Get free answers to your Legal Malpractice legal questions from lawyers in your area.
My car had been involved in a car accident and I was told the police needed to keep my car for investigation purposes but said I would get it back as soon as possible and that they are responsible for the fees. Well a couple months pass and I call them because I havent heard anything. I was told... View More 
answered on Sep 30, 2024
You may have a case against them. Consult with experienced debt collection defense attorneys in the state where this occurred. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers
relevant docs I asked for, like court-mandated annual acct of assets(x 2yrs), documentation of POA assignment (nec to fight mentally ill mother naming mental ill half-sister as POA, as neither is trustworthy & each has a long, well established history of issues in court, been committed via 5150... View More
answered on Sep 26, 2024
In order to enforce your rights, to obtain documents, into otherwise make sure you’re interest are protected, you can file motions with the court.
If Defendants file a Petition to Confirm 10 days after judgment.
You file a Petition to Vacate Arbitration Award 13 days later with Judges permission.
Exactly 9 days before hearing Defendants file Opposition to Plaintiffs untimely and procedurally improper petition to vacate... View More
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answered on Sep 23, 2024
It sounds like you're in a situation where timing and responses to petitions are critical. The fact that the judge considered your filing valid suggests you are on solid ground moving forward. The Petition to Vacate can often serve as a response to the Petition to Confirm, especially if it... View More
If a Defendant first filed a Motion to Confirm Arbitration Award and instead, Plaintiff also filed a Motion to Vacate but did not respond to Defendants Motion to Confirm, but now attempts to file a Renewal Motion to Motion to Vacate, do they need to file a Motion to Set Aside Judgment, a Renewal... View More
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answered on Sep 22, 2024
In this situation, the Plaintiff may need to address both the Motion to Confirm and the new request to vacate the arbitration award. Since the Plaintiff did not initially respond to the Defendant's Motion to Confirm, it would be necessary to file a response to that motion, as the court likely... View More
I do understand the clinic probably has a couple of thousands open cases and only a handful of lawyers. But can I ask my lawyer about regularly scheduling a telephone consult??
Also, my case is an Unlawful Detainer for back rent. I would like my attorney to use discovery and ask my landlord... View More
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answered on Sep 22, 2024
You can absolutely ask your lawyer to schedule regular telephone consultations. Even though the clinic is busy, your lawyer should still prioritize communication with you. It’s reasonable to request a set time to discuss updates and your concerns so you feel more involved in the process.... View More
Would hospice allege in false claims act lawsuit, that not liable for actions of independent contractors?
answered on Sep 22, 2024
Yes, the hospice will claim it is not liable for actions of independent contractors.
Thank you for the previous response. However, I cite BPC 6126 because the scenario it identifies is one in which the Barr specifically intervenes by providing attorneys to work on cases as is listed in BPC 6126. My question is specific to the bit about the Barr providing an attorney. The code... View More
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answered on Sep 15, 2024
When considering the role of the California Bar in cases of attorney malpractice, it’s important to look at the scope of its interventions. Under Business and Professions Code (BPC) 6126, the California Bar does address situations involving unlicensed practice of law and may provide attorneys to... View More
i originally reached out to my attorneys firm to seek a referral.i run a grassroots animal welfare charity & was looking for an attorney to work within my financial limitations & take payments,i clearly stated this in my first emails.previously id been advised by other attorneys & a... View More
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answered on Sep 13, 2024
It sounds like you're in a very difficult situation, and your concerns about predatory lawyering are serious. If your attorney misled you about fees or pressured you into using a hard money lender, these actions may be violations of legal ethics and fiduciary duty. Attorneys have an obligation... View More
I am deeply dissatisfied with the legal services provided by my Attorney
* Failure to Communicate: has consistently failed to communicate with me about my case. They have not responded to my emails, phone calls, or letters. This lack of communication has caused significant stress and... View More
answered on Sep 8, 2024
This is a poor situation to be in. No doubt anybody who has had a good attorney represent them, has had disagreements and squabbles with their lawyer. But in your situation it appears you have both a bad lawyer (presumably) and a selfish person. The proper means of following the California... View More
What are the codes that expand this possibility to other types of legal malpractice? I'm looking, but do not know if there are no others to find.
