Get free answers to your Legal Malpractice legal questions from lawyers in your area.
I am considering firing my attorney due to concerns about the security of my digital files and potential breaches of confidentiality regarding estate planning documents that are my property. I have drafted a communication emphasizing that my documents should not be retained and any personal data... View More 
answered on Apr 24, 2025
You have a right to expect reasonable precautions to be taken to protect your data/information/privacy, including for the attorneys to safeguard documents from third parties and maintain confidentiality. But only standard and reasonable precautions should be expected. But, as you have told them... View More
I am considering firing my attorney due to concerns about the security of my digital files and potential breaches of confidentiality regarding estate planning documents that are my property. I have drafted a communication emphasizing that my documents should not be retained and any personal data... View More
answered on Apr 24, 2025
I suggest being firm, but not too nasty even if you may fire your lawyer. Here's why: If you fire your lawyer and try to hire another law firm, the new law firm will ask what happened to the first lawyer you hired. If the new firm thinks you are litigious (someone who sues a lot of people),... View More
answered on Apr 17, 2025
In California, a Marsden motion allows you to request the replacement of your court-appointed counsel if you can demonstrate inadequate representation or an irreconcilable conflict that undermines effective representation (People v. Armijo, 10 Cal. App. 5th 1171; People v. Johnson, 6 Cal. 5th 541).... View More
I am considering filing an ethics complaint against a lawyer with the California State Bar Association. I have no prior agreements or contracts with this lawyer and I haven't filed the complaint yet. Can this lawyer sue me for filing the complaint?
answered on Apr 13, 2025
This may or may not be applicable.
6043.5. (a) Every person who reports to the State Bar or causes a complaint to be filed with the State Bar that an attorney has engaged in professional misconduct, knowing the report or complaint to be false and malicious, is guilty of a misdemeanor.
Can my friend file a legal malpractice claim against an attorney who provided him with over 2,500 AI-generated responses regarding hospice fraud, resulting in the loss of his lawsuit? My friend relied solely on these AI-generated responses from this specific attorney to his anonymous posts on... View More
answered on Apr 12, 2025
Unlikely. Responding to a question on Justia does not form an attorney client relationship. Responding to a large number of questions on Justia from the same poster on the same topic might, I suppose. You would then have to prove that the responses were wrong, and were below the standard of... View More
I asked my Public Defender not to continue my trial, but she continued it anyway. She wants her investigator to interview my sister because she overheard me telling my mother during a phone call that I had been drinking and would have someone else drive. The trial was supposed to start today after... View More
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answered on Apr 10, 2025
It sounds like your public defender needs more time to prepare for trial (by having an investigator interview your sister). Your attorney can request a continuance over your objection, and the court can grant that request over your objection. The court will take into consideration your right to a... View More
I asked my Public Defender not to continue my trial, but she continued it anyway. She wants her investigator to interview my sister because she overheard me telling my mother during a phone call that I had been drinking and would have someone else drive. The trial was supposed to start today after... View More
answered on Apr 10, 2025
From what you’ve described, your public defender requested the continuance to allow an investigator to interview your sister, who may have overheard a conversation relevant to your case. This suggests an effort to uncover evidence that could impact your defense, which courts typically view as a... View More
I recently dismissed my attorney from my Workmen's Compensation case by sending a Notice of Dismissal with a cover sheet and Proof of Service. I processed all paperwork downtown and mailed out notices to all parties two days ago. However, I haven't received any documentation indicating my... View More
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answered on Apr 8, 2025
Dear injured worker,
It appears that you properly processed the paperwork however you want to be sure that it is processed through the WCAB as well. Also available to you at the WCAB is the Information and Assistance officer who is skilled in assisting individuals who are self represented.... View More
I want to file a malpractice lawsuit against my previous attorney, whom I haven't officially released from liability. He has a significant position on the State board referral service, which has made finding representation difficult. Despite contacting over 50 attorneys, I'm continually... View More
answered on Apr 7, 2025
Thank you for your posting. I am sorry for what you have had to go through.
