Get free answers to your Legal Malpractice legal questions from lawyers in your area.
I was a long-time user of Upwork, relying on the platform for professional opportunities. My account was permanently suspended due to a job I posted 18 months prior, which Upwork claims violated their Terms of Service under Section 3.2 ("Acting misleadingly or fraudulently"). The job... View More 
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answered on Nov 19, 2024
Your situation highlights several important legal considerations regarding Upwork's enforcement of their Terms of Service and the doctrine of laches (unreasonable delay in making legal claim).
While Upwork's terms give them broad discretion to suspend accounts, the 18-month delay... View More
answered on Nov 15, 2024
While that could be considered malpractice or neglect, without further harm, such a case may not be viable.
i found out her errors 4 years later when i decided to represent myself bec i got into a lot of debts bec of d case suffered financial hardships and case dragged bec of her serious oversight
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answered on Nov 14, 2024
If you believe your previous lawyer committed malpractice that caused financial harm, you should first gather and organize all evidence of the errors, including court documents, communications, and financial records showing your damages.
Consider consulting with a legal malpractice attorney... View More
I really need to speak to an attorney to give more details as it is lenghty and complicated.
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answered on Nov 14, 2024
Let me help point you in the right direction since time is critical with your upcoming court date.
For immediate assistance with pro bono legal services, contact your state's bar association - they maintain lists of attorneys who offer free legal help and can match you with someone... View More
In a Legal Malpractice case, if an Attorney representing the attorney party, presents materials to the Court intended to establish justifiable reliance that later is found to be fraudulent, is it necessary to name the Attorney in the case in order for the defendants to be held accountable for the... View More
answered on Nov 6, 2024
There are other methods you can take in the court to show the evidence is fraudulent to the jury to help your case.
My county has a child protection system that lies, manipulates, and illegally seizes children targeting women with addiction in their history who lack strong support systems to keep sanity while trying to fight for their only true love in this life. They rip apart families and have no consequence... View More
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answered on Nov 15, 2024
First, document everything meticulously - keep detailed records of all interactions, conversations, and incidents with the child welfare department. Save all emails, letters, court documents, and take notes during phone calls or meetings, including dates, times, and names of everyone involved.... View More
If you file a Renewal Motion for Motion to Vacate Arbitration Award based on new evidence of fraud, which is extrinsic, and simultaneously file a Motion to Set Aside/Vacate Judgment... being that the Judgment would technically be void for the fraud being extrinsic, is there another way you should... View More
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answered on Oct 31, 2024
When dealing with extrinsic fraud, a Renewal Motion for new evidence typically functions as a Motion to Vacate the Arbitration Award. Extrinsic fraud involves actions outside the scope of the legal process, such as deceit that prevented you from presenting your case. To have the award set aside,... View More
Defendant scheduled hearing for demurrer to amended complaint. Plaintiff opposes demurrer, and amends opposition to demurrer.
Does amended opposition to demurrer require separate hearing?
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answered on Oct 27, 2024
If you have filed an amended opposition to the defendant's demurrer, you generally do not need a separate hearing. The court can consider your amended opposition at the already scheduled hearing for the demurrer to the amended complaint. This means that the hearing date remains the same, and... View More
Objection to demurrer should be amended. What statute and rule of court defines amendment to objection to demurrer?
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answered on Oct 27, 2024
To amend your objection to a demurrer in California, you should refer to California Code of Civil Procedure section 473(a)(1). This statute permits the court, in the furtherance of justice, to allow a party to amend any pleading or proceeding upon appropriate terms. It provides the legal foundation... View More
Spent 2 years searching for an attorney and noticed I was always getting turned down before having a single conversation or consultation. No Q&A. I decided to then submit an identical case description but used a different name/contact info. And now I'm getting calls left and right. I... View More
answered on Oct 25, 2024
If there is such a list, I don't subscribe. A simple Google search can reveal information that may telling.
i had a 6 extraction in one procedure last 05/15/2024. He damaged my sinus maxillary that now an ENT specialist need to do a surgery and make corrections on my sinuses. The dentist saw me that I was in excruciating pain and while He was working with my molar instead of telling me that it’s rotten... View More
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answered on Oct 24, 2024
I'm sorry to hear about the difficulties you're experiencing. If a doctor did not provide the appropriate care, especially considering your medical condition, you might have grounds for legal action. Medical malpractice cases generally require showing that the doctor had a duty to you,... View More
I’ve Loss the sense of Smell (Anosmia): The procedure caused it. which I’m hoping it wont be permanent. This has drastically affected my quality of life. There was no provision of post-operative care such as temporary dentures or bone grafts. This has raised concerns about potential bone loss,... View More
answered on Oct 24, 2024
Use the Justia FInd a Lawyer tab and search for medical malpractice or dental malpractice lawyers in the county/area you reside. Call a few, meet with them, and then decide how to proceed from there. Most will provide a free initial consult or telephone consult. Good luck.
My parental rights was terminated by a court commissioner instead of a judge without my knowledge on video zoom court that on my end was black I don't know who was at the hearing but the paperwork of that court date shows a court commissioner not a judge and there are other details of lies I... View More
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answered on Oct 23, 2024
I'm sorry to hear about the difficulties you're facing. Finding the right legal assistance is crucial for your situation. In Fresno, there are several attorneys who handle family law and can help you navigate the complexities of your case.
You might consider reaching out to the... View More
Notice and citation to parent for appearance at hearing Welfare& Institution code §366.26 and §366.23 Superior Court of California county of Fresno juvenile court if the details in the notice is incorrectly such as the date of birth of the minor and the minors name isn't correct and the... View More
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answered on Oct 23, 2024
If you've received a notice and citation with incorrect details such as the minor's name, date of birth, or a parent's name, it's important to address these errors promptly. Inaccurate information can potentially affect the legality of the notice and the proceedings that follow.... View More
If so, anyone recommendation would be greatly appreciated. Thanks in advance
answered on Oct 17, 2024
Yes, an out-of-state attorney could handle a case against a California attorney. The out-of-state attorney would need to hire a local attorney to act as local council. Note there are a number of qualified legal malpractice attorneys in California and those may be your best option to begin with.
I was maliciously prosecuted by the catholic church for a crime that never happened. A jury found me not guilty. My public defender missed the deadline for filing my factually innocent. I lost in Superior court twice and in Appellate court twice. I lost in appellate court twice. My court... View More
answered on Oct 30, 2024
I'm sorry to hear about your situation; it sounds incredibly challenging and frustrating. If you've been through multiple levels of court and are facing difficulties with your representation, you may still have options for appealing your case or seeking legal recourse.
Seek New... View More
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
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