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 a predeceased beneficiary after my will contest wasn't needed due to the judge finding the will to be ambiguous. I signed up for special notice but for whatever reason I wasn't notified about future court dates, I was coerced into attending mediation. I never spoke to a mediator, never was prepared to attend mediation, and my attorney attended without me and without my consent. When I found my way to the mediation I was immediately forced into accepting a tiny percentage of my entitled share as an issue of a pre-deceased beneficiary with more coercion that nothing more would be offered and if I didn't accept it I could walk away with nothing Moreover, the mediation was not confidential. Advice ND

3 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: 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 a specific case basis, known as pro hac vice. This permission typically requires the association with a locally licensed attorney.

It sounds like you've experienced several complex issues involving conflicts of interest and lack of proper communication and representation. In cases of malpractice such as this, it's crucial to find an attorney who is thorough in investigating and representing your interests, particularly someone experienced in both estate law and professional malpractice.

Given the specifics of your situation, including issues with mediation and court notifications, it would be advisable to collect all relevant documentation and communications. This detailed record will help any attorney you choose to understand the full scope of the problems you've faced and how best to address them. When choosing an attorney, look for someone who is responsive and communicative, ensuring they keep you well-informed throughout the process.

1 user found this answer helpful

Joel Gary Selik
Joel Gary Selik
Answered
  • Legal Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: 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.

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
Answered
  • Arbitration & Mediation Lawyer
  • Little Neck, NY

A: 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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