adverse Repercussions After Passing On With No Trust or Will
  6. Filing a Creditor's Claim May Violate No-Contest Clause in Living Trust or Will
  7. Trustee Must Treat All Beneficiaries Fairly and Impartially - and Follow the Trust
  8. Disabled Person Can Sign Legal Documents by a Mark
  9. No-Contest Clauses May or May Not Apply - It Depends
  10. Disposition of Remains May Create Tug-Of-War
  11. "Cruzan," "Living Wills," And Durable Powers Of Attorney For Health Care
  12. Determination Of "Heir" May Not Be So Simple
  13. Does Your Will Cover All Of Your Property?
  14. Duties Of An Executor Explained, Discussed
  15. Living Trust Concept Presents Questions
  16. Durable Power Of Attorney For Financial Management May Be Advisable
  17. Living Trusts Bolstered By Recent State Court Decision
  18. Relationship To Common Ancestor May Be Important
  19. Insurance Beneficiary Designations Are Important
  20. Legal Tips For 2000
  21. Eight Reasons To Update Your Living Trust And Will
  22. Waving A Conflict Of Interest May Be Important
  23. New Health Care Decisions Law
  24. A Primer On Living Trusts - Avoid Probate And Reduce Estate Tax
  25. Expressing Your Wishes About Life Support
  26. "Pay On Death" Accounts May Trump the Will Or Living Trust
  27. Needless Probate Expenses Add Up In a Hurry
  28. New Way of Holding Title Now Possible, But . . .
  29. Legal Capacity May Be Crucial
  30. Too Many Strings Attached
  31. Higher Probate Fees In 2002 Create Interest In Living Trusts
  32. How To Help Your Parents Organize Their Records
  33. Trustee's Search For Lost Or Dormant Accounts May Be Interesting and Profitable
  34. Your Parent's Attorney May Not Have the Duty To You To Investigate Capacity
  35. Probate Filing Fees Now Much Higher After January 1
  36. Alzheimer's Patients May Be Helped Legally By Substituted Judgment Procedure
  37. Methods Of Holding Title Are Many and What's Best For You Depends
  38. A Handwritten Will May Not Be the Best Way To Go
  39. Californian's Need For Advance Health Care Directive
  40. Court Imposed Duties Of Conservators Are Important: (Part 1 Of 2)
  41. What a Conservator Of The Estate Needs To Do As Set By Law (Part 2 Of 2)
  42. Leaving Your Estate To Care Giver and Others May Create Issues

Back to the Top

Family and Divorce Articles

  1. Personal Property Arbitration May Help You Solve Problems
  2. Reader May Be Helped By Earnings Assignment Order For Support
  3. Ex-Spouse May Need to Comply with Employment Efforts Order or Face Imputation of Income
  4. Court Editing or Sealing of Divorce Records Up In the Air
  5. California Supreme Court Clarifies Right To Hearing In Move-Away Case
  6. Family Law Facilitator's Office May Help Those of Modest Means
  7. Reader May Want to Sever that Joint Tenancy as Soon as Possible
  8. Legal Separation Is One Thing - Divorce Is Another
  9. Fraudulent Cover-Up May Be Set Aside In Family Court
  10. Both Spouses Have Equal Rights To Family Records
  11. Can Premarital Agreements Be Binding?
  12. Child Custody Terminology: Mediation And Evaluation Defined, Discussed
  13. Confused About Custody Terminology? You Are Not Alone
  14. Emancipation Of Minors—What Does It Mean?
  15. Employment Efforts Order May Be Effective
  16. Grandparents As Guardians
  17. Mandatory Wage Assignments For Support Obligations Began July 1
  18. Parental Liability For Acts Of Minors
  19. Premarital Agreements Can Be Effective
  20. Reimbursement For Community Contributions To Education
  21. Risks In Doing Your Own Divorce
  22. Splitting Home Equity In A Divorce
  23. Taking Pregnancy Leave
  24. The Complete Divorce List Of Threats
  25. Dividing Properties In Marital Disputes Tricky
  26. Violent Spouses May Not Be Able To Obtain Custody
  27. U.S. Supreme Court Rules On Grandparent Visitation
  28. There May Be Remedies For Fraudulent Cover-Up
  29. Setting Long-Term Spousal Support By Computer May Not Work
  30. Alienation Of Affection Suits May Not Work
  31. Attempted Fraud May Backfire
  32. Secrets To a Good Premarital Agreement
  33. Getting Custody May Be a Problem For the Domestic Violence Perpetrator
  34. Spouse May Have Claim On Pay On Death Account Funds Given During Lifetime
  35. Forfeiting All Of the Community Property Usually Cannot Be Based on Fault
  36. Grandparents' Rights Clarified By California Supreme Court
  37. Jury Trials Are Not Always Available


