$ 300-375 per hour
PRO
Gerald F. O'Brien
also known as Gerald Franklin O'Brien
Virtual Consultation Available
About Gerald
Biography
I received my undergraduate degree from the University of Michigan, my Master of Arts from the University of Cincinnati, and my law degree from the University of Detroit. While in Detroit, I practiced primarily in the area of Employment Law. I was on staff with Wayne State University where I was involved in labor negotiations, arbitration, and contract administration. I was admitted to the Florida Bar in 1988 and began practicing in Sarasota in 1989. In 1990 I began to shift the focus of my practice to issues involving Estate Planning, Guardianship & Guardianship Avoidance, and Probate & Trust Administration.
I am experienced in all issues involving the avoidance, establishment, and maintenance of a guardianship for incapacitated persons, and seeking termination of guardianship if circumstances warrant. Guardianships often involve contested issues, which I am experienced in handling in a manner consistent with the best interests of the Ward.
I am also a certified Arbitrator and have served as a Hearing Officer for Sarasota County Government since 2001.
Immediately prior to law school, I served as a business manager for a corporation headquartered in Oklahoma City.
Practice Areas
7
Practice Areas
Arbitration
16%
40 years | 100 cases
Elder Law
16%
Estate Planning
16%
30 years | 300 cases
Guardianship
16%
35 years | 1,500 cases
Fees and Rates
Cost
Hourly Rates
Payment Methods
- Cash
- Check
Awards
2015
Licenses
Licensed in Florida for 37 years
State: Florida
Acquired: 1988
No misconduct found
Licensed in Michigan for 40 years
State: Michigan
Acquired: 1985
No misconduct found
Location
Gallery
Gerald F. O'Brien's Reviews
Showing 1 - 4 of 4 client reviews from Avvo
Posted by anonymous | July 12, 2015
Professional service
Mr O'Brien helped with my paperwork for living will and will. He listened to my concerns and was understanding of my wishes. Several years ago he also helped me with an employment issue. His office staff is cordial and responsible. I have referred several clients to him over the years,
Posted by deciccocpa | July 2, 2015
Honest and caring with a high level of integrity
His help in my case shows the high level of concern he has for his clients and his desire to make sure people, including opposing attorneys, do the right thing regardless of the compensation involved.
Posted by anonymous | June 4, 2015
Amazing attorney with great knowledge of practice
I needed an attorney for situations I was dealing with and Gerry was able to help!! I would highly recommend him for anyone looking for an attorney! He was very professional!
Posted by anonymous | May 27, 2025 | Consulted Attorney
This review is from a potential client who consulted with this attorney.
Very unprofessional and rude attorney
Never recommending this attorney to anyone, he is very rude and unprofessional.
Gerald F. O'Brien's Lawyer Endorsements
"I endorse this lawyer. Gerald is a highly effective attorney for whom I have known for over 19 years and have the greatest respect. He is intelligent, personable, and cares very deeply about his clients and his work ethics. I have consulted on cases, and worked on cases, and would not hesitate to refer clients to him in the future. In giving Gerald an excellent rating, it's not high enough for his professionalism. He is up front with his opinion and being realistic in what you might expect. I cannot recommend Gerald highly enough, I have given his office permission to release my contact information if you'd like to verify this review, please refer to Allan F. Baily, Esquire"
"I endorse this lawyer."
"I endorse this lawyer. I have known Mr. O'Brien for many years. He was a founder of the current local network of legal aid for those in need. He has worked for decades to support justice for all. Mr. O'Brien has always embodied the highest values of civility. Mr. O'Brien has contributed greatly to the community. He is a person in whom you, and those you care about, can place trust. He is a problem solver, and is unfailingly diplomatic. I am very happy to endorse Mr. O'Brien."
"Gerry O'Brien is a highly skilled, compassionate, and ethical attorney whose regard for his clients is second to none. I have known Gerry for almost 20 years and I trust him implicitly."
"I endorse this lawyer.Gerald O’Brien is an extremely knowledgeable attorney who offers experience, insight, and counsel based on what is best for the client and the situation, and provides honest and straightforward solutions. I am always confident that when I refer a client to Gerry that he will listen with an appreciation for the problem and an understanding for the underlying family dynamics that impact the outcome. He practices in a difficult area of the law that requires a calm voice and professional manner and Gerry sets the standard for both. I consider Gerry my go-to counsel regarding matters of guardianship and related matters and I am proud to be associated with O’Brien Bennett P.A."
"I have worked with Gerry numerous times over the last 20 years in multiple matters, sometimes on the same side and sometimes as opposing counsel. I highly endorse him without hesitation, as Gerry possesses the highest ethical standards and really cares about his clients. He strives to reach a resolution of matters outside of court, but doesn't hesitate to go the distance with full-blown proceedings if necessary to protect his clients' interests."
