lawyer filed my case in appeals on her decsion , then filed a motion to withdraw and sent me a letter declining further representation. then without my knowledge withdrew her withdraw. she is back on the case with out asking me. 1) doesn't she have to ask me if i want her to get back on the... Read more »
Since taking on the category of Legal Malpractice, I have received hundreds of calls from people relating the horror stories of what their attorney has done to them. My only take away, is that we can only speculate as to why any attorney does anything.
My father passed away and left no will. He and my mother were divorced, and he lived with another woman for 18 years unmarried. There are a few small things I would like to have as keepsakes, and his vehicle was in his name alone. As his blood relative am I entitled to these few things? or is... Read more »
As a practical matter, there is no common law marriage. However, there is the concept of a cohabitation agreement, made famous in the Lee Marvin case. Lee Marvin's partner proved to the Court that Marvin had promised to share his life and all his property with her. If your father's...Read more »
To answer your question, one must know a great deal more about what you mean by "did a fraud on my properties." If the properties have been taken out of your control, for example if someone sold your properties without you even knowing it, you need to immediately file a lawsuit, so you...Read more »
After working for the company for a few years they required us to sign a non-compete. I was paid a small amount extra as consideration. In 2015 I got a promotion and they moved me to California. The company is headquartered in KS and I am employed in California. Does that invalidate the non-compete?
Obviously, the terms of the agreement, and the circumstances surrounding it, will be the biggest factors in evaluating its enforceability. However, non compete agreements, especially in California are difficult to enforce.
My parents were divorced and the house was moms. Father remarried another woman ten years ago . Hes claiming to be a widow his wife is alive and thats a lie. I am my mothers only child and rightful heir to her estate . My because my mom signed my grant deed to transfer my home to me and I found... Read more »
I agree with the other answers to this question, but want to emphasize the urgency of your taking action. You MUST immediately, formally and legally put the prospective buyers on "Notice" that there is a dispute over the property. If you don't, and the transaction closes, your...Read more »
If a law firm employee has admitted in court to forging my signature on a fee agreement of terms that were 4 times higher than what I agreed to in the actual fee agreement....do I sue the employee or the attorney?
The court did order all fees (over $30k be refunded to me) but that still... Read more »
There are a lot of missing facts here, but I agree completely with your refusal to "let it go." The issue here is too important. At a minimum, you should go to the Bar Association, and consult with an attorney to help you sort it all out.
Frankly, I would be surprised to find an attorney who is interested in transactional work, who works on an hourly fee basis, who would not jump at the chance to take work on a contract by contract basis.
My stepfather and mother were married 28 years my mother owned her own ompany she had numerous bank accounts stocks bonds life ins she passed 2002 with a holographic will stating in her husband's demise all monies go back to her children my stepfather pass 2016 Intestate as a widower his... Read more »
There are a lot of facts that are unclear, but it appears that you mother left your step father a "life estate" in her property, meaning he got the proceeds from the business and was allowed to live in the home, for his lifetime, and then all her property would revert back to her...Read more »
Because we are a Corp. we had to hire a lawyer to answer the ''threats''- very expensive! Finally we were actually sued, at that point our Insurances kicked in and now our legal defense is paid by the Insurances.
Could we have hired a much cheaper lawyer- young, newly... Read more »
I do not specialize in condo law, but it would seem to me that you can, and should, turn over any threats to your insurance company anyway. One certainly does not wait for a lawsuit before turning an auto accident over to your insurance company. You can certainly do a lot of harm to your case,...Read more »
plaintiff ordered to pay defendant attorneys fees at trial court. Plaintiff appealed for "abuse of discretion". Appellate court affirmed trial court citing no abuse of discretion and awarded respondent "costs" of appeal. plaintiff now threatening to appeal any costs or... Read more »
Unless there are some important facts left out of your question, you should simply ignore his threats. An appeal does not stay execution on a judgment. Obtain a writ of execution, record an Abstract of Judgment, and start levying on his property and bank accounts. If he wants to stay your...Read more »
After the owner died the caretaker stayed living in the house. Caretaker changed all locks and changed phone number. After the house got sold by bank the caretaker received money to move out and she took decendants personal belongings, valuables and all furniture with no accountability. Caretaker... Read more »
Few things happen automatically, without someone putting things in motion. Most likely, Wells Fargo did everything required of them by the law and the Trust Deed under which the home was sold. It is up to an heir, a friend, or even a creditor to open a probate if they have some interest is doing...Read more »
If I missed filing a Malpractice complaint against my former attorney by one day (ie. SOL expired on a Monday and today is Tuesday) would you still file the complaint and hope for the best? Does the SOL for Malpractice action against an Attorney expire 1 year after the Attorney's last day of... Read more »
The answer to the question, "When does the statute of limitation expire?" is a fairly easy one, although there could be questions about that too. Generally, it depends on what date it began to run; there are many complications as to that question. Typically, as in almost all cases, the...Read more »
I live in California. We have a legal malpractice claim against two attorneys, one who abandoned our underlying case prior to trial (no Arb in Retainer Agr) & the other who took the case through trial & lost the case (Retainer Agr has Arb clause). The SOL deadline related to the action... Read more »
There is a split among attorneys as to whether you should combine serial malpractitioners; it all comes down to specific facts. Indeed, under some circumstances, you may, at some point, be forced to consolidate the two cases. Without knowing more, I would not mention the 2nd attorney in the suit...Read more »
It is a fairly simple procedure actually. Of course, there are several types of partnerships, and you probably should not rule out a Limited Liability Company, or even a Corporation. But once you have determined what you need, simply go to the California Secretary of State's Web site, and...Read more »
Can an attorney who conceals the fact that the attorney has a relationship with the attorney tolls the statute of limitation and never made a written notice of the relationship required under Rule 3-310.
There are too many missing facts here. I think I can assume that you are talking about a conflicting relationship between your attorney and the opposing attorney. But, was it your attorney who made the false statement, or the opposing attorney? and did the statement have anything to do with the...Read more »
I believe negotiations of filing/not filing a complaint with the State Bar is not an option.....but is it legal to negotiate a settlement vs. reporting to law enforcement if that appears to be the only way to get financial compensation from being wronged?
I believe what you are suggesting is the essence of extortion, or blackmail, and you want to stay away from that. But all is not lost. For almost every crime there is a civil counterpart; just ask O.J. Simpson. As far as I know, there is no sanction for demanding compensation, or you will file...Read more »
He admitted to the Fed judge after I was awarded Pro Bono atty to help me submitted False Declarations under pen of perj from employees who later admitted to lying. Submitted Declarations about supervisors forging signature of other clients happened regularly for many years.
As in any civil suit, one of the elements of a claim is damages. As I understand your question you have already gotten your money back, so unless you can prove other damages, like intentional infliction of emotional distress (very difficult) you don't have any damages, and therefore no case....Read more »
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