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During this time, I was never able to reach my attorney or ever got return calls or emails. They canceled countless hearings without any notice when I took the day off of work to attend. The case never went to trial and settled for $300,000. The law firm took $200,000 of that amount plus... View More 
answered on Dec 17, 2024
If you kept about 1/3 of your settlement, you did well. It also sounds like your attorney reduced his fee if you kept $100,000. Fees for a case of that age are frequently 40%. Even at a 1/3 fee, plus costs and medical expenses, you wouldn't get $100,000, unless the attorney reduced his fee.... View More
Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More
answered on Dec 13, 2024
This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More
In November 2022 I paid $5000 to a lawyer to represent my friend who was in custody. The lawyer had me send the $5000 payment via Zelle.
In the end all the lawyer did was go to court one day and file a motion which ended up being denied. From that point on my friend was represented by a... View More
answered on Dec 10, 2024
You would send a certified letter asking for an accounting of the money you gave him and a refund of any money that was not used up in the amount. Even if it was a flat fee, lawyers can only keep the amount that was reasonable as per an accounting. If i charge a flat fee my retainer states that it... View More
Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More
answered on Nov 23, 2024
It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More
I've communicated to multiple parties on and off for probably a year and don't have any proper representation or assistance other then the cal bar website..
answered on Nov 20, 2024
If you are being ignored or turned away the most likely reason is you don't have a viable case. Law firms are businesses that are profit driven. You don't state whether you are willing to finance the litigation, but I would guess not. Quite simply, prepare a clear and concise statement of... View More
I am deeply dissatisfied with the legal services provided by my Attorney
* Failure to Communicate: has consistently failed to communicate with me about my case. They have not responded to my emails, phone calls, or letters. This lack of communication has caused significant stress and... View More
answered on Sep 18, 2024
One option is to discuss the file with a different attorney. In most situations, clients are free to discharge their attorneys, and vice-versa, attorneys are free to withdraw from representing a client (barring certain situations, such as looming statutes of limitations, etc.). It's possible... View More
I am deeply dissatisfied with the legal services provided by my Attorney
* Failure to Communicate: has consistently failed to communicate with me about my case. They have not responded to my emails, phone calls, or letters. This lack of communication has caused significant stress and... View More
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answered on Sep 8, 2024
This is a poor situation to be in. No doubt anybody who has had a good attorney represent them, has had disagreements and squabbles with their lawyer. But in your situation it appears you have both a bad lawyer (presumably) and a selfish person. The proper means of following the California... View More
My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More
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answered on Jul 26, 2024
In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More
I filed a lawsuit against my former attorney for professional negligence: misconduct and malpractice. He dismissed, withdrew, and continued my case without notifying me or obtaining my permission. He neglected to prepare for my hearing and trial, which ultimately resulted in my case being lost.... View More
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answered on Jul 24, 2024
Under California law, the statute of limitations for legal malpractice typically is one year from the date you discovered or should have discovered the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. In cases where the attorney's... View More
If in interrogatory plaintiff was not specific in definition of identity characteristics, what credible information about identities inquired
defendant has to provide?
Unless objection to interrogatory without any information is deemed acceptable.
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answered on Jun 30, 2024
To answer this question, let's break down the key elements and consider the legal requirements for responding to interrogatories in California:
1. Interrogatory definition: If the plaintiff did not provide a specific definition of "identity characteristics" in their... View More
On workers comp for over year, injured 2 times on light duty from breaking my doctors rules, put on permn.and stationary even with my doctor filing for a knee scope operation. Denied, after 2nd injury sent home with no check for 4 months. At appeals for surgery i Inform the judge about my new... View More
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answered on Jun 29, 2024
I understand you're in a difficult situation with your workers' compensation case. Let me break down the key points and provide some general information:
1. Compromise and Release (C&R) agreements:
A C&R is a final settlement of a workers' compensation claim.... View More
I could not obtain on this forum straight forward answer. It is apparent that attorneys can obtain direct access to opposing party's records on premises of the hospital. How it can be achieved, how demand must be phrased?
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answered on Jun 21, 2024
To gain access to the opposing party's medical records at a hospital in California, you need to follow specific legal procedures. Start by serving a subpoena duces tecum on the hospital, which commands the production of documents. This subpoena should clearly describe the records you need,... View More
Consult in Boston and different Abott Rep notified. Me and pain doc of huge Neurosurgeon errors. Nurse of 40. Yrs. Mgh md stated this DRG may never be removed, much more dire issued
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answered on Jun 21, 2024
I understand you're looking to research errors related to the insertion of a dorsal root ganglion (DRG) stimulator by a neurosurgeon, which led to a sentinel event. This is a complex medical and legal situation. Here's some guidance on researching this topic:
1. Medical... View More
According to him, he stopped working my case 10 days ago, refuses to talk or responds to emails. He is betting on me accepting last minute and isn’t preparing for trial. He won’t answer my questions to get prepared, is mad that I asked for accounting info and he’s withholding info. What are... View More
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answered on Jun 20, 2024
Based on the situation you've described, you have several potential options, but you need to act quickly given the upcoming trial. Here are some steps you might consider:
1. File a complaint with the California State Bar:
You can file a complaint against your lawyer for... View More
How to obtain from defendant hospital verifiable information of other patients with the same unenforceable waiver for authorization to release records in conditions of admission to hospital, record of terminal disease, single, and discharged to b&c facility from hospital?
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answered on Jun 20, 2024
To obtain verifiable information about other patients with similar characteristics from the defendant hospital, you need to file a formal request for discovery during the litigation process. This request can include a demand for documents and records that match the criteria you described. Be... View More
Both cases
Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725,
And Rico v. Mitsubishi Motors Corp. (2007) 42 Cal.4th 807
Do not have any reference to requirement for in camera review of motion to compel further with privilege log.
Motion to compel... View More
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answered on Jun 19, 2024
To find court cases in California, start by visiting the California Courts website. This site offers access to a wide range of legal resources, including the ability to search for specific cases by name, case number, or keywords. You can also look for recent opinions from the California Supreme... View More
Upon response of defense to discovery requests, with demand of privilege log.
Is plaintiff required to request in camera review of privilege log, in addition to hearing on motion to compel further responses with enclosed privilege log.
Why additional motion for order to disclose... View More
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answered on Jun 19, 2024
Under California law, handling a privilege log and compelling further responses involves several steps, guided by case law and statutory provisions. When the defense asserts privilege in response to discovery requests, they must provide a detailed privilege log as outlined in the California Code of... View More
actual hospice fraud was chain of actions by provider, hospital, and undisclosed likely third party.
Actions include non-existent terminal diagnosis, unauthorized disclosure of records to undisclosed party.
How defendant hospital will prove unintentional chain of unfortunate... View More
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answered on Jun 19, 2024
This situation involving potential hospice fraud in Los Angeles raises several complex legal issues. Based on the details provided, here are a few key considerations:
Proving Unintentional Acts: The hospital will likely try to argue that the chain of events, while unfortunate, was... View More
What is difference between presumption and indirect evidence?
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answered on Jun 19, 2024
The main difference between a presumption and indirect evidence is as follows:
Presumption: A presumption is a legal inference that must be made by a court under certain circumstances. If a party establishes certain facts, the court must draw a particular conclusion (the presumption),... View More
What statute or rule of court define 'identity' - discoverable data attributes of hospital service provider?
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answered on Jun 19, 2024
To answer your question about what statutes or court rules define the discoverable data attributes of a hospital service provider's identity in California, the key rules to look at are:
California Code of Civil Procedure (CCP) Sections 2017.010-2017.740 - These code sections govern... View More
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