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Mr. Gailen began practicing law in 1980, representing clients in criminal-defense jury trials, where he litigated pretrial motions to suppress, Pitchess motions, motions in limine and preliminary hearings. Mr. Gailen has extensive experience in both jury and court trial. When a criminal case went to trial he conducted the defense, including extensive cross-examination of seasoned police officers, detectives and expert witnesses in a wide variety of specialties. The years of conducting cross-examination of expert law enforcement officers in both State and Federal Trials, provided Mr. Gailen with the realization that cross-examining lay people with basically no experience in testifying, such as in dissolution of marriage actions, that he could be successful in helping family law clients achieve their goals through the litigation process. Mr. Gailen’s success is includes even family law firms requesting that he be retained to do their family law trial and/or associate in to be the first chair in such trials to better help their clients.
His practice began to expand to include bringing causes of action to trial in civil litigation, personal injury, and contracts and other business law cases and consulting.
After a few years of practicing law, Mr. Gailen had gained extensive experience in jury and court trials, including cross-examining experienced law enforcement officers and experts, he began representing clients in all types of family law matters — including divorce, child and spousal support, custody, evaluations and domestic violence restraining orders. The experience Mr. Gailen had gained earlier in cross-examining police officers, detectives and expert witnesses proved advantageous in the cross-examination of husbands and wives.
Over the years, Mr. Gailen and Scott Gailen, Inc. have been involved in several published cases that other attorneys, courts and litigants may rely upon as precedent in their cases. Mr. Gailen personally has litigated more than 200 trials, including jury trials and court trials in both civil and criminal cases, and a substantial number of court trials in family law matters for over 33 years.
He also has litigated thousands of court hearings, including motions, orders to show cause, request for orders, restraining orders, arraignments, preliminary hearings, trial setting conferences, pretrial conferences, mandatory settlement conferences, final status conferences, readiness conferences, filings, hearings and trials.
Venues have included Los Angeles Superior Court (Central and almost all, if not all branch courts in Los Angeles County), Ventura Superior Court, Orange County Superior Court, and most other counties in Southern California, (This includes, Family Law, Criminal Law and Civil Litigation), Department of Children’s Services courts, and Juvenile Dependency and other hearings types in state court, the California Court of Appeal and U.S. District Court (9th Circuit). Mr. Gailen also has represented clients in other states and federal court circuits throughout the United States, including courts in Nevada, New Mexico, Oregon, Illinois, Minnesota and Colorado.
In addition to his substantial litigation experience in virtually every type of action or case that would bring a party into a courtroom, arbitration or mediation, Mr. Gailen also has gained expertise in negotiating client cases outside of the courts. Since Mr. Gailen’s philosophy is that if his opposition is not reasonable in negotiating a resolution, then his reputation is that he will just proceed to trial, he is able to settle a substantial number of cases that should be settled. Most attorneys who know Mr. Gailen, realize he is reasonable in negotiating and if there is no settlement, they will almost certainly be in trial. His reputation in the Court system is that in the courtroom, he is reasonable, tough, and his cross-examination techniques have been characterized as effective, efficient, and even ruthless when necessary to obtain the truth. He is further known in court to be extremely prepared and organized in his presentation, and the judges continuously compliment him on his trial abilities and effectiveness.
Mr. Gailen has proven over his extensive number of years of litigation experience to be skilled at every facet of a client’s legal needs. Mr. Gailen personally overseas every aspect of his client’s cases.
Family Law (custody, visitation, child and spousal support, restraining orders, domestic violence, dissolution of marriage, separation and nullity petitions); Criminal Defense (DUIs, theft, drug cases, concealed weapons charges, embezzlement, fraud and other types of misdemeanor and felony criminal charges); DMV hearings relating to DUI and license issues, administrative hearings including LAUSD, ABC (Alcohol and Beverage Control) and other city, county and state agency licensing issues; Civil Litigation (contract and business disputes); debt collection; entertainment litigation; Personal Injury such as vehicular accidents, slip and fall, slander and defamation and wrongful termination; Business-related issues including drafting and interpretation of contracts, agreements, partnership agreements, non-disclosure, confidentiality and non-compete agreements, formation and Incorporation of a business as well as formation of a limited liability company (LLC) and DBAs (fictitious business name statements). Mr. Gailen also is available for Business Consulting for your business needs. Probate preparation of Wills and analysis and litigation if necessary of trusts.