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California Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice and Criminal Law for California on
Q: In California, is it legal to take coins out of public fountains?

It's technically picking up dropped change, isn't it? (i.e. taking coins from the fountains in malls, shopping squares, or parks)

Tim Akpinar
Tim Akpinar answered on Nov 2, 2019

No, you don't want to do that. A court would not treat it as picking up dropped change off the ground. Whether in California or any other state, that money is not free for the taking. Your post remains open for five weeks, but a criminal defense attorney could advise you more meaningfully on the... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: Ineffective assistance of councel How to sue PD office. How to file motion to dismiss. Sue the planiff for perjury

Filing false police report.

I've been denied my civils by the PD at least 30 times. How to fix this? They are just extorting me and flipping me the bird. I've paid over a $1200. Court fees. Had been harassed by the sheriff's. Had 11 cases going on in 2018. Took me to jail 2 or 3 x. I never... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 17, 2019

more info needed.

I would write out in detail the issues you have and ask the judge if they would appoint a court-appointed lawyer for you........not in the PD's ofc.............your PD might even help you with that as I assume they want to conclude their representation.

few lawyers...
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2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for California on
Q: All jurors awaiting in the front of courtroom. District Attorneys witnesses were there as well. Witnesses kept making

Loud negative insulting statements about the case, the DA was there during these outbursts then she went inside court while these comments intimidated anyone in their presents others (witnesse's friend) came to speak to these witnesses about the case also.

Dale S. Gribow
Dale S. Gribow answered on Oct 16, 2019

more info needed

discuss this with your lawyer who has all the facts.........it may be grounds for a Mistrial?

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3 Answers | Asked in Legal Malpractice for California on
Q: Is my lawyer double dipping ?

Case was settled , per our agreement lawyer took 40% however prior to having the accident , i had a supplemental insurance that i paid into for years in case bills werent covered due to an accident. Lawyer is now demanding 40% from my supplemental and 40% from the settlement. The check was put in... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 11, 2019

more info needed.

sometimes a lawyer gets more than the client.

did retainer say 40% of any money recovered?

i don't do that but some lawyers are piggish.

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3 Answers | Asked in Legal Malpractice for California on
Q: I helped a friend with his auto accident claim.

I am a retired claims adjuster. My friend lost his wife in an auto accident. I went with him to an attorney and while the attorney was deciding whether to take the case my friend asked me to help and write a settlement demand, which I did and he signed, which was accepted. The claim settled over a... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Oct 5, 2019

it very well could be but the facts will determine. this time hire an attorney to discuss this with you.

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1 Answer | Asked in Legal Malpractice for California on
Q: My situation is completely similiar almost exactly the same. I have to serve them papers but who do i serve legally
William John Light
William John Light answered on Sep 30, 2019

Similar or exactly the same to what?

2 Answers | Asked in Civil Rights and Legal Malpractice for California on
Q: What is the best path when a city enters you home using force, then lies to court.
Gary Kollin
Gary Kollin answered on Sep 27, 2019

Fight it first in criminal case

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1 Answer | Asked in Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: My last court appearance was in front of a judge who has an inactive license. Who should I notify?

The case was switched to a new courtroom with this judge presiding the day before my court date.

Louis George Fazzi
Louis George Fazzi answered on Sep 27, 2019

Judges, who are appointed to the bench, do not need an active license to practice law because when they take the bench they are not acting as a lawyer at all, but as a judge.

It is none of your business as a party before the court who or what the judge is or may be. However, every party has...
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1 Answer | Asked in Legal Malpractice for California on
Q: How would you cite this case?

Janjua v. Neufeld, No. 17-16558 (9th Cir. 2019)

I can’t find case law on it since it’s fairly new, but how would I cite it? Can’t find too much info on it

William John Light
William John Light answered on Sep 12, 2019

It depends on the court in which your case is filed, but you can find the general style rules here guides.library.lls.edu/c.php?g=497703&p=3407469. Check your court for specific citation rules.

I'm not certain that Janjua has an official Cal.Rptr. citation yet, so you might just have to...
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3 Answers | Asked in Contracts and Legal Malpractice for California on
Q: Who do I sue?

If a law firm employee has admitted in court to forging my signature on a fee agreement of terms that were 4 times higher than what I agreed to in the actual fee agreement....do I sue the employee or the attorney?

