Johnston, Kinney & Zulaica LLP
Johnston, Kinney & Zulaica LLP

Call 415-527-0788

To Consult With An Experienced Attorney

Serving The Bay Area For More Than A Decade

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Dominic J. Campisi

Dominic J. Campisi

  • Of Counsel

Contact Me:

EMAIL ME

Legal Assistant

Patty DeOcampo

(415) 527-0788

Practice Areas

  • Fiduciary
  • Trust and Estate Litigation
  • Dispute Resolution Mediation, Settlement, Arbitration
  • Expert Witness
  • Arbitration

Education

  • Yale Law School, New Haven, Connecticut
    • Juris Doctor - 1974
    • Honors: Associate Chubb Fellow, Timothy Dwight College, Yale University
    • Honors: A Director, Moot Court
    • Honors: An Editor, Yale Law Journal
  • Bellarmine High School
  • Princeton University
    • M.P.A. - 1968
    • Honors: An Editor, Journal of Public and International Affairs
    • Honors: Mediation Training, 40-hour training, Rosenberg Mediation
    • Major: Urban Affairs, Princeton School of Public and International Affairs
  • University of Santa Clara
    • B.A. - 1966
    • Honors: magna cum laude
    • Honors: Junior Year, Institute of European Studies, Vienna, Austria
    • Honors: Bellarmine College Preparatory - 1st in class, awarded four-year scholarship for best newspaper editorial. Decided to go to SCU in the Honors Division

Biography

Dominic J. Campisi ("Dom") is Of Counsel at Johnston, Kinney & Zulaica LLP. His extensive legal career spans over 50 years with experience including work with the U.S. Justice Department and U.S. Court of Appeals for the Ninth Circuit to specializing in litigation with emphasis in fiduciary litigation as an associate with Morrison and Forester, to being a Partner and shareholder with the law firm Evans, Latham & Campisi. As a trial lawyer, Dom has completed 46 trials in Federal and State Courts and includes experience as an Arbitrator, Judge Pro Tem, and Settlement Neutral. Dom has been recognized as a Super Lawyer, Probate and Trust, here in San Francisco 2005-2022.

Dom's professional associations are impressive, to name a few, as an Author of the California Trust and Probate Litigation (CEB) publication, a Fellow of the American College of Trust and Estate Counsel chairing the Fiduciary Surcharge and Damages Committee since 2003, and a member of the National College of Probate Judges.

Dominic J. Campisi brings a dimension of understanding legal concepts and angles for those people he works with and for, and all the while, keeping his sense of humor and storytelling to naturally bind elements together.

 

Bar Admissions

  • U.S. Court of Appeals 9th Circuit, 1975
  • U.S. District Court Northern District of California, 1976
  • U.S. District Court for the District of Minnesota, pro hac vice
  • U.S. District Court for the District of Hawaii, pro hac vice, 1976
  • U.S. District Court for the District of Oregon, pro hac vice
  • U.S. District Court for the Eastern District of Washington, pro hac vice
  • U.S. District Court for the Western District of Washington, pro hac vice
  • U.S. District Court for the Northern District of Ohio, pro hac vice
  • U.S. District Court for the Southern District of Ohio, pro hac vice
  • U.S. District Court for the District of Nevada, pro hac vice
  • California, 1974

Recognition

  • American College of Trust and Estate Counsel, Fellow
  • Super Lawyer, Probate and Trust, San Francisco, 2005-2020