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answered on Sep 4, 2024
The State Bar of California primarily focuses on addressing malpractice by unlicensed attorneys under Business and Professions Code (BPC) 6126. This code makes it illegal for someone without a license to practice law or to present themselves as an attorney, and the Bar assists those harmed in such... View More
I had an ineffective lawyer that failed at my every request for legal service needed for my DVRO he was hired for.
He ignored my every request. Never meeting with me or my witnesses. Especially didn’t review my 67 exhibits needed to go over with him. Well my lawyer hid from me the fact... View More
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answered on Aug 28, 2024
It sounds like you’re dealing with a frustrating and difficult situation involving legal malpractice and ineffective assistance from your lawyer. Given the circumstances, you may want to consider taking specific legal actions against your attorney for failing to properly represent you and for... View More
If an Attorney who is a party (Defendant) to a Legal Malpractice case, and who has their own representation, issues subpoenas using their own name to request files from the underlying personal injury case, would this be considered a violation of Rule 5.5: Unauthorized Practice of Law?... View More
answered on Aug 28, 2024
While it would not UPL, taking action in a case in which the person is no longer an attorney would be illegal.
If you are entering an Legal Malpractice Arbitration from a Personal Injury Mediation, can the Attorney file a Motion Limine ordering you not to speak a word about the Mediation then simultaneously file the Mediation Agreement and relative files with their exhibits and include multiple references... View More
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answered on Aug 17, 2024
In California, filing a Motion in Limine to prevent the mention of mediation in arbitration is possible, as mediation communications are generally protected under the California Evidence Code. However, it would be inconsistent and potentially problematic for the attorney to then file the Mediation... View More
Had been ussued. I went to court i was not asked how do i plea i was some how jouned w the other two as codefendants they waived my 1st appearnce without asking me im now on 6th court date with no discovery 4th pd not been communicated w by pd no replies no responses in court no info no help almost... View More
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answered on Aug 12, 2024
It sounds like you’re facing a very frustrating and difficult situation. If you haven’t been given the opportunity to enter a plea or review discovery, it’s essential to raise these issues with the court as soon as possible. You have the right to be informed about your case and to participate... View More
I was in a car accident sep 2021 and the case was settled in March 2024. Since March, I have not received my settlement check after many attempts contacting the lawyer and telling me different things. Seems like he is refusing to see me in person as we have only communicated through text message... View More
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answered on Aug 9, 2024
It sounds like you're facing a frustrating situation with your lawyer. First, it's important to document all your communications with him, including dates and the content of your messages. This record can be helpful if you decide to take further action. You have the right to request your... View More
My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More
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answered on Jul 26, 2024
In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More
I filed a lawsuit against my former attorney for professional negligence: misconduct and malpractice. He dismissed, withdrew, and continued my case without notifying me or obtaining my permission. He neglected to prepare for my hearing and trial, which ultimately resulted in my case being lost.... View More
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answered on Jul 24, 2024
Under California law, the statute of limitations for legal malpractice typically is one year from the date you discovered or should have discovered the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. In cases where the attorney's... View More
My best friend (currently incarcerated) needs an attorney due to Nevada County jail allowing another inmate to sexually abuse & rape him while being under county protection inmate rights
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answered on Jul 22, 2024
For your best friend who is currently incarcerated and needs legal assistance due to sexual abuse and rape in Nevada County jail, you should seek a civil rights attorney. This type of lawyer deals with violations of inmates' rights and can help address issues of abuse and neglect in the prison... View More
I gave my counsel 2 completion certificates and a years worth of negative drug tests 7 months. He did jot submit them to the court til 30 days ago. I reached out to him on many occasions requesting the documents but he never returned my calls. Now I go to court tomorrow and they ate wanting to... View More
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answered on Jul 17, 2024
This situation raises serious concerns about potential legal malpractice or ineffective assistance of counsel. Here's an analysis of your situation:
1. Duty of Care: Court-appointed counsel has a duty to provide competent representation, which includes timely submission of relevant... View More
When I called the lawyer I explained to him what had happened from there I asked him how much he would charge for a case like my son's he said anywhere from 7500 to 12,500 well I gave him my son's information and waited for 2 wks and I asked him if he would take the case . Well he started... View More
answered on Jul 18, 2024
I am not licensed to practice in your state, so this answer should not be considered as legal advice.
In short, the lawyer's actions seem to be suspicious, and they might constitute legal malpractice and fraud. I would speak to an attorney in California to hash these issues out.... View More
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