Nearly A Century Of Combined Experience Efficient and Effective Strategies to Resolve Transactional Matters and Legal Disputes
Scott Malm, Partner
Scott Malm
Partner

Scott Malm

Partner

Location: Stockton, California
Fax: 209-870-7922
Email: Email Me

Areas of Practice

  • Commercial disputes
  • All aspects of employment law
  • Business entity formation, compliance, litigation
  • Environmental law
  • Estate planning, probate, trust administration
  • Federal and California civil trials (court and jury) and appeals

Bar Admissions

  • 1978  California
  • 1978  U.S. District Court, Eastern District of California
  • 1986  pro hac vice Nevada Second Judicial District, Washoe County
  • 1986  pro hac vice Nevada Supreme Court
  • 1991 U.S. Claims Court
  • 1994 U.S. Supreme Court
  • 1998 U.S. District Court, Northern District of California
  • 2001 U.S. Court of Appeals, Ninth Circuit
  • 2006 U.S. District Court, Central District of California
  • 2011 U.S. District Court, Southern District of California

Education

  • Brigham Young University, J. Reuben Clark Law School, Provo, Utah
    • J.D., Doctor of Jurisprudence - 1978
  • Brigham Young University, Provo, Utah
    • B.A., Bachelor of Arts magna cum laude - 1975

Published Works

  • Co-Author: "San Joaquin County Bar Association Arbitrator Handbook-Arbitration of Fee Disputes, Effective July 1, 1986"
  • "New Employment Laws for 2003", Physician (The Magazine of the San Joaquin Medical Society), Second Quarter, 2003
  • "Voluntary Time Off Without Pay", Physician (The Magazine of the San Joaquin Medical Society), Fourth Quarter, 2002
  • "Avoiding Discrimination Claims in the Workplace", Physician (The Magazine of the San Joaquin Medical Society), Second Quarter, 2002
  • "Worker’s Compensation–Injured Workers on Leave", Physician (The Magazine of the San Joaquin Medical Society), Fourth Quarter, 2001
  • "Employee Sick Leave–Time Off For Family Care", Physician (The Magazine of the San Joaquin Medical Society), First Quarter, 2001
  • "Split Shifts", Physician (The Magazine of the San Joaquin Medical Society), Third Quarter, 2000
  • "Reimbursement of Employee Training Fees", Physician (The Magazine of the San Joaquin Medical Society), First Quarter, 2000
  • "Preventing Personality Disorder Claims", Physician (The Magazine of the San Joaquin Medical Society), Third Quarter, 1999
  • "Verifying Authorization to Work", Physician (The Magazine of the San Joaquin Medical Society), Third Quarter, 1998
View More Published Works
  • "Retaliatory Rent Increases - Your Exposure to Punitive Damages", The Property Management Experts Quarterly, January/March, 1999
  • "Responding to Reference Requests", Physician (The Magazine of the San Joaquin Medical Society), Third Quarter, 1998
  • "The Liability of the Guarantor in Tenant-Landlord Law", The Property Management Experts Quarterly, Fall, 1998
  • "Drug Testing", Physician (The Magazine of the San Joaquin Medical Society), First Quarter, 1998
  • "Hiring a Resident Manager", The Property Management Experts Quarterly, Summer, 1997
  • "Personnel Records", Physician (The Magazine of the San Joaquin Medical Society), First Quarter, 1997
  • "Employee Privacy Rights", Physician (The Magazine of the San Joaquin Medical Society), First Quarter, 1997
  • "Time Out for Time-Off Rights", Physician (The Magazine of the San Joaquin Medical Society), Third Quarter, 1996
  • "To Change or Not to Change Work Schedules?", Physician (The Magazine of the San Joaquin Medical Society), First Quarter, 1996
  • "Does Your Employee Handbook Need a Checkup?", Physician (The Magazine of the San Joaquin Medical Society), Third Quarter, 1995
  • "Realities of Doing Business", Physician (The Magazine of the San Joaquin Medical Society), Second Quarter, 1995