Professional Associations

  • State Bar of California, Member, 1974
  • American Bar Association, Member
  • American Bar Association, Litigation, Member
  • American Bar Association, Dispute Resolution, Member
  • American Bar Association, Real Property, Member
  • American Bar Association, Trust and Estate Law, Member
  • American Bar Association, Estate and Trust Litigation Committee, Section on Real Property, Probate and Trust Law (RPPTL), Chairman, 1984 to 1988
  • American Bar Association, Estate and Trust Litigation Committee, Section on Real Property, Probate and Trust Law (RPPTL), Vice-Chairman, 1981 to 1984
  • American Bar Association, Estate and Trust Litigation Committee, Section on Real Property, Probate and Trust Law (RPPTL), Vice-Chairman, 1988 to 1996
  • Book and Media Committee, RPPTL, Editor, 1989 to 1990
  • Litigation, Malpractice, Ethics and Malpractice, and Bioethics and the Law Committee, Chair
  • National Conference of Corporate & Fiduciary Lawyers, Standing Committee on Biotechnology and the Law, Member, 2011
  • Council of RPTEL, Member, 2000 to 2006
  • Council of RPTEL, Member, 2011
  • Subcommittee on Fiduciary Surcharge, Litigation Committee of ACTEC, Chair
  • International Academy of Estate and Trust Law, 1997 to present, Practitioner Academician
  • National College of Probate Judges, , Attorney Member, 1995-1998
  • American Bankers Association, National Graduate Trust School, 1998-2007, Faculty Member
  • National Conference of Lawyers and Corporate Fiduciaries, Member, 2000-2006 and 2011 to present
  • American Bar Association, Continuing Legal Education Committee, Member, 2006-2014
  • American Bar Association, Litigation and Dispute Resolution Group, 2004-2007, Group Chair
  • American Bar Association, Committee on Ethics and Malpractice, Probate and Trust Division, 1996-2003, Chair
  • American Bar Association, Committee on Bioethics, 2002 – 2004, Co-Chair
  • American Bar Association, Study Committee on Law Reform, 1996-1998, Vice-Chair
  • American Bar Association, Standing Committee on Bioethics and the Law, Member, 1999-2003
  • San Francisco Bar Association, Settlement Panel Member, 1987 to present
  • San Francisco Bar Association, Estate and Trust Litigation Subcommittee, , Co-Chairman, 1991-1996
  • Fellow, American College of Trust and Estate Counsel, 1991, present; member, Litigation Committee; chair of subcommittee on Interference with Right to Inherit and Other Torts, 1997 to 2000. Chair of subcommittee on Fiduciary Surcharge and Damages, 2003 to Present
  • Practitioner Academician, International Academy of Estate and Trust Law, 1997 to Present
  • Attorney Member, National College of Probate Judges, 1995-1998, 2004 to present
  • Faculty Member, American Bankers Association, National Graduate Trust School, 1998-2007

Speaking Engagements and Publications

  • Trust and Investments, Fiduciary Forum, Probate and Property, Trust and Estates, Heckerling Institute, Real Property Probate and Trust Law Journal
  • Book and Media Committee, RPPTL, 1989-1990
  • Author, California Trust and Probate Litigation (CEB 1981-1998) program books for litigation programs every two years
  • Planner, Editor and Chapter Author, California Trust and Probate Litigation (California CEB 1998 to present)
  • Editor, Media Book Products Program, American Bar Association, 1988-1990

