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California Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for California on
Q: Attorney after falsified the Plaintiff declaration, he has filled it with the court, for a lawsuit of 25,5 Millions

Attorney after he falsified the Plaintiff declaration, he has filled it with the court, knowingly that declaration is false, for a lawsuit for 25,5 Millions, by using a false declaration.

Without falsification of Plaintiff declaration, this lawsuit couldn't be filed.

We... Read more »

William John Light
William John Light answered on Mar 31, 2021

Get an attorney and present your evidence to a jury at trial. The judge cannot decide whether the declaration is false. The Plaintiff says its true. The jury gets to decide.

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: Is it ethical in an Unlawful Detainer case for the plaintiffs council to dismiss the case without the courts clerk stamp

The plaintiffs attorney dated and signed document, missing stamp.

William John Light
William John Light answered on Mar 27, 2021

That's how it works. Plaintiff's counsel dates and signed the Request for Dismissal, then it is delivered to the Clerk to be stamped. Presumably, Plaintiff's counsel has served you with the unstamped copy, and you will later be served with the stamped copy.

1 Answer | Asked in Legal Malpractice for California on
Q: What is the proper Bluebook citation to the rules of professional conduct in California
Kenneth Sisco
Kenneth Sisco answered on Mar 8, 2021

Here is a link to the Rules of Professional Conduct, via the California State Bar.

http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct

Good Luck.

Ken Sisco

4 Answers | Asked in Criminal Law, Communications Law and Legal Malpractice for California on
Q: I need help ! I don't know how to go about this and if it's even worth it ..

I have a public defender . She calls me the day of my court date and tells me that the court is closed due to covid so no one is allowed in the court house . She left me a voice mail stating this loud and clear and repeated her self twice . she would notify me when the court re opened ,in the mean... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 24, 2021

Sorry about what happened. I would make sure that her office knows what happened to you and see if there is any way to help get your $2000 back. Unlikely, but worth a try.

Keep those VMs!

Good luck!

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1 Answer | Asked in Contracts, Copyright, Criminal Law and Legal Malpractice for California on
Q: I'm not sober under the influence to my attorney. Is it illegal can I suspend their bar? What is it called by law code.

I'm not sober drunk and high on drugs. They're all seeking advantage of me doing white collar crime fraud scheme. What is it called by code of law?Can I suspend their licence bar?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jan 1, 2021

A lawyer involved in a 'white collar crime fraud scheme' would surely face the loss of their license with the state bar, not-to-mention criminal prosecution. You can file a complaint at The California State Bar website- calbar.ca.gov or call (800) 843-9053. It might be wise to consult... Read more »

1 Answer | Asked in Real Estate Law, Collections, Legal Malpractice and Libel & Slander for California on
Q: What to do if an attorney added a person to an Abstract of Judgment illegally and recorded it?

My present husband was erroneously added to an Abstract of Judgment against me from my ex husband. Now his sole and separate property which he purchased with inherited funds has a cloud on it's title. The attorney for my ex husband has continuously filed and recorded documents with no legal basis.

Kenneth Sisco
Kenneth Sisco answered on Dec 29, 2020

There are too many variables and unknowns to give you a conclusive and complete answer, but we can move towards one. An abstract of Judgment is supposed to accurately reflect the terms of the Original Judgment. Accordingly, your first task is to compare the Abstract to the Judgment. If your... Read more »

2 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: I rec’d a settlement from accident. 3 yrs later, I got an unpaid med bill. My attorney failed to pay; do I have recourse

Attorney was sent all the bills to handle and include as part of settlement package. They had all the info on medical bills so that I would not have to worry about coordination. Once we settled, I thought everything had been completed and paid. 3 yrs later, I got a medical bill saying after... Read more »

William John Light
William John Light answered on Dec 3, 2020

You should have an accounting or breakdown of the fees, costs, and medical expenses that were paid out of the settlement. If that document claims that a medical bill was paid, but it was not, you have a claim.

If your attorney left that medical bill off the accounting, then it wasn't...
Read more »

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3 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: Fbi goes to grand jury, grand jury decides to indite, same day FBI bring case to a Judge and gets a warrant and arrests

1-current gand jury is unconstitutional. FBI goes to grand jury to get a sure conviction. Fbi on same day brings case to Judge and gets warrant. Arrest you and lie and say your arraignment is your due process. I think this is a clear violation of due process along with the violation one goes... Read more »

William John Light
William John Light answered on Nov 17, 2020

Some misconceptions:

1. Grand juries are not unconstitutional.

2. The FBI does not go to the grand jury, that is the prosecutor's job.

3. Arraignment is one of the pieces of your "due process", which continues through your trial, conviction and appeal....
Read more »

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1 Answer | Asked in Consumer Law, Identity Theft and Legal Malpractice for California on
Q: WHAT LEGAL FORM WOULD I NEED TO FILE TO A CLASS ACTION SETTLEMENT AS COUNSEL, PROPER, SELFREPRESENTATION

CASE 5:2018 CV 06164-EJD AT 280 S. FIRST ST. SAN JSOE CALIFORNIA, BEING A VICTOM AS DEFINED "ALL PERSONS WITHEN THE UNITED STATES WHO HAD A CONSUMER GOOGLE+ ACCOUNT FOR ANY PERIOD OF TIME BETWEEN JANUARY 1, 2015 AND APRIL 2, 2019. WELL IM STILL HAVING TECHNICAL IOSSUES OF SECURITY BREACHES AND... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 6, 2020

Your case is being processed by a US District Court. There are no forms, but there are a lot of rules that you must follow. Federal Courts are very strict on the rules. Best if you retain an attorney to assist you, District Court Judges are not very patient with Pro Per plaintiffs.... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: California - Attorney billing. Can a attorney bill a client to file paperwork to change a court date

