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California Legal Malpractice Questions & Answers
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 »

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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.

1 Answer | Asked in Legal Malpractice for California on
Q: Hello - I am suing a law firm, a lawyer and a para legal. Ina rquest for admissions, who do I say is answering?

Do I write up a separate request for each party?

Joel Gary Selik
Joel Gary Selik answered on Mar 23, 2022

It would benefit you to do separate requests to each defendant separately.

4 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for California on
Q: What course of action do I have against an attorney that I believe is guilty of negligence and misrepresentation?

I entered in to a contract that was prepared by an attorney for my step father. I was to be paid $30,000 out of escrow for the sale of my mothers home. I fulfilled my obligations for the contract. The home sold and I was told there was no money left due to a lien. I later found out from the title... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 11, 2022

CONTACT A LOCAL LEGAL MALPRACTICE LAWYER TO SEE IF THEY THINK THERE IS A CAUSE OF ACTION FOR NEGLIGENCE.

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1 Answer | Asked in Legal Malpractice for California on
Q: Is it a crime or a grievance for the state bar when an attorney who is divorcing hacks into wife's email account?

My ex husband is a licensed California Attorney. When we were litigating our divorce my attorney filed to be relieved as counsel because she could not "get ahold of" me. I felt our communications had been intercepted somehow. I was completely devoid of any tech know how then. At that... Read more »

Joel Gary Selik
Joel Gary Selik answered on Mar 6, 2022

Its is both.

The crime is reported to and prosecuted by the District Attorney.

The complaint is filed with the state bar.

4 Answers | Asked in Legal Malpractice and Medical Malpractice for California on
Q: is there a statue of limitations on medical malpractice.my father was dropped while in hospital,he walked in and now is

in a wheelchair and has no use of his legs;he has to have 24 hour care by mother who lost her job because she had to stay home with dad

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 25, 2022

Yes there is a statute of limitations for bringing a claim for medical malpractice. When did this happen?

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1 Answer | Asked in Contracts and Legal Malpractice for California on
Q: How can I get my money back from a lawyer that I paid pay off my credit cards. He has over $10,000.00 of mine in trust

It’s in a trust fund. I paid this lawyer off early. I signed agreement for 4 1/2 years. They would never settle my debt. I have sent letters email and faxed him. That I want stop his program but won’t give my money back. This has been paid in full for 21/2 year. I have even called him and says... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 20, 2022

Small Claims Court ... get a judgement ... then execute on the judgement ... Let me know if a free consultation would be helpbul

1 Answer | Asked in Legal Malpractice for California on
Q: After filing basic legal malpractice pro se paperwork & having the atty served, Judge set trial next year. How long--

How long do I have to file the long form paperwork? Or do I not have to YET? The atty made a comment about his needing a responsive pleading extension. This made me think he was going to file something then I would have an atty handle the rest, but I haven't heard or received anything. Now,... Read more »

Joel Gary Selik
Joel Gary Selik answered on Feb 11, 2022

It is very common for the defense to file a demurrer instead of an answer. It does not mean you screwed up. Even if you did, most mistakes can be fixed on amendment.

1 Answer | Asked in Legal Malpractice for California on
Q: How does one disbar an incompetent judge?

This judge may have dementia.

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

In California there is a governmental agency dad overseas judges and discipline the judges.

https://cjp.ca.gov/

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

2 Answers | Asked in Federal Crimes, Legal Malpractice and Probate for California on
Q: An Attorney falsified his billing to cover up trust documents in my favor. Where should I file a complaint?
Joel Gary Selik
Joel Gary Selik answered on Jan 15, 2022

In California, complaints are made to the State Bar here: https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint

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1 Answer | Asked in Legal Malpractice for California on
Q: 3 months into a case a lawyer asked for a second incident date we never stated, said can’t proceed without!

In lawsuit draft lawyer states dates that have nothing to do with our case, stated use of wheelchair when we stated use of walker! Politely asked false info be removed and then once again asked for 2nd date that does not exist which we refused to furnish!

Joel Gary Selik
Joel Gary Selik answered on Jan 8, 2022

Mistakes of facts in lawsuits may not matter at all and it may not be worth amending the complaint.

If there were not two incidents, but the lawyer thinks there is, this could be a sign of miscommunication. Ask the lawyer to discuss the case.

2 Answers | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: I'm trying to figure out If I have a malpractice case. I am 98 lbs still losing from bariatric surgery 2018.

I got the surgery in 2018 everything was fine until I hit 120 lbs and I wouldn't stop losing. I have gotten very weak and so much pain all over my body. I sprained my ankle just walking. I have tried to get help from everywhere and seems they are just letting me die. I haven't been... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 5, 2022

more info is needed and should be shared with the med mal lawyer that you should call in your area.

there are possible statute of limitations issues..........so don't sit on your rights...or you lose them.

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