Classes and Seminars

  • California CEB on probate and trust litigation, Real Property Remedies and litigation and Escrow Disputes, Lecturer
  • National College of Probate Judges, Attorney Member
  • International Academy of Estate and Trust Law, Academician
  • American Bankers Association National Graduate Trust School, Faculty Member
  • American Bankers Association, Lecturer
  • Office of the Comptroller of the Currency, Lecturer
  • Federal Financial Institutions Examination Council, Lecturer
  • Fiduciary Investment Risk Management Association, Lecturer
  • ALI-CLE, Lecturer
  • National College of Probate Judges, Lecturer
  • Continuing Education of the Bar, California - Lecturer, 1981-present. Estate and Trust Litigation, 1981, 1982, 1986, 1989, 1991, 1994, 1996
  • Lecturer for the Office of the Comptroller of the Currency, FDIC and Federal Fiduciary Investment Examination Council, 1985 to 2020
  • Lecturer for National Association of Trust Audit and Compliance Professionals and Fiduciary Investment Risk Management Association , 1985 to 2020
  • “Fiduciary Remedy and Damage Study” - editor and author, (Case and Statutory law in 50 States on remedies for breach of trusts), Fiduciary Litigation Committee, ACTEC, 2018
  • “Heirs in the Freezer: Bronze Age Biology Confronts Biotechnology” 36 ACTEC Journal 179, 2010 (with Claudia Lowder and Naznin Bomi Challa)
  • “Fiduciary Litigation Highlights: Ethical Dilemmas,” Trust and Investments, July-August 2012 at 33
  • “Trustee Liability and Damages” Firma Forum 2012 Issue 2 at 14
  • “Trust Officer Ethics: Sources and Meanings” American Bankers Association, Trust Letter, December 2013
  • “Elder Abuse Liability,” 23 ALI Estate Planning Course Materials Journal 4-64, June 2017
  • “Fiduciary Remedy and Damage Study.” Editor and author, (Case and Statutory law in 50 States on remedies for breach of trusts), Fiduciary Litigation Committee, ACTEC, March 2018
  • "Concepts Colliding: Unitrusts, Modern Portfolio Theory, and Trustee Liability and Profitability," American Bankers Association Trust & Investments, November/December 1999
  • “The Perils of Prosperity: What Goes Up Will Likely Result in Surcharge,” 2001 Heckerling Institute (Chapter 12), 2001
  • “ Competence and the Duty of Impartiality,” 140 Trusts and Estates 45, May 2001 • Index Returns as a Measure of Damages in Fiduciary Surcharge Cases,” 140 Trusts and Estates 18, June 2001
  • “Two Fiduciary Duties that Are Often Overlooked,” 140 Trusts & Estates 17, September 2001
  • “Of Delegating and Double-Dipping,” 142 Trust & Estates 62, January 2004 with Andrew Zabronsky
  • “Procedural Prudence -- I”, 103 Trust & Investments 46, “Part II” 104 Trust & Investments 44, 2005
  • “Procedural Prudence -- IIII”, 105 Trust & Investments 48, 2005
  • “Surprising Decisions” Trusts & Estates at 57, September 2005
  • “Fiduciary Litigation Trends,” Firma Forum, Fall , 2005, at 26; Spring, 2006
  • “Investment Discretion and Directed Trustee Liability,” Trust & Investments, July 2006
  • “Fiduciary Litigation Update,” Firma Forum, Spring, 2006 at 6, Summer, 2006 at 40
  • “Marshall v. Marshall: Rashomon Revisited,” 21 Probate & Property,” 8, January/February 2007
  • “Learning from Disasters and Near Disasters,” 3 FIRMA Forum 40, Winter 2007
  • “The Morals of the Marketplace” ethical duties of fiduciaries, Trust & Investments, July 2007
  • “Mandatory Arbitration in Probate and Trust Disputes; Recent Decisions,” 4 The Journal, National College of Probate Judges, at 13, Fall 2007
  • “The Sensitive and Inflexible Rule of Fidelity,” ABA Trust and Investments, July 2008
  • “Litigation coming to a Courtroom Near You,” ABA Trust and Investments, July 2009
  • “Bleeding Orange: The Impact of Attorneys’ Fees on the Robertson Litigation and Settlement,” 3 ACTEC Newsletter 45, 2009
  • ”Fiduciary Liability: Bashing or Normalcy” 136 Trust and Investments 8, July 2010
  • “Heirs in the Freezer: Bronze Age Biology Confronts Biotechnology,” 36 ACTEC Journal 179 (with Claudia Lowder and Naznin Bomi Challa), 2010
  • “Surcharge for Failure to Diversify,” The Forum, 2011 Issue 1 at 16
  • “Be Good or Beware: Ethical Violations by Fiduciaries, Trust and Investments, July/August 2011 at 6
  • “Trust Officer Ethics: Sources and Meanings” American Bankers Association Trust Letter, December, 2013
  • "Civil Disturbance Regulations: Threats Old and New", 50 Indiana Law Journal 757, 1975
  • "Estate of Buck: Frustration of a Charitable Purpose," 124 Trusts and Estates 70, January 1985
  • "Alternatives to Litigation in Trust and Probate Proceedings", 42 The Arbitration Journal 30, September 1987
  • "Courts Change Standards of Conduct for Trustees", 127 Trusts and Estates 39, January 1988
