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California Legal Malpractice Questions & Answers
2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: What should I do in this situation?

My attorney who is fighting my personal injury/NIED/DISCRIMINATION/emotional distress claim emailed me yesterday stating he doesn’t wish to represent me any more, and he’s not seeking a lien. He sent me my case file and I reviewed it. He didn’t even make it to the discovery phase I don’t... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

I'm sorry to hear about your situation. If your attorney has withdrawn from your case and you no longer wish to hire a new attorney, you have the option to represent yourself in your personal injury/NIED/discrimination/emotional distress claim.

However, it's important to...
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2 Answers | Asked in Legal Malpractice and Wrongful Death for California on
Q: What legal action could be taken against an in home hospice agency?

My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.

Stage 4. 5 inches in diameter.

Completely avoidable.

William John Light
William John Light
answered on Mar 17, 2023

You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline

You can speak to an attorney who is familiar with medical malpractice and Elder...
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1 Answer | Asked in Arbitration / Mediation Law, Legal Malpractice and Medical Malpractice for California on
Q: What should i do?

I hired a medical negligence attorney for arbitration 2 years ago. its 2023 the mediation was for February /28/2023

I turnedC in all the documents medical bills ect. now the attorney is acting clueless. to the nest steps of the final judgement (quote) '' i don't know when... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

I'm sorry to hear about your situation. It sounds like you have concerns about your attorney's handling of your case and the status of your settlement.

If you feel that your attorney is being dishonest or not communicating effectively with you, you may want to consider taking...
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4 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: Is it possible to sue a attorney for not giving a valid reason why he chose to disengage the representation of a client

Today my attorney emailed me saying he chooses not to represent me in a personal injury type of situation. He hasn’t given me any reason of why he chose not to continue with my claim. He dragged my case on for eight months since the start of my claim and just left me. I don’t know what to do... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 15, 2023

It is not illegal for an attorney to remove themselves from a case without stating a reason. Why? Well... because one day an attorney did just that... they removed themselves from representation for a specific reason. Later another attorney found out that the reason given was wrong. So guess... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for California on
Q: How do I begin age discrimination on all those involved in a CHRO case that I lost by retaliation?
James L. Arrasmith
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answered on Mar 14, 2023

If you believe you have been the victim of age discrimination and/or retaliation in the workplace, you may want to consider seeking the advice of an employment lawyer who can advise you on your rights and options. You may also be able to file a complaint with the appropriate government agency, such... Read more »

3 Answers | Asked in DUI / DWI and Legal Malpractice for California on
Q: Would it be legal for a DUI attorney to also own and operate an Interlock Rental business?

Dui attorney who also owns and operates an Interlock ignition rental business. Conflict of interest?

James L. Arrasmith
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answered on Mar 10, 2023

In California, an attorney is prohibited from engaging in business transactions with a client unless certain requirements are met. Specifically, California Rules of Professional Conduct Rule 3-300 states that an attorney shall not enter into a business transaction with a client unless:

The...
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1 Answer | Asked in Legal Malpractice for California on
Q: I live in Vacaville CALIFORNIA and the firm I have issues is in Pennsylvania. Where can I get Legal Malpractice help?

The firm have no idea what happened with my file or case. I need to find a lawyer for help with this unfair treatment of my personal information and case information.

James L. Arrasmith
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answered on Mar 1, 2023

If you live in Vacaville, California, and you are seeking legal malpractice help for a firm located in Pennsylvania, you may want to consider contacting a legal malpractice attorney in Pennsylvania who is licensed to practice law in that state.

You can search for legal malpractice attorneys...
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1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: Contingency atty deducting costs from my award, but he is keeping costs awarded by the arbitrator too? Is this legal? CA

I was awarded 130k, the agreement says he gets 40% plus costs (costs = $60k~). The arbitrator awarded them $500k in atty fees and awarded costs. But he still deducted costs from my portion of the award. How is the right way to split up the award? Can he charge me costs and simultaneously keep... Read more »

James L. Arrasmith
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answered on Feb 26, 2023

The way costs are divided between the attorney and the client depends on the terms of the contingency fee agreement. In most contingency fee agreements, the attorney agrees to pay the costs of the litigation and deducts those costs from the client's recovery. However, the agreement should be... Read more »

1 Answer | Asked in Adoption, Child Custody, Family Law and Legal Malpractice for California on
Q: Is it legal for a court commissioner to terminate your parental rights in Fresno california

And at the court date the court was on video and the screen on my side was black so all there was were audio and I don't know who I was talking to at all just they say it was a judge on the audio but on the court paper i received it say a court commissioner

James L. Arrasmith
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answered on Feb 25, 2023

In California, court commissioners are authorized to hear certain types of cases, including some types of family law cases, under certain conditions. However, they do not have the authority to terminate parental rights in any case, except with the express written consent of all parties involved.... Read more »

1 Answer | Asked in Landlord - Tenant, Legal Malpractice and Libel & Slander for California on
Q: My landlord's attorney has been harassing me with 100+ texts in 6hrs to keep me from getting councel, what can I do?

My partner and i have been severely harassed by our LL for months now. We've had our respective units broken into multiple times (video evidence of this), his employee banging on the walls and windows which I have audio recording of, his agent broke our bathroom window in Oct it has yet to be... Read more »

James L. Arrasmith
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answered on Feb 20, 2023

I'm sorry to hear about the situation you're facing. If you feel like you are being harassed by your landlord's attorney, you may want to consider reaching out to a local attorney who specializes in landlord-tenant law. They can review your case and provide guidance on your legal... Read more »

1 Answer | Asked in Legal Malpractice and Trademark for California on
Q: Do I need to register my virtual law firm?

I am licensed in Georgia but I will be using my "law firm" solely to file trademark applications for clients. Do I need to register my law firm (LLC, PC, etc.) or can I operate as is?

