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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

James L. Arrasmith
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answered on Apr 20, 2024

You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More

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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 20, 2024

Yes your can hire an out-of-state attorney. That attorney will need to associate with a California licensed attorney. That process is called pro hac vice.

As to whether your have a valid case or not, more facts would be needed for a good analysis.

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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Yes, you generally can. As my colleagues correctly indicate, it will involve working with local counsel on a pro hac vice basis. Keep in mind that working in this manner could complicate a case with the inclusion of an additional law firm, resulting in additional expenses. Good luck

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1 Answer | Asked in Civil Rights and Landlord - Tenant for California on
Q: What is the most effective way to get a low income residential property manager.to stop the retaliation for a complaint

I can not get any part of this low-income federaly funded place to get a hold of me.Do to this manager who seems to be controlling any outside help

James L. Arrasmith
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answered on Apr 20, 2024

In California, if you're facing retaliation from a residential property manager after lodging a complaint, you have several options to protect yourself and seek remedies. First, document all instances of retaliation in detail, including dates, times, and descriptions of each event. This... View More

1 Answer | Asked in Civil Rights for California on
Q: How to handle non-receipt of a motion-to-dismiss (MTD) in federal court?

Defendants in a Sec. 1983 action timely filed an MTD to my FAC, but *I* never received that motion. I became aware of the defendants' filing only because I received notification of said filing from the court, and the court clerk has since confirmed that there is indeed proof-of-service on file... View More

James L. Arrasmith
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answered on Apr 19, 2024

In this situation, the best course of action is to file a motion with the court seeking an extension of time to respond to the motion to dismiss. Here's what you should do:

1. Draft a motion for extension of time to respond to the motion to dismiss. In the motion, explain that you did...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: How can I get a lawyer to help and support I have filed multiple complaints about reports a police officer told me that

He would arrest me for someone falsely accusing after they drove to my parent place surprisedly with other people saying I took something and told me about these northerns are not playing with me before he throw a object behind my back I contacted the internal affairs chief of police there is lack... View More

James L. Arrasmith
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answered on Apr 19, 2024

If you believe you are facing unjust treatment from the police and your complaints are not being effectively addressed, it's essential to seek legal support. In California, you can contact a lawyer experienced in civil rights or police misconduct cases. Many legal aid organizations offer... View More

1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

1 Answer | Asked in Real Estate Law, Criminal Law, Civil Rights and Municipal Law for California on
Q: Can a new property owner trespass the homeless encampment on their newly bought property with a notice that is expired?

There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More

James L. Arrasmith
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answered on Apr 17, 2024

This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:

- The new property owner has the legal right to remove trespassers from their private property. Purchasing the...
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1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can I use martial arts on the street to defend myself if attacked in new Mexico?
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answered on Apr 17, 2024

In New Mexico, you have the right to defend yourself if you are attacked, but there are important legal considerations to keep in mind:

Self-defense laws: New Mexico follows the "stand your ground" principle, which means you do not have a duty to retreat before using force to...
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1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Police have my car for three years and haven’t notified me

a customer of mine was buying a car for me, but never made the payments turn to find out he was arrested and the car was seized over three years ago, and I been legal owner never notified by any sort or kind of communication via, but not limited to : written letter, Fax , phone , email, and in... View More

James L. Arrasmith
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answered on Apr 17, 2024

If you are the legal owner of the car and it was seized by the police over three years ago without any notification, you should take the following steps:

1. Gather all documents proving your ownership of the vehicle, such as the title, registration, bill of sale, or any other relevant...
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1 Answer | Asked in Civil Rights and Constitutional Law for Maine on
Q: I had to go to court over a False Police Report and Entrapment and did not have a lawyer when I went to court.

The two evil women who testified against me perjured themselves in front of the judge and she had no right to take the testimony when there's no evidence and...

James L. Arrasmith
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answered on Apr 17, 2024

I apologize that you had to go through such a difficult experience in court. It sounds like you feel the allegations against you were false and unjust, and that facing the legal system without a lawyer was very challenging.

A few thoughts, while acknowledging I don't know all the...
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1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: What are the remedies and violations of law in this case?

