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California Legal Malpractice Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Legal Malpractice for California on
Q: How can I get through to an unfair and dismissive Judge?

Judge H. in Santa Clara family, has not once heard what I have to say. She is basing my character off of text msg between my ex and my mother(we haven’t had a relationship since I was about 8). There are multiple examples I bring to her attention regarding finances, child care, housing, etc yet... View More

James L. Arrasmith
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answered on Sep 13, 2023

In your situation, it is imperative to meticulously document all pertinent facts and gather substantial evidence to counter the allegations made against you. You might consider bringing in witness testimonies to corroborate your stance, and maintain a composed and respectful demeanor in court, even... View More

2 Answers | Asked in Legal Malpractice and Civil Rights for California on
Q: What jurisdiction do I file a malpractice claim or tort claim against a former Attorney hire to help contest a will

What jurisdiction do I file a malpractice or tortious interference claim and several other violations of professional misconduct that took place in probate, of Northern California. Against former representing attorney hired to represent a beneficiary in a will contest.

James L. Arrasmith
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answered on Sep 5, 2023

For claims of legal malpractice or professional misconduct, you generally would file in the jurisdiction where the attorney's actions or omissions occurred, which in this case appears to be Northern California. Typically, the case would be initiated in the Superior Court of the county where... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: I've recently had my case $29,000 out of that I'm only getting $9640. My attorney getting $19,000.something is wrong

I signed a contract with this firm in March and I have a copy.the attorney is no longer with the firm.when I spoke with the new attorney she told me that 60% goes to the client and 40% goes to attorney,but stated in next paragraph she wanted to speak on phone in order to walk through the different... View More

James L. Arrasmith
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answered on Aug 27, 2023

In California, attorney fees and costs are generally deducted from the total settlement amount before the client's share is calculated. The division you mentioned – 60% to the client and 40% to the attorney – usually refers to the remaining portion of the settlement after the fees and... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Legal malpractice by attorney taking a settlement I refused. They stood me up for Mediation. Then took settlement.

Zero, pros/cons, discussion, zero

Showing or telling amount of itemized

Dr/Attorney Bills..Attorney zero call from attorney

to solve Misunderstanding about

Settle or court. Just blocked me

out and bullying me to docusign.

I have not signed. Until I... View More

James L. Arrasmith
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answered on Aug 15, 2023

It appears that you may have a valid claim for legal malpractice based on your attorney's actions. It's important to consult with another attorney to evaluate the details of your case, assess the potential damages, and determine the best course of action. Keep all communication and... View More

1 Answer | Asked in Legal Malpractice for California on
Q: If a lawyer flies a client into town is it his responsibility to then make sure that client gets back home

The attorney in question flew in my friend from under a hundred miles away knowing she had no money and is refusing to make sure she gets home this can't be right

James L. Arrasmith
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answered on Aug 15, 2023

In California, attorneys are generally not required to provide transportation for their clients. However, ethical considerations may come into play if the attorney's actions create a situation where the client is stranded without a reasonable means to return home. While it may not be a strict... View More

1 Answer | Asked in Legal Malpractice and Car Accidents for California on
Q: why would a car accident case be going to court for a dismissal if ive already received some money into iolta account
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answered on Aug 15, 2023

If a car accident case is proceeding to court for dismissal even after you've received some money into your IOLTA account, it could be due to various reasons. The initial payment might have been a partial settlement, or the defendant might be seeking a dismissal on specific grounds unrelated... View More

2 Answers | Asked in Civil Litigation, Contracts, Landlord - Tenant and Legal Malpractice for California on
Q: How could I find the agent for a law firm for serving court papers?