  • "Requests for Admissions", California Continuing Education of the Bar, 2 Civil Discovery Practice in California 667, 1988
  • Revisions Editor for Chapters 11-14, Continuing Education of the Bar, California Trust Administration, Second Edition, 1990
  • "Emerging Damages Claims and the Right to Jury Trials in Fiduciary Litigation," 27 Real Property Probate and Trust Journal 541 (co-author with Latham and Ross) (50 State Survey), 1992
  • "Litigation Becomes Electra," Probate and Property, May/June 1999
  • "Joint Tenancy Accounts: An Un-Uniform Law" 30 Real Property Probate and Trust Journal 399, Fall 1995
  • "'The Punctilio of an Honor the Most Sensitive': An Uncomfortable Perch" California Trust and Estates Quarterly, Winter, 1995
  • "Disclosure of Administrative Advice of a Fiduciary's Counsel" California Trust and Estates Quarterly, Fall, 1997
  • "Theory Becomes Law: Applying Restatement Third of Trusts to the Real World of Surcharges," Trust & Investments, November/December 1998 "Estates and Trusts: Dispute Resolution and Litigation" (audio tape), 1989; (video tape, 1991), (video tape, 1994)
  • “Escrow Disputes,”CEB 1985-1987
  • “Litigation Aspects of Court Supervision,” 7th Annual UCLA-CEB Estate Planning Institute, 1985
  • "Honored in the Breech: Presidential Authority to Execute the Laws with Military Force", 83 Yale Law Journal 130, 1973
  • Lecturer, Legal Assistance to Seniors, Remedies for Elder Abuse, Cognitive Decline
  • Tax Section of the California State Bar "A Dangerous Instrumentality" Malpractice Claims in Estate Planning and Administration, 1996
  • Probate Section of the California State Bar, "Keeping out of Trouble: Ethical Problems & Solutions for Estate Planners and Estates and Trusts Practitioners" 1996
  • Probate Section of the California State Bar, Mock Trial of a Disputed Will and Trust Matter, Respondent's Counsel, May 1999, San Francisco
  • American Bar Association, Lecturer, 1981-present
  • American Bar Association, “Alternatives to Litigation,” New York, 1985
  • American Bar Association, “Fiduciary Litigation,” Toronto, August 1988
  • American Bar Association, “Escape from Bleak House: Alternatives to Litigation", Hawaii, August 1989
  • American Bar Association, “A Legacy of Litigation, Attacks on Testamentary and Inter Vivos Transfers,” Orlando, April 1991
  • American Bar Association, Estate and Trust Litigation,” Atlanta, 1991
  • American Bar Association, “Marshalling Assets for Decedents and Conservatees,” Orlando, April 1993
  • American Bar Association, “Deposing and Examining Expert Witnesses at Trial,” Orlando, April 1993
  • American Bar Association, “Do We Need a New Standard for Removal of Trustees and Termination of Trusts,” New York, August 1993
  • American Bar Association, “Litigation Becomes Electra: Settlement of Real Property, Probate and Trust Disputes,” Washington, D.C., May 1994
  • American Bar Association, “Joint Tenancies, an Un-Uniform Law,” Washington, D.C. May 1994
  • American Bar Association, Counseling the Fiduciaries: "The Search for the Deep Pocket--Is it Yours?" San Diego, May 1996
  • American Bar Association, “Avoiding Malpractice,” Washington, D.C. May 1997
  • American Bar Association, “Malpractice in Settlements: Trial of the Case Within the Case,” Toronto, August 1998
  • American Bar Association, "Damages for Breach of Trust," ALI-ABA, San Francisco, June 1999, Boston, 2001, San Francisco, July 2002
  • American Bar Association, "Attorneys as Fiduciaries," Atlanta, August 1999
  • American Bar Association, “Modern Investments, Modern Damages, Old Dilemmas,” Miami, March 2000
  • American Bar Association, “Collusion with the Trustee,” San Francisco, April 2002
  • American Bar Association, “Bioethics,” New York City, April 2003
  • American Bar Association, “Update on Liability of Fiduciaries and their Attorneys,” Seattle, April 2004
  • American Bar Association, “Hot Topics,” Atlanta, Litigation Section, August 2004
  • American Bar Association, “Freezing Intent: IVF Contracts,” Tampa, ABA/Fla Bar, November 2004
  • American Bar Association, “Damages for Breach of Trust,” and “Duty to Diversify” October 2006, Denver
  • American Bar Association, “Myths, Realities and Liabilities Under Modern Portfolio Theory and the Uniform Prudent Investor Act,” Vancouver, B.C. September 2007
  • American Bar Association, “Modern Portfolio Theory Suffers from Reality Check,” Hot Topics, RPTEL Council, July 2009, Chicago
  • American Bar Association, “Escaping Bleak House: Alternative Dispute Resolution,” RPTEL Spring CLE, May 2010, Philadelphia
  • American College of Trust and Estate Counsel, "When you Can't Ask the Decedent: Interpretation, Construction and Reformation of Wills and Trusts," March 1993
  • American College of Trust and Estate Counsel, "The Search for the Deep Pocket," October 1999