There are many reasons why attorneys will not take on cases. While it is true that if the legal malpractice attorney has a relationship with the attorney they will not take on a case, but legal malpractice... View More
I was unjustly dismissed after 18 years of employment and am permanently disabled due to a back injury. A group of lawyers allegedly falsified my signature to gain benefits for themselves. This fraud also involved real estate deception that left me homeless in San Luis Obispo, CA. I have... View More
answered on Apr 8, 2025
Starting with the alleged forgery of your signature by attorneys, California Penal Code Section 470 defines forgery as a serious offense, encompassing situations where a signature is obtained through fraud or misrepresentation, as noted in People v. Martinez (161 Cal. App. 4th 754). Your evidence... View More
I am a beneficiary of a revocable trust in California, and the original attorney handling it has passed away, with the trust documents now being managed by a bank. I am concerned about the potential for the trust officer at the bank to alter the distribution amounts fraudulently, such as reducing... View More
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answered on Apr 4, 2025
This seems to be a clarification of an earlier question. Your concern is understandable, especially without direct access to the trust document. Here’s what generally prevents a trust officer from fraudulently changing distribution amounts in a California revocable trust:
Legal and... View More
I was arrested because my DNA was found on an object related to three residential burglaries. I fought the charges from jail for six months until they were dismissed because my public records showed I was incarcerated when the crimes occurred. The detective should have checked this before arresting... View More
answered on Mar 26, 2025
You very well could be. In order to determine whether you are, you need to contact the best civil rights lawyer you can find. Make sure you have a complete chronology of all of the events of your situation, naming all witnesses and describing all documents you have. Describe all the damages you... View More
I signed a contingency fee contract with my lawyer at 33%, but I found out it may increase up to 80%, plus I'm responsible for all bills. They didn't inform me about these terms. I received a $1,000 loan with interest on my $2 million case, but the check was not valid. After attempting to... View More
answered on Mar 14, 2025
The fees are determined by the fee agreement. But the fees must not be unconscionable; what you describe may be unconscionable.
If you hire a new attorney, the former attorney will likely be entitled to a fee but it will be limited.
Consult with and hire another attorney before... View More
I have a personal injury case, and my attorney has had all the necessary information to complete a demand letter since December 10, 2024. Despite following up several times, including a follow-up 4 weeks ago, the demand letter has not yet been drafted. My attorney mentioned he is busy, and I have... View More
answered on Mar 12, 2025
It depends on the case. Demands letters can be complex, with full argument and evidentiary support for all material facts that support liability, full sets of medical records and billing, and support with comparable cases which have settled or gone to verdict. Without knowing what your attorney... View More
I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?
answered on Feb 24, 2025
You have only 20 days after a judge issues an order to appeal. You may appeal later based on fraud, but you have to hand back all the settlement payment . Then you have to show the judge that someone gave you falsehoods to obtain your signatures. If you knew there was a chance a report would rate... View More
I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?
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answered on Feb 25, 2025
Dear concerned injured worker,
It is difficult to overturn a settlement agreement but you may still have time to withdraw from your settlement. First and foremost is to immediately notify your attorney and secondarily seek advice from the Information and Assistance office at your local... View More
I believe I may have a case for malpractice against my attorney. In my personal injury car accident case, I verbally informed the paralegal via phone that I had stopped receiving treatment. However, this information was not relayed to my attorney, and several months went by before I checked with... View More
answered on Feb 19, 2025
Failures in communication can lead to a legal malpractice case.
In this situation, you indicated that you were done treating. Since you were done treating it, the only harm from any lack of communication was delaying the settlement.
I hired a new lawyer just 24 hours before my first court appearance for an eviction case. During this appearance, the judge confirmed my jury trial request and granted my lawyer 30 days to prepare, despite the landlord's objections. I assumed that the absence of a Proof of Service of Summons... View More
answered on Feb 19, 2025
You appeared at the hearing. That is a general appearance, and absence of Proof of Service of the Summons is not in issue. If you think that picking at every minor detail is how attorneys present a case, or a defense, you are going to be very disappointed.
I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have... View More
answered on Feb 14, 2025
What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney... View More
As the title - How do I complain a lawyer to the State Bar? California. Not my attorney but the opposing party's.
answered on Feb 6, 2025
Once you’ve decided to take your grievance about an attorney to the State Bar, you then need to file an attorney complaint form through the State Bar of California website. Click on "Complaints and Claims" at the top of their webpage and you will be steered in the right direction.... View More
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