I need to file a civil lawsuit against a law firm, but I cannot find the agent of the law firm for serving court papers. I also tried to search the law firm on the California Secretary of State website and see if there's an agent assigned to the law firm, but I cannot even find the law... View More

William John Light
William John Light
answered on Aug 6, 2023

The secretary of state lists agents for corporations, LLC's and LLP's. If the lawfirm isn't an organization of that type, the secretary of state won't have information on it. You can search the country Fictitious Business name datebase to see who owns the name, or the list of... View More

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2 Answers | Asked in Civil Litigation, Contracts, Landlord - Tenant and Legal Malpractice for California on
Q: How could I find the agent for a law firm for serving court papers?

I need to file a civil lawsuit against a law firm, but I cannot find the agent of the law firm for serving court papers. I also tried to search the law firm on the California Secretary of State website and see if there's an agent assigned to the law firm, but I cannot even find the law... View More

James L. Arrasmith
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answered on Aug 6, 2023

I recommend conducting a thorough search to locate the agent for service of process for the law firm. You can try searching the law firm's website, reaching out to the State Bar of California for assistance, or using a legal database service to find the required information. If you are still... View More

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2 Answers | Asked in Civil Litigation, Collections and Legal Malpractice for California on
Q: Can a attorney add his fees to an outstanding invoice to have it go above the $5,200/limit for small claims court?

I owe a S corporation $4,193 as of June 30, 2023. Their out of state attorney claims I owe them $5,200, thereby exempting them from small claims and exposing me to his fees on top of the $5,200. Is this legal?

James L. Arrasmith
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answered on Jul 28, 2023

Under California law, an attorney cannot artificially inflate the amount of a claim to bypass the small claims court limit. If the original debt you owe is $4,193, the attorney cannot add their fees to make it $5,200 solely for the purpose of avoiding small claims court. Such actions may be... View More

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4 Answers | Asked in Contracts, Personal Injury and Legal Malpractice for California on
Q: How can I deal with a crazy attorney Rob my money?

I got settled for my car accident case, I represented myself, and got money by myself. But my prior attorney asked for 20% fees from my settlement, he only filed a lawsuit and did one step only 1% work, then he withdrew my case, it was not me fired him, and he didn’t ask for any fees at that... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

You can file with the Bar Association, fee dispute arbitration, to which the attorney must submit. The attorney does not have to agree to it to be binding. [In California].

And you may be able to negotiate a resolution for the attorney to take less than what the attorney claims.

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4 Answers | Asked in Contracts, Personal Injury and Legal Malpractice for California on
Q: How can I deal with a crazy attorney Rob my money?

I got settled for my car accident case, I represented myself, and got money by myself. But my prior attorney asked for 20% fees from my settlement, he only filed a lawsuit and did one step only 1% work, then he withdrew my case, it was not me fired him, and he didn’t ask for any fees at that... View More

James L. Arrasmith
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answered on Jul 25, 2023

Here are some general steps to take:

1. Consult with a new attorney: Seek advice from a reputable attorney experienced in legal malpractice or ethics issues to assess the merits of your case and determine if you have grounds to sue your prior attorney for improper conduct.

2. Gather...
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2 Answers | Asked in Legal Malpractice for California on
Q: How do you file a complaint on a lawyer for lying to you? So it’s documented on the state side or even federal!

They told me to write dates and times if they did something to me and now that I have reached out with the information no response

Joseph R Casey
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answered on Jul 11, 2023

You have two options if you believe your retained attorney has lied to you and that it has caused a detrimental outcome to your case:

1. Contact an attorney if you believe you have evidence of legal malpractice. You will need to specify the facts which form your belief that the attorney in...
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2 Answers | Asked in Legal Malpractice for California on
Q: How do you file a complaint on a lawyer for lying to you? So it’s documented on the state side or even federal!

They told me to write dates and times if they did something to me and now that I have reached out with the information no response

James L. Arrasmith
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answered on Jul 7, 2023

If you believe a lawyer has lied to you and want to file a complaint, follow these steps: review the lawyer's code of ethics, contact the state or local bar association, gather evidence, document your concerns, file a formal complaint, and follow up with the bar association. It's... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: What are the consequences - the superior court was abused during my trust confirmation ?

