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About Company

Tim and Dave

Welcome To Henshaw & Henry, PC

Henshaw & Henry, PC in San Jose, California, serves clients throughout the Bay Area.

At Henshaw & Henry, PC, we provide high quality legal services to each of our clients. We are experienced in various legal matters including: civil litigation, estate planning, probate, administrative law, and alternative dispute resolution. We manage business transactions, negotiate successful resolutions, and advise clients to keep them out of court.

Henshaw & Henry, PC is knowledgeable, well-rounded, and versatile. We are experienced in the common problems that individuals and businesses face. While each and every client has a unique set of problems, we are confident that we have the expertise to resolve your legal issues.

We enjoy building relationships with our clients and understand the problems they face every day. Too often people are afraid to contact their lawyer. Our clients appreciate that we listen to their goals and objectives during the entire representation. In doing so, we are able to advise them towards the most desired legal conclusion.

Civil Litigation

We assist businesses and individuals in lawsuits such as breach of contract, fraud, employment disputes, and commercial law.

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Estate Planning

We create plans that are tailored to the needs of each individual, as well as the beneficiaries of the individual.

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Probate


We guide you and those entitled to benefit from a loved one’s passing through the difficult times of resolving asset distribution.

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Personal Injury


We help you manage the complex process of recovering what you rightfully deserve after you suffer because of someone’s else’s negligence or purposeful actions.

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Why Us?

Henshaw & Henry, PC takes an analytic approach to your personal needs. We review your situation to determine the necessary and important actions for your specific legal concerns. We offer free consultations so that you can feel comfortable making the right decisions during what is likely a difficult time.

Frequently Asked Questions

I’m not wealthy. Is estate planning for me?

A. Absolutely. We like to think of estate planning as a type of emergency preparation. A comprehensive estate plan generally includes documents to protect against incapacity such as an advanced healthcare directive and durable power of attorney. Establishing a guardianship for minor children is also included in an estate plan.

I have been sued. What is the next step?

A. Individuals or companies that are sued in the California Superior Court are to be served with a copy of the summons and complaint against them. Named Defendants are required to file a response with the court in order to avoid a judgment against them. There are a variety of responses that can be filed with the court, depending on the circumstance. In simple matters, the court has created a form to generally deny all the claims included in the plaintiff’s complaint. However, it may be necessary to file a motion to dismiss the case (called a demurrer). At Henshaw & Henry, PC we help determine the best response based on your circumstances, and the complaint filed against you.

Is a living trust expensive?

A. Not when compared to all of the costs of court interference at incapacity or death. The cost of establishing a trust depends entirely on the complexity of the estate, the grantor’s goals, and the extent to which the trust is funded.

I want to receive information from the other party that has sued me. What can I do?

A. When you are in litigation you are entitled to receive information from the other party. This is done through a process known as “discovery.” Through discovery you are able to get answers to specific questions and receive documents that are relevant to your case. If you receive/send discovery responses to those requests are due within approximately thirty (30) days. A party’s failure to respond to discovery requests can result in motions for the court to compel such responses, with monetary sanctions for such failure to respond. If you are in a lawsuit and have discovery questions, contact Henshaw & Henry, PC today to receive assistance in your case.

Does my trustee also make health care decisions?

A. Not necessarily. Your health care agent would make health care decisions for you if you become incapacitated. The instructions for your health care agent are found in your advanced healthcare directive–also known as your power of attorney for health care decisions.

Will my litigation matter go to trial?

A. The majority of cases never end up going to trial. One of the main reasons for this is that getting to trial is usually very expensive. The steps that lead up to trial can include motions, written discovery, depositions, and settlement conferences. If possible, attorneys usually attempt to settle cases prior to trial. Another option is to try to use the court’s motion process to eliminate a case through either a motion to dismiss (demurrer) or a motion for summary judgment. These motions allow for a dismissal of a case without the need for a trial. If you have a question about trials, contact Henshaw & Henry, PC today.

Meet Our Team

The team at Henshaw & Henry, PC works to eliminate the stress and time consumed by individuals and small businesses in legal proceedings. We take the time to understand each of our clients and respond to each of their needs.

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David S. Henshaw

David specializes in the fields of civil litigation and alternative dispute resolution.

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Timothy D. Henry

Timothy specializes in the fields of estate planning and probate litigation.

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Ji W. Kim

Ji specializes in the fields of civil litigation and alternative dispute resolution.

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Negine Mansour-Sewitsky

Negine specializes in the fields of civil litigation and alternative dispute resolution.

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Kate Ibarra

Kate Ibarra is an Administrative Assistant at Henshaw & Henry, P.C. Kate assists clients as they progress in cases.

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