Back to the Top

General Business Articles

  1. Personal Guarantees Usually Mean What They Say
  2. Business On Internet Has Legal Implications
  3. Factors To Consider Regarding Incorporating A Business
  4. Giving Out Reference Information Should Be Done With Care
  5. Guaranteeing Another's Note Can Be Fraught With Danger
  6. It's Important To Treat Trade Secrets With Respect
  7. LLCs' New Way Of Doing Business Makes Its Way To California
  8. Malicious Prosecution Suits Tough To Win
  9. ‘Payment In Full’ May Not Really Be Payment In Full
  10. Rubber Check Could Cost Writer Big Bucks
  11. Rules For Interpreting Business Contracts
  12. Ten Tips To Help You Stay Out Of Legal Trouble
  13. Trade Secrets May Be Protectable
  14. Watch Out For Conflicts Of Interest
  15. Signing Contracts By Email
  16. A Release May Not Protect You
  17. Copies May Be As Good As Originals In Court

Back to the Top

Personal Injury Articles

  1. "Assumption Of The Risk" Could Be A Problem When Kids Take Karate Classes
  2. Bicyclists Must Follow Same Rules As Motorists
  3. Compensation For Personal Injuries
  4. Person Bitten By Dog May Have A Good Case
  5. Professionals Must Use Reasonable Care
  6. Secret Recording Of Conversations Could Be Violation Of California Law
  7. Some Damages May Be Recoverable
  8. Spectator Injuries May Be Actionable
  9. Some Obstacles To Overcome With a Product Liability Suit

Back to the Top

Real Estate and Construction Articles

  1. Who Pays What Closing Costs in Santa Clara County?
  2. Your Home May Be Taken Away For That New Wallmart Or Hyatt Regency
  3. Spite Fences May Pose a Problem
  4. Deposit Receipts Are Usually Binding Contracts
  5. Destroying Your Neighbor's Tree May Be Wrongful
  6. Homeowners May Be Liable For Dangerous Sidewalks
  7. Joint Tenancy Titles Not Recommended
  8. When Selling The House, You Need To Work With Your Broker
  9. So, Your Big Kids Need Some Money
  10. How To Take Title To Property
  11. Keeping The House May Be Best For The Kids
  12. Landlords May Be Liable For A Criminal's Acts
  13. Check Your Deed And Bank Signature Cards
  14. Emotional Distress Damages In Construction Defects Cases
  15. Homeowners May Be Responsible For Contractors' Negligence
  16. Who Does Your Real Estate Agent Really Represent?
  17. Selling Your House 'As Is' May Not Get You 'Off The Hook' For Defects
  18. Changing Title To Property May Be Risky
  19. Law Requires Telling Buyers About Problems When Selling The House
  20. Listing Agreements May Be Important Legal Contracts
  21. Half-Way Houses In Almaden Valley?

Back to the Top

Working With Your Attorney Articles

  1. Attorney Discipline Varies With Circumstances
  2. Consumers May Be Aided By Client Security Fund
  3. Attorneys Must Go To School Too
  4. Duties Required Of Attorneys Are Many And Varied
  5. How You Can Help Your Attorney
  6. Lawyer Or Attorney, Which Term Is Correct?
  7. Options In Dealing With Your Attorney
  8. To Esq., Or Not To Esq.?
  9. Why Answering Legal Questions Over The Phone Isn’T A Good Idea
  10. Attributes Of A Good Attorney/Client Team
  11. Are Contingent Attorney Fee Contracts Really Fair?
  12. Entering A Fee Agreement With Your Attorney
  13. Who Pays The Attorney's Fees?
  14. Attorneys and Storage Of Estate Planning Documents
  15. When Your Attorney Drags His Or Her Feet
  16. How To Check Out Your Attorney With the State Bar
  17. Camaraderie Between Counsel Is OK
  18. Your Communication May Be Privileged...and Then Again It May Not Be

Back to the Top

General Interest Articles

  1. So You Want to Become a Notary? Here's How. . .
  2. 20 Years Observed as Almaden Times Columnist
  3. Interesting New Laws For 2006
  4. Donor of Gift May Not be Able to Get Gift Back
  5. Product Registration Cards vs. Invasion of Privacy
  6. About The State Of California's Great Seal
  7. "Auction" Doesn't Mean Goods Have To Go To Lowest Bidder
  8. Churches Must Follow The Rules Too
  9. What The Constitution Says About Impeachment
  10. You May Want To Know What's In Your Credit Report
  11. Rental Car Fuel Purchase Option May Be A Real Gas
  12. A Few New Legal Gems For 2003
  13. Professional Ticket Sellers Are Regulated by Statute
  14. Help Is On the Way For Clearer Jury Instructions
  15. How Computers Have Changed the Law Office
  16. Californian's Need for Advance Health Care Directive
  17. Trees Are Beautiful But Can Create Problems
  18. Circumstantial and Direct Evidence Not That Confusing
  19. They Would Do It All Over Again
  20. Declaring Laws Unconstitutional May Be Up To U.S. Supreme Court
  21. Obey the Law and Watch Out For Speakerphones
  22. Excellent Brochure Available About Kids And The Law
  23. Napa Valley Vintners Win One In California Supreme Court--Bronco Gets Busted
  24. Dumb Laws Can be Rather Humorous
  25. Getting That Engagement Ring Back Depends
  26. Guidelines For Following The Michael Jackson Case
  27. How To Avoid A Dilemma LIke The Teri Schiavo Case
  28. Suggestions For Your Advance Health Care Directive

Back to the Top