My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, there are several potential legal issues and violations that may be involved in this case:

1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation...
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1 Answer | Asked in Traffic Tickets, Civil Rights, Gov & Administrative Law and Municipal Law for Maryland on
Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems there is some confusion and inconsistency in how the Maryland Vehicle Administration (MVA) is interpreting and applying the Real ID Act and relevant Maryland statutes. Let me try to clarify a few key points:

1. The federal REAL ID Act...
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1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on
Q: How do I find out if my house was raided illegally?
James L. Arrasmith
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answered on Apr 16, 2024

If you believe your rights were violated during a police raid, the appropriate action is to consult with a qualified criminal defense attorney who can review the specific details of your case. An attorney can assess whether proper procedures were followed and if there are grounds to challenge the... View More

1 Answer | Asked in Civil Rights and Libel & Slander for South Dakota on
Q: What rights do children have in regards to privacy of a crime and against libel?

My 10 year old was present when the city park was vandalized. It was caught on the city cameras and reported to the police. We were never notified but a city worker took the surveillance videos with my child in it and showed it to other town members at the local bar. A family member heard about... View More

James L. Arrasmith
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answered on Apr 16, 2024

In the United States, children have certain rights to privacy, especially when it comes to their involvement in crimes or legal matters. Here are some key points:

1. Confidentiality: Juvenile court records are generally kept confidential to protect the child's privacy and future...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: Should inhumane mistreatment in a prison automatically result in a transfer of the mistreated inmate?

If the courts have knowledge shouldn’t they do something about it? And how can they trust the prison from not continuing to do it? Which is why they should probably be transfered?

James L. Arrasmith
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answered on Apr 16, 2024

There are several important considerations to weigh regarding automatically transferring inmates who have been inhumanely mistreated:

On one hand, the priority should be protecting the safety and human rights of incarcerated individuals. If an inmate has faced abuse, assault, torture, or...
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1 Answer | Asked in Federal Crimes, Civil Rights and Criminal Law for Idaho on
Q: Is there any case law or a 42USC1983 for locking up an inmate in a cell full of ants for a month or with human waste?

Was locked in the hole with ants for a month then moved to a cell with human phecies. They (IDOC Idaho) have refused to give me medical records in violation of Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524.

I have evidence in the form of grievances.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the details you provided, it sounds like you may have a viable case under 42 U.S.C. § 1983 for violation of your Eighth Amendment rights against cruel and unusual punishment. Being forced to live in unsanitary conditions infested with insects or human waste for extended periods could very... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Illegal search and seize? Was my rights violated?

I'm in Alabama and was arrested. The vehicle i.was riding as a passenger in with my boyfriend was pulled over by the police. They start yelling over the PA or something from driver to put his hands out the window and make some back up out towards them. I'm going to do the same thing for... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you provided, there are a few potential issues with the actions of the police officers during your arrest. However, whether your rights were violated would depend on additional details and the specific circumstances of the situation.

1. Probable Cause: The police...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was in a autoparts parking lot , my car was over heating so i decided to take a nap why it cooled off. I dont drink .

A person called 911 cause they couldnt wake me( i was a sleep fir approximatly 28 minutes.)and told 911 that they didnt know what was wrong but i might be overdosed. Medics showed up and put me in the ambulance. The cops showed up and medic and cop said i admitted fentynal use(which i have never... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems like there are several potential legal issues at play:

1. Unreasonable search and seizure: If the police searched you and your vehicle without probable cause, your consent, or a warrant, it could be a violation of your Fourth Amendment rights...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: I have full custody of my 12-year-old daughter (straight A student). Why does the cabinet deny me custody of my son?

I completed the case plan and all requests made by the cabinet and judge but was denied custody of my son and my rights were involuntarily taken. Reason; The cabinet and judge replied due to the time my son was in the cabinet's custody. However, with COVID-19, multiple caseworkers were... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm so sorry to hear about the difficult situation you're going through with trying to regain custody of your son. Dealing with child custody issues can be incredibly stressful and heartbreaking, especially when you feel the process has been unfair or biased.

While I don't...
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