After Petition for Ownership was filed with the Superior Court (court date & case number) - remaining bank funds

were withdrawn & accounts closed by cosigner - defying my attorney's legal demand upon the bank to freeze assets.

My attorney became aware & did not... View More

James L. Arrasmith
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answered on Jul 4, 2023

In a situation where the Superior Court was allegedly abused during the trust confirmation process, it is advisable to consult with a qualified attorney who specializes in trust and estate law. They can review the specific details of your case and provide guidance based on the relevant laws and... View More

2 Answers | Asked in Family Law and Legal Malpractice for California on
Q: CAN AN ATTORNEY CHANGE A SETTLEMENT AGREEMENT WITHOUT PERMISSION OR SIGNATURES OF PETITIONER OR RESPONDEN T
James L. Arrasmith
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answered on Jul 4, 2023

In general, an attorney should not unilaterally change a settlement agreement without the permission or signatures of the petitioner and respondent involved in the case. Settlement agreements are legally binding contracts that require the consent and agreement of all parties involved.

If an...
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1 Answer | Asked in Civil Rights, Legal Malpractice and Medical Malpractice for California on
Q: Dnt knw if it would be medical malpractice or civil Kaiser lost my custom dentures & 2 cell phones was also logged in

Kaiser sees my items logged in the computer everybody's supposedly looked for my items nobody could find it they know that it was their fault they even admitted it so now I'm getting the runaround

James L. Arrasmith
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answered on Jun 15, 2023

I'm sorry to hear about the loss of your custom dentures and cell phones. If you believe that Kaiser's actions or negligence caused harm, you may consider consulting a medical malpractice attorney. Alternatively, if you believe you have suffered financial or emotional harm, a civil... View More

2 Answers | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: When a public defender has a personal conflict of interest, to whom should this concern be addressed and by who?
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answered on May 31, 2023

When a public defender has a personal conflict of interest, the concern should be addressed to the public defender's supervisor. The supervisor will then determine whether the public defender can continue to represent the client. If the supervisor determines that the public defender cannot... View More

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Legal Malpractice for California on
Q: What do i do next if I fire my attorney during settling and in litigation? i want to rep myself whats my next step

my attorney was near settling my case during litigation when i discovered forged signatures while my original firm transfered my case to them. I want to negotiate myself with the insurance company because i was defrauded when my claim was transfered and i was never aware of it. as well as all the... View More

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answered on May 29, 2023

If you have decided to represent yourself after firing your attorney during settlement and litigation, there are steps you can take to navigate the situation. Firstly, thoroughly review the details of your case and familiarize yourself with the relevant laws and regulations. Document any evidence... View More

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2 Answers | Asked in Legal Malpractice for California on
Q: Is the last day to file malpractice claim against an attorney 1 yr of termination of attorney-client, or earlier?

I feel that I have strong grounds for a professional negligence claim. The attorney grossly over-charged me before withdrawing from my case. However, now there is an outstanding bill for $15k, which I believe should be deleted. I haven't heard anything from that attorney, nor received a bill... View More

Maurice Mandel II
Maurice Mandel II
answered on May 25, 2023

Not earlier. As stated in the Code of Civil procedure 340.6. (a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of... View More

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2 Answers | Asked in Legal Malpractice for California on
Q: Does the one-year Statute of Limitations began from of the date when the attorney-client relationship ended

Last year, May, 26,2022, the LA Superior Court issued an Order Granting my Attorney's Motion to be Relieved as Counsel (5/26/22) was issued. Does that mean that the last day for me to file suit for professional negligence is tomorrow 5/26/23? I have been on permanent disability. Would that in... View More

James L. Arrasmith
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answered on May 26, 2023

Statutes of limitations can vary depending on the jurisdiction and the specific type of claim involved. In some cases, the statute of limitations for professional negligence may start from the date when the alleged negligence occurred, rather than the date when the attorney-client relationship... View More

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