Lawyers, Answer Questions  & Get Points Log In
California Legal Malpractice Questions & Answers
1 Answer | Asked in Real Estate Law, Business Formation, Civil Rights and Legal Malpractice for California on
Q: I am living a gated community and HOA has no meeting and no elections for last 5 years since I moved in.

HOA has 5 board members which appointed by president. No elections at all. Is that legal? I have been asked for the election and no board member answers. Also I found out some board member on the position for 12 years and they use HOA water and HOA Garderner for private land. For such small... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

There are attorneys who practice HOA law. Speak with one about your situation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Legal Malpractice for California on
Q: My HOA put my name as CFO on sec of state without my permission. Is that legal?

The management company said it’s just doc error. They just randomly pick a name to fill to states.

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Speak with a local attorney to contact the HOA regarding this. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Legal Malpractice, Employment Law and Health Care Law for California on
Q: Do I have legal rights?

I work for and OBGYN clinic and the fronk desk has been using my initials when scheduling the patients. I spoke with her and she denied and used lies to defend herself. I know because the EMR shows who actually made the appointment and who was last editing the appointment. The manager was notified... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 16, 2022

I would talk to the HR manager about this issue if you have not already.

1 Answer | Asked in Workers' Compensation, Legal Malpractice and Public Benefits for California on
Q: Hi. I was Not Paid Not Any Weekly/ Monthly Indemnity while I Attended Eight Weeks of Attending Chronic Pain Doc. My Atty

My Attorney told Me I Could Not Receive Three Disability at a Time. I Attend from 2013 to 2019 with My New PTP given to Me. I did Not Get Paid Nothing. Not Even Mileage. Only My SSDI and My Pension Owed to Me. I Attend Every Month. His Assessment Read. This Man is "PTD" SHALL NOT LIFT... Read more »

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Aug 1, 2022

You may be entitled to temporary disability and permanent disability payments. However you can not collect both state disability and worker’s compensation temporary disability at the same time. That would be double recovery. You are also entitled to Milage.

More information is necessary...
Read more »

1 Answer | Asked in Probate and Legal Malpractice for California on
Q: Can I sue my lawyer for misrepresentation, he missed all filing dates ect.

He failed to represent me in court.

David Ostrove
David Ostrove
answered on Jun 30, 2022

You may sue your lawyer, but that does not mean that you will win anything.

You must prove all the elements of your case:

You must prove that he/she was your lawyer.

Did you have a client lawyer fee agreement?

You have to prove that your lawyer was negligent,...
Read more »

Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2022

You frustration is perfectly understandable. Your attorney may be frustrated also. Unfortunately, this sort of thing happens in cases all the time. You might want to discuss with your lawyer giving the opposing side a deadline to complete or otherwise there is no settlement.

View More Answers

1 Answer | Asked in Legal Malpractice for California on
Q: Is it legal for attorneys to take large amounts of cash for payment?

My attorney and the firm we hired requested a payment for the retainer be paid in cash which was 25k and they sent some one up from southern california to pick up the money then came back months later to collect an additional 12.5k in cash and same person to run the money.

Joel Gary Selik
Joel Gary Selik
answered on Jun 13, 2022

While this is unusual, and potentially suspicious, there is nothing illegal about it or unethical

1 Answer | Asked in Legal Malpractice for California on
Q: Can Search Warrant Requests be filed on an Attorney and Doctor if you have legal malpractice arbitration on Attorney?

Legal malpractice case was forced into Compelled Binding Arbitration with a forged (backdated) agreement presented to Court with Declarations of factuality. Same Attorney, of own volition, attempted to hide clients pre-existing conditions in UC - removing pages of Doctors Office Intake Form and... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 10, 2022

It would be a Request for Production or Subpoena, but yes, you can seek the records.

Q: Case tossed from Supreme Court January 6, 2021. Dignity and Respect EEOC filed 12-21-1987. When is an agency liable…?
Neil Pedersen
Neil Pedersen
answered on Jun 1, 2022

I am sorry but your post is so short and bereft of any helpful detail that it is virtually impossible to provide you with a helpful answer. I would suggest re-posting with more information.

When you do, please state what kind of case was tossed from the Supreme Court, what you mean by...
Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for California on
Q: can a sherriff allow someone dismantle my truck cus they think it had stolen parts on it

i was arrested for 496(d) but a two year old case but at the same time they recovered a stolen truck that was dismatled the truck was exactly the same in make model and even the color as my own personal truck that was sitting right in front of it after i was in jail the police contacted the owner... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 29, 2022

it sounds like there is much more info a lawyer would need to know.

the person you should contact is the lawyer who represented you and has more info.

if you can find a lawyer, you can always go to small claims court where you can sue for up to $10k.

