John D. Winer

John D. Winer

Trial Lawyer Emeritus, Partner Oakland, California Office
"Maintaining their professionalism..."

Erica Scott and John Winer really made a difficult time and situation easier to handle and were supportive the whole time ...

T.H.
"The firm was compassionate..."

Calming and the fiercest advocate around to hold negligent therapists accountable for the harm they caused me. John Winer and I spoke for 3-4 hours...

M.L.
"Couldn't be more pleased..."

Could not be happier with the professionalism and hard work on my case. From the moment I phoned the office until my case was resolved...

S.J.

John D. Winer is recognized statewide by his colleagues as an outstanding litigation and trial attorney. He has obtained record-setting verdicts and settlements over the last 46 years, often in cases in which his client’s economic survival and ability to overcome serious trauma including the death of a loved one was at stake.

John Winer is frequently asked to lecture to other attorneys in his areas of specialty and emphasis including wrongful death, serious personal injury, psychological injury, employment litigation, psychotherapist malpractice, healthcare provider sexual abuse, workplace sexual harassment, elder abuse, traumatic brain injury and catastrophic injury cases. See Practice Areas page for complete list.

In January 2026, John stepped back from daily practice and sold the firm to his partner, Erika J. Scott, although he remains her Partner and a proud Trial Lawyer Emeritus.

View awards and recognition including 2006 Consumer Attorney of the Year –
Awards Finalist Info

