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Questions Answered by Joel Gary Selik
1 Answer | Asked in Estate Planning, Elder Law and Legal Malpractice for California on
Q: Is there a conflict of interest when a lawyer supports beneficiaries' efforts to dissolve his clients' irrevocable trust

In 1998, he created a QPRT for them, which owns their home. Their three adult children are beneficiaries. Two of the beneficiaries don't like the idea of inheriting a house without a step-up in basis. The lawyer wrote to the third, who is the successor trustee, to tell her that, and also that, if... Read more »

Joel Gary Selik
Joel Gary Selik answered on Dec 31, 2018

Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.

1 Answer | Asked in Libel & Slander and Medical Malpractice for Nevada on
Q: A med pro wrote a mental eval with direct lies in it One is obvious enough in court I think: Is that libel/malpractice

It was for a monetary position and I think the report was edited before being sent to me verses the report sent to the decision makers in the situation. So she basically changed my medical records before sending them to me *after taking steps to keep me from seeing the report at all. There are... Read more »

Joel Gary Selik
Joel Gary Selik answered on Dec 20, 2018

It is neither liable or legal malpractice. It may be another tort and you may be able to add your own notes to the record.

Even if we discuss your case further, I will not be your attorney until we both sign a fee agreement. There are strict time deadlines so that you must file your...
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2 Answers | Asked in Legal Malpractice for California on
Q: Who should I report legal malpractice suspicions to? Just the state bar?
Joel Gary Selik
Joel Gary Selik answered on Dec 6, 2018

If you are considering bringing a legal malpractice lawsuit, you should confer with an experienced legal malpractice attorney prior to your taking any action, including filing a complaint with the bar.

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2 Answers | Asked in Employment Discrimination and Legal Malpractice for California on
Q: currently i work for Goodyear my hours are from 8 am to 6 pm 6 days a week but they only pay me for 49 hrs

i wrk for Goodyear i wrk from 8 to 6 pm but they only payed me for 49 hrs, when i got hire i mention that i had to got school Monday/Thursday, today they wanted me to stay for a meeting, i explain to the manger that i had to go to school and that going to school was more important, that staying for... Read more »

Joel Gary Selik
Joel Gary Selik answered on Sep 17, 2018

You need an experienced employment/ class action attorney. Email me for a referral.

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3 Answers | Asked in Personal Injury, Civil Rights and Legal Malpractice for California on
Q: I'm a patient at UCSD Hospital and was awoken by a maintenance man in my room standing on ladder fixing the roof at 1:30

Have picture of the maintenance man standing on a ladder in my room at that time confronting nurses they act like it's normal then later on it came apologized and told me that they would let me know if anybody else wants to come to my room then cuz he's there to fix laptops nurses knew he was there... Read more »

Joel Gary Selik
Joel Gary Selik answered on Sep 17, 2018

Contact the hospital management.

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2 Answers | Asked in Legal Malpractice for California on
Q: Can I be sued for not paying an attorney who did a very poor quality job on my case?
Joel Gary Selik
Joel Gary Selik answered on Aug 17, 2018

Yes. It may be malpractice or it may breach of contract.

Joel@SelikLaw.com

Please take note, there are strict time deadlines where you must file your lawsuit in Court or take other action or you will be forevermore barred from compensation. I have not advised you as to the date...
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2 Answers | Asked in Legal Malpractice for California on
Q: What can i legally do to stop employee abuse of sick leave?

I am the owner of a small business in Los Angeles, California. I am allowed to give 6 paid sick days per year. One of my employees in management level has already taken 10 sick days within 6 months and still expects to be paid for any additional sick days. It's listed in the employee handbook that... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jul 20, 2018

You

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2 Answers | Asked in Legal Malpractice for California on
Q: Father died suspiciously 600 miles away and I had to hire a lawyer over the phone and I then told him of the things that

I needed him to investigate and he needed me to sign a lien against probate and then he proceeded to "not" do the things that I asked him to investigate and just went thru the motions pretending to represent me and charged me over 25k mostly for transportation for him to go to the court 100 miles... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jul 19, 2018

You can initiate fee arbitration with the attorney:

http://www.calbar.ca.gov/Attorneys/Attorney-Regulation/Attorney-Fee-Arbitration/Approved-Programs

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1 Answer | Asked in Medical Malpractice for Nevada on
Q: In a malpractice case is it "required' to take the % off the net amount - settlement minus costs -Statute 7.095

So if the settlement is $50,00 and the fees are $10,000 I believe they must deduct the $10,000 and then take their 40% of $40,000,even if my son signed an agreement in 2015- in his ignorance - that says otherwise

Joel Gary Selik
Joel Gary Selik answered on Jul 2, 2018

Unless it is a medical malpractice, the fee agreement determines when the percentage is calculated, before or after costs. If it does not say, then it is whatever benefits the client the most.

2 Answers | Asked in Civil Litigation, Communications Law, Criminal Law and Education Law for California on
Q: I am a teacher in a California public school. Is it legal for a parent to take my picture and send my to my boss?

She states we are not doing our job properly because we were talking among colleagues while the students were playing.

Joel Gary Selik
Joel Gary Selik answered on May 17, 2018

Yes it is legal.

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2 Answers | Asked in Civil Litigation, Products Liability and Legal Malpractice for California on
Q: If a law firm defends a plaintiff knowing there is a conflict of interest because they represent defendant in the past ?

If a law firm intentionally Mis represents a plaintiff , has his case dismissed intentionally and you later find out why they did because they represented one of the defendants in the past. Does that allow the plantiff since his civil rights where violated a new civil trial for product liability ?

Joel Gary Selik
Joel Gary Selik answered on May 2, 2018

It is grounds for a legal malpractice lawsuit.

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Q: The NV Board of Veterinary Examiners has taken my vet's licence. Their regulations do not provide an appeal process

How does my vet find how to challenge their ruling.

Joel Gary Selik
Joel Gary Selik answered on Apr 30, 2018

Contact Attorney Kevin Murphy

http://murphyjoneslaw.com

1 Answer | Asked in Legal Malpractice for California on
Q: In middle of Juris/Dispo contested hearing County Counsel and I have transcript, misleads court and counsel by stating

that a police report read the police arrived at 4:59. It states dispatched. It's a big deal, the time, and a matter of 3 hours. She refers to the exhibit and states for court and counsel, repeats this 3 times. When my counsel in questioning a witness states, wasn't that actually 8:00, County... Read more »

Joel Gary Selik
Joel Gary Selik answered on Apr 21, 2018

The issue should first be brought to the judge The judge will simply look at the evidence. If the attorney is misstating the evidence, your lawyer will point this out and the opposing attorney will be lose credibility. You can report unethical conduct to the state bar.

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