However, remember there...
Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: Labor board got judgmt 4 me. They didn’t record. Debtors sold home I was not paid no abstract. is this legal malpracti
Joel Gary Selik
Joel Gary Selik
answered on May 25, 2022

Unless there was something different than I have seen in prior actions of the labor board, no it is not malpractice as they took on no duty of representation. But, if the facts show otherwise it could be.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court...
Read more »

1 Answer | Asked in Health Care Law, Legal Malpractice, Personal Injury and Wrongful Death for California on
Q: To Whom It May Concern: I am a legal nurse consultant with extensive experience in Emergency and Trauma nursing care.

I review medical records, create chronologies and perform merit reviews with a strong clinical eye to help strengthen your case.

Please contact me!

Kerri Calloway, BSN, RN, CEN, TNCC

443-618-8722

Dale S. Gribow
Dale S. Gribow
answered on May 21, 2022

GOOD LUCK.............

1 Answer | Asked in Legal Malpractice for California on
Q: Have charged PI Atty with Breach/Negligence and now they're using Felony I admitted to on intake form against me

Is it possible to prevent the entire case getting skewed in the wrong direction of playing character reference games versus trying the actual matter? I was honest about having carried the $10,800 on a plane 10 years before and have graduated with 2 degrees since then. They've presented an... Read more »

Joel Gary Selik
Joel Gary Selik
answered on May 16, 2022

Bringing up issues like this is typical.

There are ways to exclude the evidence and this would probably not be admissible at trial.

But it not matter. Confronting the fact and dealing with it can strengthen your case in the hands of a good attorney.

1 Answer | Asked in Legal Malpractice for California on
Q: I did not have the funds to make a payment and the company kept running my account every day costing me 900. Legal?

I'm on a bi-weekly payment plan with a company. I was in the hospital and did not have funds in my account for the agreed date. The manager then kept running my card every day after which my bank kept and then declined as insufficient funds costing me hundreds. Is this legal for the company to... Read more »

Joel Gary Selik
Joel Gary Selik
answered on May 14, 2022

The key word is, if without authorization. If without authorization, they may not do so.

Look for an attorney who handles Fair Debt Collections Practices Act cases. please

1 Answer | Asked in Legal Malpractice for California on
Q: Are there any plaintiff legal malpractice (employment realm) lawyers in So Cal interested in taking on a case?

In some ways the case, though a bit of a niche, is comparably easy & less time consuming- overall.

Joel Gary Selik
Joel Gary Selik
answered on May 12, 2022

You should e-mail a legal malpractice attorney with the basic facts.

Joel Selik

2 Answers | Asked in Criminal Law, Identity Theft and Legal Malpractice for California on
Q: CAN AN ATTORNEY REALLY WORK ON A CASE WITHOUT EVER TALKING TO CLIENT ABOUT THE ALLEGATIONS OR DETAILS OF THE CASES?

I HAVE HAD 3 CONFLICT ATTORNEYS I WAS ARRESTED DEC OF 2021 NEXT COURT DATE IS PRELIM . ONLY CONVERSATION WAS ABOUT A DEAL FROM DA NEVER ABOUT ANY TYPE OF DEFENSE OR DETAILS. 3 FELONY CASES

John Karas
John Karas
answered on Apr 24, 2022

This is how the criminal "justice" system works. You get what you "pay" for.

FYI, Conflict Counsel in Riverside County only get paid a flat fee of $500 (unless the case goes to trial, then it's a measly $1,500). No reasonably competent criminal defense attorney...
Read more »

View More Answers

1 Answer | Asked in Legal Malpractice for California on
Q: Do I have a legal malpractice suit if my lawyer didn't appear at my first DUI hearing or submit my DMV paperwork?

The law office didn't submit my DMV paperwork for a restricted license or appear at the first court date. I was told there wasn't any need for me to appear but thankfully I did or I would have had a warrant. The law office did not call the court, clerk or me and I didn't hear... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 24, 2022

Yes, you might. Further facts would have to be evaluated.

One issue in many legal cases, is, does the amount you may recover, warrant the expense of bringing a lawsuit.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court or take other action or...
Read more »

1 Answer | Asked in Legal Malpractice and Products Liability for California on
Q: Do i have a legal malpractice case or a product liability cade?

I fell from a ladder at work, I believed the ladder to be defective due to the way it sprung and tipped over so easy. I hires an attorney and filed a comp claim. I was told by my attorney not to worry about the ladder right now lets focus on the comp case. I need neck surgery which I still have not... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

It certainly sounds like you may have a malpractice case against your former attorney for blowing the product liability

statute of limitations, but if the statute has run on the defective ladder case you will not be able to sue the manufacturer/distributor/retailer for the defect.

1 Answer | Asked in Legal Malpractice for California on
Q: How can I get my file from the attorney I fired last week?

After catching him in one more of many lies, I got fed up with his indifference to the 2 cases I hired him for and fired him. I have been requesting my file from him since then with no acknowledgement or response. Unfortunately, due to unforseen circumstances, I had to move to a different state so... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 30, 2022

If he missed time limitations you may have good legal malpractice cases. Speak with a Certified Legal Malpractice Specialist.

To get your file, if you get a new attorney, he or she will get the new file for you.

No, the attorney may not withhold the file from you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.