  • American College of Trust and Estate Counsel, “Open Architecture for Trusts,” Pittsburgh, October 2004
  • American College of Trust and Estate Counsel, “Litigation Update,” Southeast Regional Meeting, Richmond, September 2004
  • American College of Trust and Estate Counsel, “Document Creation and Retention” Amelia Island, Florida, October 200.
  • American College of Trust and Estate Counsel, “Situs: Litigation Issues” Providence, Rhode Island, October 2006
  • American College of Trust and Estate Counsel, Fiduciary Litigation, ACTEC Heart of America regional meeting, Kansas City, May 2007
  • American College of Trust and Estate Counsel, “Undue Influence” and “Malpractice”, March 2008
  • American College of Trust and Estate Counsel, “Damages,” Baltimore, Maryland, October 2011
  • American College of Trust and Estate Counsel, “A Litigator’s View of Directed Trusts, Quiet Trusts and Silent Trusts: A Little Magic or a Lot of Bad Mojo?”, New Orleans, October 2014
  • American College of Trust and Estate Counsel, “The Other Decanting,” alcoholic assets and risks, Monterey, California, October 2015
  • CPA Organizations, Member California Society CPA Alternate Dispute Resolution Section
  • CPA Organizations, California CPA Education Foundation, “The Search for the Deep Pocket,” San Francisco, January 2013
  • American Bankers Association, Lecturer, National Trust and Financial Services Conference, New York, "The Fiduciary Goes to War" (audio tape), 1990
  • American Bankers Association, "Trends in Litigation," National Trust and Private Banking Conference, 1996
  • American Bankers Association, "Trends in Surcharge Actions," Carmel, 1986
  • American Bankers Association, Protecting the Fiduciary, "Achieving Finality" San Francisco and Boston, 1989
  • American Bankers Association, National Conference of Lawyers and Corporate Fiduciaries, "Trends in Fiduciary Litigation and Liability, San Francisco, October 1994
  • American Bankers Association, National Trust Closely Held Business Association
  • American Bankers Association, New England Trust Companies, "Fiduciary Litigation Trends," Boston, December 1996
  • American Bankers Association, “Trust Litigation Trends,” National Trust and Financial Services Conference, Washington, D.C., 1997
  • American Bankers Association, “The Law of the Jungle,” California Bankers Association, Annual Trust Meeting, San Francisco, September 1997
  • American Bankers Association, The Law of the Jungle, 1998 ABA/AMA Trust, Asset Management & Marketing Conference, New York City, 1998
  • American Bankers Association, “Trust Litigation,” National Association of Trust Audit and Compliance Professionals, New Orleans, April 1998
  • American Bankers Association, “Fear and Loathing in the Courtroom,” California Bankers Association Annual Trust Meeting, Pasadena, 1998
  • American Bankers Association, “Litigation Update,” American Bankers Association, Wealth Management & Trust Conference, San Francisco, January 1999
  • American Bankers Association, “Fear and Loathing in the Courtroom,” Texas Bankers Association, Austin, April 1999
  • American Bankers Association, “The Black Swans (and other Cliché) have come Home to Roost,” March 2009, San Francisco
  • American Bankers Association, “Ethics and Liability for Trust Officers and Trustees” Wealth Management and Trust Conference, San Francisco, Feb 10, 2019
  • American Bankers Association, "Avoiding Litigation," Silverado, California, 1991
  • American Bankers Association, “Investment Liability,” Huron, Ohio, October 2003
  • American Bankers Association, National Trust Closely Held Business Association, “Fiduciary Litigation,” Litchfield Island, South Carolina, September 2005
  • American Bankers Association, National Trust Closely Held Business Association, “Fiduciary Litigation,” Santa Rosa, California, September 2011
  • Other Banking Organizations , Trust Management Association, “Fiduciary Litigation,” Half Moon Bay, California, April 2006
  • Other Organizations, National Trust Real Estate Association, "Trends in Surcharge - Quicksand or Terra Firma," San Francisco, May 1995
  • Other Organizations, Office of the Comptroller of the Currency, "Fiduciary Litigation," Minneapolis, August 1996
  • Other Organizations, National College of Probate Judges, "Expert Witnesses in Trusts and Estate: Competency and Undue Influence," Newport, Rhode Island, May 1995
  • Other Organizations, Heirs, Palm Beach, Florida, January 1997,” Removing Trustees; Surcharging Trustees”
  • Other Organizations, Eugene, Oregon, Estate Planning Council, March 1998, “Modern Portfolio Theory and Fiduciary Investments”
  • Other Organizations, Sacramento Estate Planning Council, January 1999, 2002