"Gerald is a top-tier guardianship attorney who zealously pursues his clients' interests. He is smart, responsive, attentive, and well-respected in the community. You can't go wrong with Gerry."
"Jerry is a well respected member of the Sarasota County Bar, an outstanding attorney and adheres to the highest ethical standards."
"Jerry is a wonderful, caring attorney. He is always working in the best interests of his client. I strongly endorse this lawyer."
"I think quite highly of Mr. O'Brien. He has compassionately assisted my clients through the guardianship process, when needed, and always done a super job. His attention to detail and good communication skills make him an outstanding attorney to work with, and I highly endorse him."
"I endorse this lawyer. I have known Gerry since I started practicing as both a colleague and mentor. I value his opinion on matters and often will call with questions and advice. He is client centered and very knowledgeable in his field."
"Gerry is a wonderful lawyer to work with, always striving to do what is best for his clients."
Allan Baily
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Sean Tobaygo
Divorce and separation lawyer
Robert Scheb
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Sierra Butler
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Laurie Sams
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Elizabeth Boyle
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Christopher Morrison
Litigation lawyer
Debra Salisbury
Divorce and separation lawyer
Angela Tobaygo
Family lawyer
W Snyder
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Kevin Staas
Elder law lawyer
Mark Mazzeo
Elder law lawyer
Susan Gregory
Guardianship lawyer
Christopher Smith
Estate planning lawyer
Walter Clayton
Litigation lawyer
Robert Klingbeil
Estate planning lawyer
John Griffin
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Dana Gerling
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Thomas Hudson
Personal injury lawyer
Experience
Honors
2015
Pro Bono Service Award, Legal Aid of Manasota
2004
Appreciation for service, Sarasota County Bar Association
2001
Award in Appreciation, Sarasota Music Teachers Association
1990
BV Rated, Martindale-Hubbell
N/A
Distinguished, Martindale-Hubbell
Work Experience
2015 - Present
Partner, O'Brien & Bennett, P.A.
1900 - Present
Partner, O'Brien & Bennett, P.A.
1989 - 2015
Owner, Gerald F. O'Brien, P.A.
1986 - 1989
Labor Relations Specialist, Wayne State University
Associations
2015 - Present
American Inns of Court - Pennick ChapterMaster of the Bench
2014 - Present
Stakeholders in AgingMember
1989 - Present
Sarasota County Bar AssociationMember
1988 - Present
Florida BarMember
1988 - Present
State Bar of MichiganMember
2010 - 2014
American Inns of Court - Scheb ChapterMaster of the Bench
2004 - 2010
Gulf Coast Legal ServicesBoard of Directors
Sample of Legal Cases
Sinclair v. Mallette,, 804 So.2d.589 (2nd DCA 2002)
Trial Court affirmed
Surdo v. Surdo, 805 So.2d. 906 (2ndDCA 2001)
Trial Court reversed
Gilbert v. Gilbert, 639 So.2d 645 (2nd DCA 1994)
Trial Court reversed
Education
1985
University of Detroit Mercy School of Law
JD - Juris Doctor
1980
University of Cincinnati
MA - Masters
1980
University of Cincinnati
MAIR
1978
University of Michigan
BS - Bachelor of Science
Speaking Engagements
2017
FSGA Spring Conference
Guardianship Road Map from Inception to Final Hearing
2017
Family Guardian Training
The Initial Inventory
2017
Alzheimer's Disease Initiative Training
The Determination of Incapacity and Alternatives to Guardianship
2016
FSGA Spring Conference
Guardianship Monitor
2016
Family Guardianship Training Class
Guardianship Training
2015
Florida State Guardianship Association Gulf Coast
Update on Statutory Changes to Guardianship Law
2015
Family Guardian Training
Guardianship Training - Initial Inventory
2015
Adult Protection Team - Monthly Meeting
Update on Statutory Changes to Guardianship Law
2014
Guardianship Training
Guardianship
2014
Caregivers conference
Life Planning Documents
2013
Family Guardian Training Class
Guardianship - the Initial Inventory
2010
Southwest Florida Legal Assistants Association
Guardianship, Baker Act & Marchman Act
2002
Family Guardianship Training Class
Guardianship - Marshaling Assets
2000
Family Guardianship Training Class
Guardianship - Initial Inventory
1999
Family Guardian Training Class
Guardianship - Initial Inventory
Languages
English
French
Activity
Legal Answers
Legal Guides
Top Contributor
Gerald earned significant contribution points in 2015.
Legal Answers
Q&A
How can i get a child labor law exemption here in florida?
06 Jan 2017
Q&A
While driving home last night I ran over a construction cone that was in my lane. It caused damage to my front bumper.
19 Oct 2016
Q&A
Refusal to comply with financial affidavit order.... Hurt more than help ?
09 Aug 2016