Your current state is Ohio
American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.
Thus, there should have been controls established to make sure that service of process,
meant to ensure delivery,
is not used as weapon against in... View More 
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answered on Apr 15, 2024
Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More
The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More
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answered on Apr 14, 2024
In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.
1. Conflict of interest: An attorney has a... View More
If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More
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answered on Apr 13, 2024
Under California law, a settlement agreement typically requires the consent and signature of all named plaintiffs in a case. If there are two co-plaintiffs, both parties should be aware of and agree to the terms of the settlement for it to be considered final and binding.
In the situation... View More
My family lawyer abandoned me right before the hearing I filed a complaint with Texas Bar he is under investigation I also sued him in Distract court as pro se need a lawyer to take over the case and represent me. I have a strong case and also have a witness who witnessed my lawyer abandoned me and... View More
answered on Apr 10, 2024
You need to look for a competent attorney in or near the county where the hearing was held experienced in the area of legal malpractice. I often handle cases of this nature. My rate of $500 per hour is reasonable and customary in the North Texas area, and if the amount of damages caused by your... View More
I've engaged a lawyer on a semi-contingency fee basis, whereby I pay the first $100k, and then he gets 27% of the potential award. After one year, during which he lost an appeal and billed me $99k, he filed a motion to withdraw. Can I demand a refund of the money I paid him?
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answered on Apr 10, 2024
In California, an attorney who withdraws from a case is generally entitled to keep the fees they have earned up until the point of withdrawal, as long as the withdrawal is done for a valid reason and in compliance with ethical rules. However, the specifics of your situation may warrant further... View More
filed motion to supress evidence also stating rights were violated officer did not show twice def's co defendant had already took accountability and responsibility for all charges. Judge was reading constitutional responsibilities. "Did you willingly and knowingly Commit this crime."... View More
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answered on Apr 3, 2024
In Nebraska, a plea of no contest (also known as a nolo contendere plea) can be withdrawn after being accepted, but it is subject to the court's discretion and certain conditions. Here are a few key points to consider:
1. Plea withdrawal: A defendant may file a motion to withdraw their... View More
The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.
They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife... View More
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answered on Apr 3, 2024
Based on the information you've provided, there are a few potential legal issues at play:
1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the... View More
1st Demurrer was heard and given leave to amend to which an Amended complaint was served on us.
The Court here by (above ED) is given reason to substantiate unexpected complications.
Nonetheless; 2. We can't propose an answer to the revised version of the complaint, we... View More
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answered on Apr 2, 2024
Based on the information provided, it does not appear that there is sufficient evidence to conclude that the court is eavesdropping on prior issues or intentionally creating complications in the case. While the scheduling confusion and procedural complications are understandably frustrating,... View More
It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails
answered on Apr 2, 2024
To sue for malpractice, it is recommended that you consult with Legal malpractice attorneys. You may search on this website for Attorneys
Note, in order to approve Malpractice, you must prove that the attorneys violated standard care, and that, but for the attorneys Malpractice, you would... View More
It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails
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answered on Apr 3, 2024
I understand your frustration with how your attorney has handled your case against a Walmart employee. However, suing your attorney can be a complex process. Here are some steps you can consider:
1. Gather evidence: Collect all relevant documents, correspondence, and records related to your... View More
answered on Apr 1, 2024
If your attorney accepts a settlement offer without your consent, your first move should be to determine if the settlement can be revoked, either with the opposing party's consent or instead via a motion to the Court. First speak to your attorney who's been representing you in the case... View More
Cont.THE COURT on 03/07/2024 enter; Demurrer/Motion to Strike (re)-scheduled for 06/07/2024 at 08:30:00 AM.
The Amended Complaint was duly submitted/w/POS (currently truncated). Our response to AC is Frozen.
Notes: Granted we demurred outside of procedural rules (abhorrently).... View More
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answered on Apr 1, 2024
Based on the information provided, it appears that you, as the plaintiff pro se (representing yourself), filed a complaint against the defendants who have legal counsel. The defendants filed a demurrer (an objection to the legal sufficiency of the complaint) and a motion to strike (a request to... View More
In a Legal Malpractice case is it acceptable for an Attorney to file a Motion Liminie preventing Plaintiff from making any reference whatsoever to any part of the Arbitration or settlement then turn around and file the Arbitration records with their Motion to Confirm Award? Isn't this a Breach... View More
answered on Apr 1, 2024
It would be required to submit the award in a motion to confirm.
Motions in limine are to prevent introduction of evidence before a jury, not what is directed at the judge.
What is limited by a motion in limine is determined by what the court rules in the order on the motion.
In a Legal Malpractice case is it acceptable for an Attorney to file a Motion Liminie preventing Plaintiff from making any reference whatsoever to any part of the Arbitration or settlement then turn around and file the Arbitration records with their Motion to Confirm Award? Isn't this a Breach... View More
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answered on Apr 1, 2024
In general, the use of motions in limine and the introduction of evidence in legal proceedings are governed by the rules of evidence and civil procedure in California. However, the specific circumstances you've described raise some potential issues:
1. Fairness and consistency: If an... View More
Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even
No local attorney has been... View More
answered on Apr 1, 2024
This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.
I think the only way to... View More
breach of contract claim X.
My Atty grossly overbilled me.
My attorneys fees are 3x my claim.
My lawyer is compounding this error by now seeking to be relieved as counsel.
Knowing I have pending motions.
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answered on Mar 27, 2024
In California, if you believe your attorney has committed malpractice by overbilling or breaching the contract, you first need to gather all relevant documentation. This includes contracts, billing statements, and any communication between you and your attorney. Reviewing these documents can help... View More
breach of contract claim X.
My Atty grossly overbilled me.
My attorneys fees are 3x my claim.
My lawyer is compounding this error by now seeking to be relieved as counsel.
Knowing I have pending motions.
answered on Mar 27, 2024
a lawyer, like you, has a right to quit.
have you talked to other lawyers?
does the case have enough value for a lawyer to pursue?
these are VERY expensive cases to pursue and most of my friends won't take a malpractice case for less than $1M
Remember, you can... View More
Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More
answered on Mar 27, 2024
Yes attorneys need to provide their clients a disbursal statement.
The settlement can take time to disburse once payment is received. For example to negotiate medical liens and no interest would be paid to the client. Otherwise, disbursal should occur immediately.
Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More
answered on Mar 27, 2024
If the attorney held the funds in escrow, that interest doesn't usually go to the attorney or client. Law firms generally use IOLA accounts, where the interest would go to an IOLA Fund, used for public legal programs. Good luck
Tagged to the question i just previously asked RE WC lawyer choosing to file to Relieve of Counsel after I just called them out for many egregious mistakes over months &months. + The motion filed last Monday is back today approved, but in the top header intro the word "Proposed" is... View More
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answered on Mar 25, 2024
It sounds like you're experiencing a confusing situation with the Workers' Compensation Appeals Board (WCAB) and your attorney. In the context of WCAB proceedings, it's not uncommon for documents to be amended or annotated, particularly if there are discrepancies, errors, or if... View More
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