California Legal Malpractice Questions & Answers

Q: I have question. I have wrongful termination and discrimination

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for California on
Answered on Apr 18, 2019
Neil Pedersen's answer
I am sorry but your post is not very clear. I will try to provide some guidance.

An employee who is terminated (i.e., discriminated against) because of their membership in a protected class who worked in California has options about which law he or she wishes to use to enforce their rights. The federal Title VII laws are available as are the California Fair Employment and Housing Act (FEHA) laws. If do not need to use Title VII then it is usually far superior to use FEHA. If your...

Q: surplus funds due to be collected.Some attorney lied said i hire her but i dont know this person.I havent seen contract

1 Answer | Asked in Business Law, Consumer Law and Legal Malpractice for California on
Answered on Apr 18, 2019
Scott Richard Kaufman's answer
You may want to WRITE to this person to see what is up?

Most (honest) attorneys will respond swiftly with an explanation.

Failure to respond timely may show s/he knows they did

something wrong. Then you may take it to the next level, like

opening up a BAR inquiry?

Q: I was executer of estate and my attorney discouraged me from submitting my creditors claim and assets not protected help

1 Answer | Asked in Legal Malpractice and Probate for California on
Answered on Apr 5, 2019
Kenneth Sisco's answer
Statutory fees are paid first, so, if statutory fees exceed the value of assets, filing a creditor's claim would make no difference. If property was wrongly excluded from the estate; that is a completely different problem.

Q: Someone has made themselves my legal representative without informing me without my consent, what can I do about it?

2 Answers | Asked in Civil Litigation, Contracts and Legal Malpractice for California on
Answered on Apr 5, 2019
Kenneth Sisco's answer
There are obviously a lot of missing facts here. If you do not know the person who is "pretending" to represent you, your first call should be to the police. Your second call(s) should be to the person(s) who has been contacted by this "imposter." If you do know the person, you should ask that person by what authority, he or she presumes to represent you. Depending on the answer you may still need to call the police, or at least retain a lawyer, to make them stop.

Q: Its hard to explain my issue.There's a deed recorded,I say its not legal. Its my house but How to exit probate court?...

1 Answer | Asked in Real Estate Law, Legal Malpractice and Probate for California on
Answered on Apr 1, 2019
Kenneth Sisco's answer
There are still far too many facts missing to provide a really definitive answer. But, ultimately, if not settled, a lawsuit will need to be filed to cancel the "bogus" deed and quiet title. A forged deed is not merely voidable, but it is absolutely void. If someone forged your name, and you can prove it, the deed WILL be cancelled, and the property will go back to the estate of which you were executor and sole heir, at which time you will need to transfer the property from the estate to...

Q: How do I obtain full disclosure on my case, specifically discovery ?

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for California on
Answered on Mar 26, 2019
William John Light's answer
Unclear on what type of case this is. After discharge (firing) of your attorney, you are entitled to your file from your attorney, except the attorney work product. The return of the client’s files is covered in RPC 3-700(D)(1) which states:

“A member whose employment has terminated shall:

(1) Subject to any protective order or non-disclosure agreement, promptly release to the client, at the request of the client, all the client papers and property. “Client papers and...

Q: Is a text Message considered valid factual evidence?

1 Answer | Asked in Criminal Law, Personal Injury, Constitutional Law and Legal Malpractice for California on
Answered on Mar 26, 2019
Dale S. Gribow's answer
MORE INFO NEEDED.

YOU WANT TO SAVE THAT FOR YOUR LAWYER WHO CAN GET MILEAGE OUT OF IT

Q: My lawyer had no malpractice insurance. I have a case but no attorney will take my case because of this. Any pro bono?

1 Answer | Asked in Legal Malpractice for California on
Answered on Mar 25, 2019
William John Light's answer
If you lost money due to theft or dishonest, you can make a claim with the State Bar Client Security Fund:

calbar.ca.gov/Public/Complaints-Claims/Client-Security-Fund

Q: The police removed my anonymity as they had information I gave them from calls I made to dispatch. Is this legal?

1 Answer | Asked in Civil Rights, Criminal Law, Legal Malpractice and Communications Law for California on
Answered on Mar 13, 2019
Dale S. Gribow's answer
this is not my area of law but I assume absent an agreement you might have an uphill road to climb.

anyone can sue anyone for anything at any time........the question is what is the value?

you can always sue in small claims for a minimal cost, and sue for up to $10k, but you must prove damages.