Speaking Engagements and Presentations

  • Humphreys College, May 4, 2011
             "(Some) Legal Aspects of Managing a Small Business"
  • Humphreys College, January 18, 2011
             "Ethics in Business"
  • Humphreys College, August 11, 2010
             "Public Relations and the Law"
  • Humphreys College, April 27, 2010
             "(Some) Legal Aspects of Managing a Small Business"
  • Lorman Educational Services, November 27, 2007
             "Employee Discharge and Documentation"
  • Humphreys College, January 30, 2007
             "Legal Issues & Public Relations"
  • Lorman Educational Services, September 15, 2006
             "Individual Employee Potential Liability and Risks"
  • California Natural Products, Leadership Training, March 12, 2002
             "Employment Discipline and Communication"
  • California Natural Products, Leadership Training, December 10, 2001
             "An Overview of Employment Law"
  • San Joaquin General Hospital, Continuing Medical Education, January 17, 2001
             "Sexual Harassment/Hostile Workplace Issues"
View More Speaking Engagements and Presentations
  • San Joaquin General Hospital, Continuing Medical Education, November 8, 2000,
             "Sexual Harassment/Hostile Workplace Issues"
  • San Joaquin Medical Society Office Manager Roundtable, September 21, 1999
             "Eight-Hour Day Restoration and Workplace Flexibility Act of 1999"
  • Sutter Community Hospitals, Continuing Medical Education, November 3, 1998
             "What Occupational Health Care Providers Can Disclose About Their Patients"
  • Sutter Community Hospitals, Continuing Medical Education, June 2, 1998
             "What Lawyers Advise Employers About Occupational Health Care Providers"
  • Kleinfelder, Inc., 12th Technical Training Seminar, February 7, 1998
             "Loss Prevention/Health and Safety"
  • Robert Mondavi/Woodbridge Winery, Leadership Training, January 28, 1998
             "An Overview of Employment Law"
  • Leadership Stockton Alumni Association, January 16, 1997
             "Sexual Harassment: Time to Get the Message"
  • North Stockton Rotary Club, January 2, 1996
             "Sexual Harassment: Time to Get the Message"
  • San Joaquin County Bar Association, Mandatory Continuing Legal Education, October 7, 1995
             "Sexual Harassment: Advising Clients How to Avoid Claims and Procedures for Litigation"
  • San Joaquin Medical Society, June 8, 1995
             "Avoiding Wrongful Termination of Employment Claims"
  • Design Professionals Insurance Companies, December 1, 1994
             "Professional Liability and Insurance Issues for Accountants"
  • Design Professionals Insurance Companies, September 22, 1994
             "Professional Liability and Insurance Issues for Architects and Engineers"
  • San Joaquin Human Resources Association, April 12, 1994
             "Employee Handbook Issues"
  • Society of California Accountants, September 23, 1993
             "Family and Medical Leave Act"
  • North Stockton Rotary Club, April 20, 1993
             "Avoiding Wrongful Termination of Employment Claims"
  • San Joaquin General Hospital/San Joaquin County Health Care Services, November 20, 1991
             "Liability, Malpractice and Risk Management"
  • San Joaquin Human Resource Association, November 12, 1991
             "Avoiding Wrongful Termination of Employment Claims"
  • San Joaquin General Hospital, Department of Family Practice, April 13, 1989
             "Medical Ethics"
  • Association of California Water Agencies, November 17, 1988
             "Rightful Termination of Employment: How to Fire Without Getting Burned"
  • San Joaquin General Hospital, Family Practice Department, November 20, 19866
             "Malpractice - A Trial Lawyer’s Perspective"

Professional Associations and Memberships

  • San Joaquin County Bar Association, 1978-present
    • Client Relations Committee, 1988-1989
    • Mandatory Fee Arbitration Committee Chair, 1983-1987
    • Mandatory Fee Arbitration Committee Member, 2002-2005
    • Business Litigation Section Member
    • Lawyer Referral Service Committee Member
  • State Bar of California Committee on Mandatory Fee Arbitration Member, 1999-2002

Pro Bono Activities

  • San Joaquin County Alcoholism Advisory Board
  • San Joaquin Delta College Measure L Bond Citizens Oversight Committee member
  • Judge Pro Tem San Joaquin County Municipal Court
  • Arbitrator San Joaquin County Bar Association Mandatory Fee Arbitration panel
  • Arbitrator San Joaquin County Superior Court panel

Testimonials

  • We have been clients of Scott Malm for almost thirty years, handling a multitude of personal and business matters. During that time we have experienced the utmost in legal professionalism and sound advice. No matter what area of law the matter pertains to, we have been treated with honesty, integrity, timeliness and are 100% satisfied. Further, because of our long-term association, we would recommend Scott and this law firm to anyone seeking expertise counsel.

    Sherry L. Shields President, Pan Pacific RV Centers, Inc.
  • For over 20 years Scott Malm has attentively and skillfully supported our company with legal counsel. He and his team consistently strive for efficient and effective resolution to the challenges that surface in the ever-shifting waters of employment law in California. Scott’s calm, balanced and professional communication style inspires and creates a high level of trust and confidence in his counsel. Our company’s superior results in the employment law arena under Scott’s experienced watch continues to prove that our trust and confidence in him is well placed.

    Skip Lindstrom V.P. – Industrial Relations, California Natural Products
  • Scott Malm is one of the best attorneys in Stockton. We have worked with him on several matters and have been impressed every time. His work and attention to detail, and overall legal abilities are outstanding. If you are looking to retain one of the best attorneys in Stockton, I highly recommend and endorse Scott Malm.

    Gordon Lindstrom CPA Lindstrom and Winsborrow Accountancy Corp.
  • Therapeutic Research Center has been a client of Malm Fagundes for a few years now specifically working with Scott Malm. We find the firm and Scott to be very professional, knowledgeable, available, and helpful in assisting us with all our legal needs. A great local firm that truly cares about their clients and understands the term partnership. Equally important is that we feel Scott has provided cost savings pertaining to various issues which outweigh their fees.

    Bud Mullanix Vice President of Operations/Administration, Therapeutic Research Center
    Home of Pharmacist’s Letter | Prescriber’s Letter
  • Fortunately a friend of mine referred me to Attorney Scott Malm. Attorney Scott Malm did an excellent job representing me, was professional, great to work with, extremely knowledgeable and completed my case in positive and timely manner. The staff at Malm Fagundes Law firm were highly professional, always friendly and courteous.

    Betty Thomas

Get Help Today

  Our Office Location

Malm Fagundes LLP
2351 W. March Lane
Suite A
Stockton, CA 95207

Phone: 209-870-7900
Fax: 209-870-7922
Peer Review
State Bar of California
San Joaquin County Bar Association
Veritas
American Board of Trial Advocates
Super Lawyers