Been a very difficult experience. We hired an attorney to represent my girlfriend in an alimony case. This is the worst experience I've ever encountered in terms of representation. While reviewing the billing, I noticed the Attorney billed my girlfriend to complete a form to request a change... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 5, 2020

It is not unlawful, but it may be improper. First, you have to look at your retainer agreement. Next, you should discuss your concerns with the attorney- maybe he used a computerized billing program that automatically billed for all tasks recorded, and he is willing to remove the charge. (I would... Read more »

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: Property owner shut off the water on may 29 2020 and it's still off

I paid the attorney to file an answer to a unlawful detainer and when we went to court he didn't say one word and the papers I had served says we defaulted

Maurice Mandel II
Maurice Mandel II answered on Oct 29, 2020

Sorry to hear about your situation. Unfortunately, I must tell you what you really don't want to hear- you need to go to a new attorney to review the situation with the UD and with the work of your prior attorney to see if legal malpractice was committed by him. Look for attorneys here on... Read more »

2 Answers | Asked in Legal Malpractice for California on
Q: What steps to file a suit again my prenuptial lawyer for malpractice; the legal document is not holding up.

The counsel is saying the prenuptial has "holes in it." Ex wants 110K because the prenup won't stand in court due to her errors/fraudulent work. He wants alimony. The clearly addressed all this with the prenup lawyer.

Kenneth Sisco
Kenneth Sisco answered on Oct 29, 2020

You are premature in looking at a legal malpractice lawsuit. As with almost all civil litigation, you must prove damages in order to prevail. At this point, from the facts stated, you have no damages. All you have is a demand from your former spouse's attorney that your prenup will not... Read more »

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3 Answers | Asked in Legal Malpractice for California on
Q: Can I ask my primary attorney in a Ca premises liability lawsuit to keep something confidential from the partners?
Theodore Allan Greene
Theodore Allan Greene answered on Oct 28, 2020

You need to ask your primary attorney that question. He/she should have all the relevant information to answer that question. It's difficult to even guess at an answer based on what you have provided.

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1 Answer | Asked in Legal Malpractice for California on
Q: My brother got arrested in Portland OR for lighting particle board on fire. We are looking for legal advice.
William John Light
William John Light answered on Oct 26, 2020

1. You are in the Calfornia forum for legal malpractice. Ask in the Oregon forum for criminal defense.

2. Tell him to stop setting things on fire. It does literally nothing to make whatever point he championing.

4 Answers | Asked in Legal Malpractice for California on
Q: Can I fire my personal injury attorney if I feel like he's not answering my questions promptly and communicating to me?

Hello, I live in California, I hired a personal lawyer back at the end of June 2020. I told him I didn't want the case to drag on forever and I'd be fine with the settlement originally offered, I was afraid of not getting proper medical care. The money is great but not the most important... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Oct 20, 2020

Your lawyer might have a claim to some of the fees. It's really hard to fully understand the situation with what you have said but there is a good chance he/she has earned some percentage of the 33 and possibly the whole amount. Sometimes it's the other side that slows things up.

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1 Answer | Asked in Legal Malpractice for California on
Q: If I am a Personal Injury Lawyer and my client wins the case for 100k$ and I get 33% of the money will my money be taxed

As well if I worked for a law firm does my boss take some money from the 33% I earned or is it varied on different law firms

Maurice Mandel II
Maurice Mandel II answered on Oct 18, 2020

The money that an attorney receives for working on a case is taxable income. The amount that the firm receives depends on your contract with the firm. These are really pretty basic business questions and if you are working for a firm. who is representing the client? The firm or you, individually.... Read more »

3 Answers | Asked in Legal Malpractice and Tax Law for California on
Q: If I am a Personal Injury Lawyer and win a case do I pay taxes on the money I got from the case

I am in California

Haleh Shekarchian
Haleh Shekarchian answered on Oct 17, 2020

Taxes would have to be paid on attorney’s fees the attorney is charging since that is an earring.

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1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for California on
Q: I have been assaulted by police,I have a letter from the county saying I need to file a extension

I called 911 on myself for psychiatric help after loosing my home and being severely burned in a fire. the police showed up & dismissed the ambulance & EMTs & proceeded to arrest & assault me unjustly. They put handcuffs on my (3rd& 4th degree) burned wrists and 6 officers... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 13, 2020

i assume this is the case we just discussed over the phone re Boat Accident.

if you need more assistance please call and I will try to help you find a Maritime Lawyer in Northern California.

2 Answers | Asked in Legal Malpractice for California on
Q: If attorney works for the judges Law Firm is it a conflict of interest
Sandy Lynne Meade
Sandy Lynne Meade answered on Sep 4, 2020

Yes and no. Generally, I would expect the Judge to recuse himself/herself from the case if s/he has a close relationship with one of the attorneys or a firm on the case they are hearing such as you are describing. There are exceptions to the conflict of interest wherein the Judge has no... Read more »

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2 Answers | Asked in Legal Malpractice and Business Law for California on
Q: If an equity partner in a law firm screws up badly and the firm is sued - can the partners expel her and keep her stake?

This is for something I'm writing ( a work of fiction) and I'd like to have something with this situation: a lawyer who just borrowed a lot of money to become an equity partner in a law firm is sabotaged to accidentally reveal some very private client info to the wrong people. The lawyer... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 28, 2020

The answer to this question will depend on form of the entity that is the law firm, and the organizational agreements associated therewith. A well-drafted Shareholder's Agreement or Partnership Agreement can spell out the particular circumstances under which an equity owner/partner can be... Read more »

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