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California Legal Malpractice Questions & Answers
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....
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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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2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: What is the Civil Filing Rejection Letter mean?

Received a letter from court. We already paid deposit in the early of June and did not receive any response from court clerk :no estimation of fee, no any response. When I asked court clerk last week, I was told the fee should be paid by e-filing only. The court issue a CIvil Filing Rjection... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 22, 2020

Your situation is being affected by the corona virus interference with the court's operations. Here's what you can do. Go to the Superior Court's website for the county in which your matter is filed. On the main page, there should be announcements about the effect of the covid-19... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Legal Malpractice and Real Estate Law for California on
Q: Can a paralegal sign a Proof of Service for someone else that served responses to the opposition and file them in court?

A Paralegal used her husband to serve legal documents to the opposing counsel days before a court appearance. Not an employee of the firm. Responses to motions were served to opposing counsel during after hours. The building was closed and according to the husband on the proof of service, he stated... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 20, 2020

A proof of service is signed under penalty of perjury, it must be signed by the person doing the actual service. Other than that there is no other requirement of status, like being an employee of a firm or paralegal service. If I were hearing this case I would postpone the hearing so the attorney... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: I want sue my lawyer for malpractice

I paid a lawyer to get divorced and he sent my forms wrong and was rejected 3 to 4 times

William John Light
William John Light answered on Jul 19, 2020

A successful lawsuit requires that you have been harmed. I assume that your divorce has been delayed. If that is the extent of your "harm" it would not be sufficient to justify a lawsuit, in my opinion.

2 Answers | Asked in Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If I'm not sober under the influence can I suspend bar for accident attorneys? Is my Justice evidence still available?

Where is a legal aid to assist me with this matter. To suspend these attorneys licences bar. Is my past criminal history still evidence proof still available?

Maurice Mandel II
Maurice Mandel II answered on Jul 17, 2020

Please contact the LA County Bar Association for information on Legal Aid in Los Angeles.

Justia disclaimers below, incorporated herein.

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2 Answers | Asked in Consumer Law, Contracts, Products Liability and Legal Malpractice for California on
Q: Can I sue the place I bought my car from for falsifying the amount I paid for my down-payment?

I recently purchased a vehicle from a Chevrolet dealership in San Diego, CA. I had horrible credit at the time and was only able to be approved with a large down-payment, which I was able to make happen. The amount on the paperwork does not even closely reflect the $12,000 I put down. What can be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 10, 2020

If you can prove that you put down $12,000.00 just let them know and seek an adjustment to the documents. If they refuse to adjust, that's a problem for them. Good luck with it!

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1 Answer | Asked in Criminal Law, Federal Crimes, Appeals / Appellate Law and Legal Malpractice for California on
Q: I was found NOT guilty of F CA pc§273 by a jury. Just saw a letter from a CO admin saying I was in prison for F CA pc273

(says 1,000 characters? )

This case is a complete judicial hissy fit retaliation for an over zealous peremptory challenge & setting precedent in a unique law.

I have the Filed jury verdict form stating I was found Not guilty of felony pc273. The pc120x.(?) 90-day-op admin CO... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 4, 2020

more info needed.

i am confused with the facts.

you should write out a detailed summary of the facts and contact a local lawyer for a consultation, most are free.

OR better yet, contact the lawyer who represented you.

s/he will be able to explain what happened and have all the facts.

1 Answer | Asked in Legal Malpractice for California on
Q: Someone filed a legal separation in a state I moved from and wasn't me. What do I do

I found out recently that in 2001 someone acting as me filled for a legal separation in car. Oct 2001. I moved with my husband in Feb 2001. To Philadelphia

Maurice Mandel II
Maurice Mandel II answered on Jul 4, 2020

Usually Courts monitor the cases that have been filed and issue Orders to Show Cause re: Dismissal of cases that have become stale and not acted upon. A case normally would not languish for 9 years without the Court doing something to close it. You should research the Court records for the Court... Read more »

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