Gina I. Policastri

One of Gina I. Policastri’s first exposures to family law is tied to a home run king.

“I built on my interest by writing a legal comment on the Barry Bonds divorce case, and the prenuptial agreement legislation it subsequently sparked, for the Santa Clara Law Review,” she said. “That legal comment turned into a law clerking position, and I was hired as one of my firm’s first associates upon passing the bar.”

She has been a family law specialist since 2010 and has handled hundreds of family law cases since joining Lonich Patton Ehrlich Policastri after graduating from Santa Clara University School of Law.

Policastri handles all areas of family law, including high conflict custody and domestic violence cases, complex business valuation and asset division issues and child and spousal support matters.

Since then, she has represented clients in various cases, including a separate property business owner whose spouse became involved with its operations during marriage. Policastri achieved a favorable outcome for her client by retaining a qualified forensic CPA, allowing her client to retain their business and waive spousal support.

“The post-separation operation of the business presented cross-over legal issues involving fiduciary duties under the family law code and non-compete issues in the context of business/corporate law,” Policastri said “While spouses must uphold their fiduciary duties until the completion of a case, oftentimes that can become challenging when one spouse ceases day-to-day involvement or seeks employment within the same field as the business being valued. In some cases, a separate civil action may be necessary to protect the interests (and value) of the business.”

Addressing recent trends, Policastri said the rise of artificial intelligence tools for lawyers brings great opportunities along with great responsibility.

She noted that the State Bar of California Standing Committee on Professional Responsibility and Conduct recently issued practical guidance for use of AI in the practice of law, focusing on confidentiality, competence, supervision, communication and candor.

“AI tools in a family law matter have the potential to significantly reduce client costs in financial discovery matters as well as legal research, but caution must be taken with the level of reliance attorneys place on these tools as well as the information (often confidential) provided,” Policastri said. “In larger family law firms, these concerns can be adequately addressed with proper training and supervision. Even so, I predict that as AI becomes more accessible and prevalent in our everyday practice, the California State Bar will take more concrete measures to define our professional responsibilities, and courts will need to address its use in local court rules.”