Q: I was convicted of a crime and feel I've been abused by the system what should I do?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for California on
Answered on Feb 8, 2019
Louis George Fazzi's answer
Reach out to the ACLU [https://www.aclu.org/],

or contact the Innocence Project [https://californiainnocenceproject.org/?gclid=CjwKCAiA7vTiBRAqEiwA4NTO619-Cl7XEVBnG1ildi__nhZVMsPTWVi4E3yqcx9_XbJZE06PEobbxoC4JgQAvD_BwE]

You can copy and paste either link in your browser.

Focus on lawyers with criminal defense experience, and if you have family members who can help, ask them to assist you in finding a good lawyer to help you. Some of the biggest law firms in Los Angeles...

Q: The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc.

1 Answer | Asked in Estate Planning and Legal Malpractice for California on
Answered on Jan 23, 2019
Genene N. Dunn's answer
You usually have to start with a request as you have done so and the law typically gives them 60 days to respond. If you still aren't provided with the proper information by then your only recourse is to file a trust petition with the court. This is not a full lawsuit, but rather a petition asking for certain things from the court. It could result in litigation, but it does not automatically go there.

Q: My question is I fell and broke my toe.. went to the Er had X-rays done and nurse practitioners said no broken toe

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Answered on Jan 17, 2019
William John Light's answer
Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.

Q: 2012,13, 15 were consaldated. Does statute of limitations matter when your not covicted until 2017? What's fair?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
Your claim against the police officers would be a civil claim under injury to person. You must pursue your claim within two years in the State of California. After two years, it will be difficult or impossible to make your claim.

Q: Is there a conflict of interest when a lawyer supports beneficiaries' efforts to dissolve his clients' irrevocable trust

1 Answer | Asked in Estate Planning, Elder Law and Legal Malpractice for California on
Answered on Dec 31, 2018
Joel Gary Selik's answer
Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.

Q: Is it legal to transport a survival multitool/camping axe in your vehicle in California?

1 Answer | Asked in Consumer Law, Legal Malpractice and Federal Crimes for California on
Answered on Dec 30, 2018
William John Light's answer
Under CA law, it is unlawful to conceal a knife, or stabbing weapon, upon your person. Whether a stabbing weapon within reach in your car is "upon your person" might be a question for a jury to decide. An axe would not generally be considered a stabbing weapon. Also, folding knives, like typically found in a multitool, are exempt. There may be local ordinances that impose different requirements....

Q: If an angry client lies and posts a libelous review of my law firm online, am I at risk to lose my law license due to

1 Answer | Asked in Legal Malpractice for California on
Answered on Dec 26, 2018
William John Light's answer
If you were a lawyer, you would know the answer already. An attorney's law license is always at risk. However, it seems unlikely that a libelous review would be the genesis of discipline or revocation. A formal complaint to the Bar would have to be made. An investigation would have to follow. Facts would have to be found that merited discipline or revocation. If the complaint is based on "lies", would probably not result in the finding of those facts. However, an analysis of the actual...

Q: Who should I report legal malpractice suspicions to? Just the state bar?

2 Answers | Asked in Legal Malpractice for California on
Answered on Dec 6, 2018
Joel Gary Selik's answer
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.

Q: How to find a pro bono, full contingency lawyer?

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice for California on
Answered on Nov 12, 2018
Dale S. Gribow's answer
Much more info needed.

Why don't you write out a summary of the facts that you can present to attorneys to see if any are interested?

If they have the value you suggest you won't have a difficult time.

But establishing value is not easy.

google lawyer for the area of law you are searching for an attorney.

Q: If we have to sue for legal malpractice is there lawyers that work on contingency for cases like this?

3 Answers | Asked in Legal Malpractice for California on
Answered on Nov 7, 2018
William John Light's answer
Call another firm. You don't have a malpractice case yet because the statute of limitations has not yet expired.

Q: CAN I SUE A DRUG PROGRAM FACILITY FOR AN EMPLOYEE WHO WAS NEGLIGENT IN COLLECTING MY URINE FOR TESTING.

2 Answers | Asked in Personal Injury, Civil Rights and Legal Malpractice for California on
Answered on Nov 5, 2018
Dale S. Gribow's answer
More info needed

anyone can sue anyone at any time for anything.

the things I predict that will be an issue, is can you find a lawyer to do this on a contingency rather than you having to pay a lawyer on an hourly.......... I think this will be a problem for you.

and what are your damages?

if damages are minimal and can be proven you can go into small claims where you can sue for up to $10,000.

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