TRIAL EXPERIENCE:
  • 1980-Present:
    Many civil jury trials to verdict including
    • Rahn v. Lowinger. M.D., resulted in a $7.1 million dollar verdict;
    • Walker v. Parzen which resulted in a $4.5 million dollar verdict;
    • Curtis v. Dizmang in which a jury awarded $1.5 million dollars;
    • Hettick and Bryant v. FedEx $2.3 million dollar verdict.
HONORS / CERTIFICATION:
  • California Trial Lawyers Association (Consumer Attorneys of California)
    Recognition of Experience certification in the following areas:
    • Experienced Trial Lawyer
    • Professional Negligence
    • Products Liability
    • General Personal Injury
    • Public Entity Liability
RATING:
  • Martindale-Hubbell's AV Rating (the highest rating in the Directory).
  • Listed in The Top 100 Discrimination and Harassment Employment Lawyers in the United States by eBossWatch
SIGNIFICANT ARBITRATION AWARD:
  • Webster v. DeAnda - Arbitration award of $1.37 million.
  • 0'Hehir v. Kaiser - $175,000 binding arbitration award on behalf of three sisters whose sister died as a result of medical malpractice at Kaiser.
CHAIRPERSONSHIPS:
  • 1998: Chair, CAOC Tahoe Seminar
  • 1998: Education Chair, San Francisco Trial Lawyers Association
  • 1996: Education Chair, San Francisco Trial Lawyers Association
  • 1995: Chair, CTLA Annual Convention
  • 1993: Chair, CTLA Annual Convention
  • 1992: Co-Chair, CTLA Annual Convention
JUDGE TRIAL ADVOCACY:
  • Judge Trial Advocacy Program, Golden Gate University
MEDIATOR:
  • 1995-Present: Mediator in personal injury/therapist
  • sexual abuse cases/sexual harassment cases.
ARBITRATOR:
  • 1985-Present: Arbitrator in employment and personal injury cases
LEGISLATION:
  • 1989-Present: Testified before Legislature in Sacramento on various bills
  • 1984-Present: Review legislation, Consumer Attorneys of California.
Areas of Practice
  • Sexual Harassment
  • Sexual Abuse
  • Employment Discrimination
  • Personal Injury
Certified Legal Specialties
  • Arbitrator, 1985-Present
  • Mediator, 1995-Present
  • California Trial Lawyers Association (Consumer Attorneys of California), Experienced Trial Lawyer
  • California Trial Lawyers Association (Consumer Attorneys of California), Professional Negligence
  • California Trial Lawyers Association (Consumer Attorneys of California), Products Liability
  • California Trial Lawyers Association (Consumer Attorneys of California), General Personal Injury
  • California Trial Lawyers Association (Consumer Attorneys of California), Public Entity Liability
Bar Admissions
  • California, 1979
Education
  • University of San Francisco School of Law, San Francisco, California
    • J.D. - 1979
  • Golden Gate University School of Law, San Francisco, California
    • Major: Judge Trial Advocacy Program
  • University of Florida
    • B.A. - 1976
Published Works
  • Lead Author of Proving Mental and Emotional Injuries
Representative Cases
  • Webster v. DeAnda
  • 0'Hehir v. Kaiser
  • Rahn v. Lowinger. M.D.
  • Walker v. Parzen
  • Curtis v. Dizmang
  • Hettick and Bryant v. FedEx
Classes/Seminars
  • Faculty, Hastings College of Trial Advocacy, 1988 - 2000
  • Faculty Examiner, American Academy of Psychiatry and the Law, 1988 - 1990
  • Faculty, ATLA National College of Advocacy, Ultimate Trial Advocacy Course, 1996
Honors and Awards
  • Lawyers of Distinction, 2019-2020
  • AIOPIA’S 10 Best in California for Client Satisfaction 2019
  • CTLA Outstanding Achievement Award, 1991
  • CTLA Presidential Award of Merit, 1992, 1993, 1995
  • CA-PAC Trench Soldier Award, 1996
  • Outstanding Service Award on Behalf of the Consumers of the State of California by CA-PAC, 1996
  • Consumer Attorneys of California, Presidential Award of Merit, 1998
  • Consumer Attorneys of California, Presidents Club, 1998
  • Finalist for California Consumer Attorney of the Year, 2006
  • One of four finalists for San Francisco Trial Lawyer Association Trial Lawyer Of The Year, 2006
  • Recognized by Northern California Super Lawyers, which means John is in the top 5% of Lawyers in Northern California
  • Super Lawyers, 2013 - 2015
  • Listed in The Top 100 Discrimination and Harassment Employment Lawyers in the United States by eBossWatch
  • Martindale-Hubbell's AV Rating
Professional Associations and Memberships
  • Co-Founder of the National Advocacy Network for Abused Patients, 1993 - Present
  • California Trial Lawyers Association Recognition of Experience Board, 1989 - Present
  • San Francisco Trial Lawyers Association, Education Chair, 1999 - 2001
  • San Francisco Trial Lawyers Association, President, 2000
  • Consumer Attorneys of California (formerly California Trial Lawyers Association), Vice President, 1994 - 1999
  • San Francisco Trial Lawyers Association, President, 1998 - 1999
  • San Francisco Trial Lawyers Association, Treasurer, 1996 - 1997
  • San Francisco Trial Lawyers Association, Parliamentarian, 1995 - 1996
  • San Francisco Trial Lawyers Association, Education Chair, 1995 - 1996
  • Consumer Attorneys of California, Parliamentarian, 1998
  • CTLA, Financial Secretary, 1992 - 1994
  • Trial Lawyers for Public Justice, 1997 - Present
  • Consumer Attorneys of California (formerly California Trial Lawyers Association), Sustaining Member, 1980 - Present
  • American Trial Lawyers Association, Sustaining Member, 1980 - Present
  • San Francisco Trial Lawyers Association, 1980 - Present
  • CAOC Tahoe Seminar , Chair, 1998 - Present
  • San Francisco Trial Lawyers Association, Education Chair, 1998 - Present
  • San Francisco Trial Lawyers Association , Education Chair, 1996 - Present
  • CTLA Annual Convention , Chair, 1995 - Present
  • CTLA Annual Convention, Chair, 1993 - Present
  • CTLA Annual Convention , Co-Chair, 1992 - Present
Past Employment Positions
  • Less, Weaver & Winer, San Francisco, Partner, 1986 - 1990
  • Lewis & Lewis, San Francisco, Associate, 1980 - 1986

Significant Recoveries

$6,800,000 Four Young Boys Were Sexually Molested By A Male Teacher At Their Elementary School
$3,850,000 Female Plaintiff in Her Mid 20’s Sues Medical Supply Company for Sexual Harassment and Retaliation
$3,400,000 Two Female Employees to Settle Verbal Harassment and Intimidation Case Against National Cosmetics Company
$2,490,000 Three Women Sexually Harassed by Supervisors at Large Rental Company
$2,000,000 Two Filipino and Two Hispanic Employees Were Discriminated Against Based on Race
$1,423,000 Female Patient Wins in Sexual Abuse Case Against her Psychotherapist
If You Are Wronged, We Will Make It Right.

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At Winer, Burritt, Scott & Jacobs, LLP, we empower our clients. We take on the largest law firms, toughest insurance defense lawyers and largest companies with confidence.

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