LEGAL KNOWLEDGE

Michael Lynn Gabriel has been a practicing attorney with practical experience in every field in which I have written a book. The fields of law in which I have written are as follows:

 

Mr. Gabriel has also written a book entitled, the Complete Guide to the Law published by Citadel Press which was accepted a reference book for the Nevada Supreme Court’s library.

Mr. Gabriel passed the California, Colorado and Nevada bar exams on my first attempts. In fact, in Colorado, the rule is that if an attorney gets 98% or higher, meaning missing no more than two questions out of the 200 on the multi-state portion, the state bar does not read the written questions.  Mr. Gabriel was congratulated by the Colorado bar, as one of those persons. I am admitted in many federal courts including the US Supreme Court, Court of Claims, Tax Court, Ninth Circuit Court of Appeal, Federal Circuit Court of Appeal, all four District Courts of California,  and the  District Court of Nevada.

In law school,  Mr. Gabriel was awarded  three American Jurisprudence Awards for scholastic excellence in the fields of Real Property Law, Agency and Partnership Law and Administrative Law, the fields of law most often associated with an civil and corporate law practice.

LITIGATION AND APPELLATE EXPERIENCE

It is impossible to be a successful civil corporate and appellate  attorney without being able to research, analyze, interpret, and apply statutes, regulations, court decisions and to the case at hand.

Mr. Gabriel’s longest trial was a five and one-half month long Federal Civil Rico Jury Trial in Los Angeles which he won.

One of Mr. Gabriel’s  reported cases was an important and seminal securities and administrative law case, MORELAND vs. THE DEPARTMENT OF CORPORATION (1987) 194 Cal.App.3d 506. This case served as a basis for a CBS 60 MINUTES segment and articles were written on it in the LOS ANGELES TIMES and THE CHRISTIAN SCIENCE MONITOR. The case is important because it served to settle the security law in a commodity trading situation. To put it simply one has the Howey Test for what constitutes a security and the Moreland Test as when the sale of a commodity becomes a security.  In fact, the case was so important at the time in developing the law that the NASAA, the association of all 50 State Corporation Commissioners filed an Amicus Brief against me. Despite the near overwhelming opposition arrayed against me,  Mr. Gabriel prevailed in the litigation and established the now controlling precedent.

It was Mr. Gabriel who alone pioneered the admissibility and use of thermography in California not just for workers’ compensation and OSHA but product liability, personal injury and forensic science as well. Up through the early 1980’s, there was no way to prove soft tissue injury in Workers Compensation, OSHA, product liability or any other personal injury cases. The scientific test of thermography, which has been around since the early 1960’s, was not admissible in California courts until he changed the law. His firm had a product liability case in which our client was injured in falling off a forklift which did not have any safety features. My client’s soft tissue injuries did not show up in any admissible test and because of that the neither CAL/OSHA nor FED/OSHA would proceed with a complaint against the forklift manufacturer for failing

to provide obvious safety features which would have prevented the injury. Only thermographs showed the injuries exactly where the client claimed pain but the test was not accepted in California. The Superior Court refused to allow the use of the test as evidence and the Appellate Court denied a writ to allow it. Mr. Gabriel, however, went on and filed a writ with the California Supreme Court. The day before the trial was to start the Supreme Court granted the writ and vacated the trial date and from that day thermographs have been accepted scientific tests in California courts. For advancing California law, he was named by the Los Angeles Daily Journal as one of its top Attorneys.

CORPORATE AND MANAGERIAL EXPERIENCE

Mr. Gabriel’s  knowledge in corporate law and management is such that he has taught business law, labor, management and employment law at the Western Nevada Community College.  Mr. Gabriel also possess a Master of Science in Management (MSM) from Pacific Christian College. In his Master’s program, he specialized in the business and communication skills needed in both the business and legal environment. In addition, Mr. Gabriel has also both written a book on Law Office Management and has taught CLE courses on it for fifteen years.

Mr. Gabriel  possess both a Diploma in Taxation and Master of Laws, (LLM) in Taxation from the University of San Diego School of Law. My Master’s thesis was titled, “The Tax Consequences and Recommendations for A Subsidiary Dealing in Its Parent’s Stock” and dealt with the use of corporate stock as a financial planning tool.

JUDICIAL EXPERIENCE

As a commissioner, referee, administrative law judge, or hearing officer.

1. Served as Special Master of the California State Bar 1982-1987
2. Served as Judge Pro Term of Kern County  1985-1987
3. Served as Judge Pro Term of Los Angeles County  1986
4. Served as Mental Health Hearing Officer of Mendocino County 1988-1991

EDUCATION

Colleges and universities attended, dates, and degrees:

UNDERGRADUATE UNIVERSITY

YOUNGSTOWN STATE UNIVERSITY, March 1976. Bachelor of  Science (BS) in Biology Youngstown Ohio with dual minor in  both Physics and History

UNDERGRADUATE LAW SCHOOL

THOMAS JEFFERSON SCHOOL OF LAW, Nov 1978. Juris Doctorate (JD) in law San Diego, CA

GRADUATE BUSINESS SCHOOL

PACIFIC CHRISTIAN COLLEGE,  May 1980. Master of  Science in Management Fullerton, California (MSM)

GRADUATE LAW SCHOOL and Master of SCHOOL OF LAW, May 1982. Diploma in Taxation and Master of UNIVERSITY OF SAN DIEGO – Laws in Taxation (LLM)

HONORS, PRIZES AND AWARDS

1.  Youngstown State Academic Honors Dean’s List three times

2. Thomas Jefferson Academic Honors

Three American Jurisprudence Awards School of Law for scholastic excellence in Agency and Partnership Law, Real Property Law and Administrative Law

3. Univ of San Diego Thesis “Tax Consequences and School of Law Recommendations for a Subsidiary Dealing in Parent’s Stock.”

4. CBS 60 Minutes Segment

For winning Moreland v. Dept of Corporations and creating the Moreland Test for determining  when the sale of a commodity becomes a security.

5. Los Angeles Daily Journal

Named a top California attorney for pioneering the approval of the scientific test of thermography in California Courts.

6.  Republican Party Gold Medal Awarded

Republican Gold Medal. In 2002, I submitted a tax proposal to both parties law in Congress  to allow Americans to use part of their IRA’s to  pay for their homes. It was partially enacted into law. In appreciation of my volunteer work, Vice President Cheney of the United States gave me the Republican Gold Medal which was quite a rare honor and accomplishment to be bestowed on an Independent.

PROFESSIONAL ADMISSIONS

Mr. Gabriel  passed the California, Colorado and Nevada bar exams on my first attempts. In fact, in Colorado, the rule was that if an attorney gets 98% or higher, meaning missing no more than two questions out of the 200 on the multi state, the state bar does not read the written questions. Mr. Gabriel  was congratulated by the Colorado bar, as one of those persons.

Court or Administrative Body	Date of Admission
State of California	1979
State of Colorado	1987
Stave of Nevada	1991
US Supreme Court	1979
US Court of Claims	1979
US Tax Court	1979
US Federal Circuit Court of Appeal	1979
US Northern District Court of California	1979
US Eastern District Court of California	1979
US Central District Court of California	1979
US Southern District Court of California	1979
US District Court of Nevada	2009