James L. Arrasmith
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answered on Feb 20, 2023

If you are not physically located in California and do not maintain a physical presence in California, you may not need to register your virtual law firm with the California State Bar or comply with California's registration and disclosure requirements for law firms. However, if you intend to... Read more »

1 Answer | Asked in Family Law and Legal Malpractice for California on
Q: I’ve been mistreated by a family law attorney, I need a attorney to help with that in San Joaquin county. What do I do?
James L. Arrasmith
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answered on Feb 20, 2023

If you feel that you have been mistreated by a family law attorney in San Joaquin County, California, there are a few steps you can take:

Contact the California State Bar: The California State Bar investigates complaints of attorney misconduct, including allegations of unethical behavior....
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1 Answer | Asked in Legal Malpractice for California on
Q: looking for a malpractice lawyer,

1. kaiser permanently Fontana CA, performed surgery in April- 2015 to remove a piece of intestine, two days later I was really sick at home and when back to Kaiser Permanente Ontario CA and they performed an emergency surgery because the intestine got open, and my stomach was cut 12 inches they... Read more »

James L. Arrasmith
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answered on Feb 20, 2023

I'm sorry to hear about your experience with the surgeries and complications you have faced. It sounds like you may have a potential medical malpractice claim.

To find a malpractice lawyer in California, you can start by searching online for attorneys in your area who specialize in...
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1 Answer | Asked in Legal Malpractice for California on
Q: How to find a legal malpractice lawyer in CA?

In 2022, in a Civil fraud cross-complaint, a final Judgment of treble damages was awarded against me. Among other substantial errors, following the date of the Statement of Decision (requested by OC), 30 DAYS LATER, my Civil atty filed our Opposition and Objection to the SOD and Proposed Judgment.... Read more »

James L. Arrasmith
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answered on Feb 20, 2023

To find a legal malpractice lawyer in California, you can start by conducting an online search for attorneys who specialize in legal malpractice cases in California. You can also check with the California State Bar Association, which provides a lawyer referral service to help connect you with an... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: Can a law firm lose your file and have no knowledge of what happened with your case?

The law firm who was responsible for my product liability case after 6yrs tell me the don't know what happened to my file or about my case. I live in California and the case was to handle in Texas. This started in 2016

James L. Arrasmith
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answered on Feb 20, 2023

If a law firm loses a client's file and has no knowledge of what happened to their case, it can be a breach of their professional duty and may result in legal consequences. Lawyers are required to keep records of their clients' cases, and a failure to do so may be considered malpractice.... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Legal Malpractice for California on
Q: How to appeal a judgement made against me because no show on my par due to the lawyer I hired never filed sub of attorne

I hired an attorney that never filed a substitution of attorney to the courts, therefore the opposing counsel had the judge side with them which has no led to me being evicted from a home and NOT by the lender. The attorney I hired never addressed any of these court dates or notices by my ex... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

If you believe that your attorney was negligent in representing you and that their failure to file a substitution of attorney led to a judgment against you, you may be able to appeal the judgment. However, the specific steps for filing an appeal will depend on the rules and procedures of the court... Read more »

2 Answers | Asked in Legal Malpractice for California on
Q: Can a law firm lose your file and have no knowledge of what happened with your case?

The law firm who was responsible for my product liability case after 6yrs tell me the don't know what happened to my or about my case. I live in California and the case was to handle in Texas.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 20, 2023

If a law firm loses a client's file and has no knowledge of what happened to their case, it can be a breach of their professional duty and may result in legal consequences. Lawyers are required to keep records of their clients' cases, and a failure to do so may be considered malpractice.... Read more »

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2 Answers | Asked in Legal Malpractice and Estate Planning for California on
Q: Trust attorney drafted wrong type of trust for my dad. Is that legal malpractice?

I have gotten a court deposition that he admitted to not creating the right trust. The trust created was power of appointment and he asked for restricted A/B with my stepmom.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

If the trust attorney was negligent in drafting the wrong type of trust for your dad, it may be considered legal malpractice. Legal malpractice occurs when an attorney fails to provide competent legal services to a client, and the client suffers harm as a result.

To determine whether the...
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2 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: multi injury from fall at work back and neck denied by w/c but QME adds them as industrial after settlement w/o consent

fall at work tore radial nerve out of my right bicep mussel lost all function of my right dominant hand fingers thumb wrist and my neck and back were denied by worker comp ins QME adds to industrial claim and worker comp ins adds as new and further when there from same industrial fall at work like... Read more »

John Karas
John Karas
answered on Jan 25, 2023

Your lengthy description of events really isn't an Insurance Bad Faith matter. You MAY have an malpractice case against your attorney regarding settling/dismissing some of your claims without your consent.

I suggest consulting with attorneys in your area who handle attorney...
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2 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: How protected are sealed criminal record's

Hi, here recently a rather well known person (who is not a judge or in any way related to the legal sphere of work) publicly showed a person's sealed criminal record. How on earth is that possible, and is doing something like that illegal?

Louis George Fazzi
Louis George Fazzi
answered on Jan 8, 2023

You have posted this question in the forum for California lawyers. You need to re-post this in the message board for lawyers in Washington state.

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