The court did order all fees (over $30k be refunded to me) but that still... Read more »

William John Light
William John Light answered on Sep 11, 2019

If a law firm forged your signature, then a complaint to the State Bar is warranted. It is possible that the law firm is responsible for your damages, i.e., what you lost as a direct result of the fraud. That would include the principal, interest, and potentially emotional distress. It does not... Read more »

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1 Answer | Asked in Legal Malpractice for California on
Q: Is it legal to charge pet fee rent over 50 dollars and not the neighbor
William John Light
William John Light answered on Sep 3, 2019

Depends on what your lease says and why the pet rent was added to yours and not to the neighbors.

1 Answer | Asked in Legal Malpractice for California on
Q: Can a supervisor lie to another business about my work/work ethic to make me not get the new job?

I’ve been advised that the supervisor lied about my work/work ethic to keep me from getting the job and is also doing that or similar things to prevent others from leaving their jobs to go else where and told others he’d sandbag the ones trying to leave.

William John Light
William John Light answered on Aug 26, 2019

Slander requires a false statement of fact. Statements about work ethic sound like an opinion, e.g., "he is a hard worker", or "he is lazy". People are free to form and express opinions.

To answer your question, former employers cannot lie about facts without incurring liability for...
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1 Answer | Asked in Legal Malpractice for California on
Q: Who do i contact to report a process server that commits perjury
William John Light
William John Light answered on Aug 18, 2019

You can contest service in the action filed against you. That doesn't usually get you anywhere. The other party just serves you again, and you are back in the lawsuit.

1 Answer | Asked in Legal Malpractice for California on
Q: What crimes are being commited when a case is in motion before a defendant answered to the complaint .
William John Light
William John Light answered on Aug 18, 2019

This doesn't make any sense. Post the facts of what happened, or call an attorney to discuss in detail.

2 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Personal Injury for California on
Q: to file a dental malpractice suit...the defendant must have a licence to practice dentistry to qualify as malpractice?

a man never licenced in dentistry ran a office, advertised cheap oral surgery, emergency oral care. i paid this man to fix a failing tooth and he says u will look like a movie star he ends up pulling most of my back teeth ground down frontal and glued huge fake teeth over the stubs....he kept... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 9, 2019

more info needed.

are you just looking to be compensated? if so be sure to ask the DA to make restitution a part of the sentence.

you can probably still sue for negligence, battery, intentional infliction of emotional distress etc

is it within 3 years of the incident.????

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1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: DA says dont know what happend but we lost your case ? victim of violent crime sue for failure due process on DA?

dept of consumer affairs and Board of dentistry investigated an man for unlicensed unauth. practice of dentistry since they only enforce Licencees they turned it over to San mateos DA office for criminal prosecution...... they had enough evidence, expert testimony, victim, text messages and ect.... Read more »

William John Light
William John Light answered on Jul 29, 2019

The Dept of Consumer Affairs and Board of Dentistry have no obligation to refer a case for criminal prosecution or to advise you of the statute of limitations for a civil case. Speak to some attorneys about your case to confirm that the statute of limitations has, n fact, run.

1 Answer | Asked in Civil Rights, Criminal Law and Legal Malpractice for California on
Q: do you think I would have a good case to sue the police for false arrest and get the 2500 I had to pay to bail out?

So to go more into detail the reason I was pulled over was because when I bought the car it came with new plates witch I when they tried to run them nothing was coming up so that’s the reason they had to pull me over but that’s not why they had got behind me in the first place because when I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 23, 2019

more info needed.

i doubt if you would recover............especiallly if the police were acting on a citizen's report of something that was wrong.

i doubt if the case has enough value for a lawyer to accept on a contingency. If that's the case you would be stuck paying a lawyer on...
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2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: Attorney on probation with BAR and screwing up to say the least. What are the responsibilities of the Court to protect?

Need a Malpractice Lawyer?

Kenneth Sisco
Kenneth Sisco answered on Jul 9, 2019

Almost none. Your first line of defense is you. Find another attorney, and have him help you decide if the matter is ripe for a malpractice suit.

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1 Answer | Asked in Legal Malpractice for California on
Q: I live in California. Question re SOL deadline

If I missed filing a Malpractice complaint against my former attorney by one day (ie. SOL expired on a Monday and today is Tuesday) would you still file the complaint and hope for the best? Does the SOL for Malpractice action against an Attorney expire 1 year after the Attorney's last day of... Read more »

Kenneth Sisco
Kenneth Sisco answered on Jun 11, 2019

The answer to the question, "When does the statute of limitation expire?" is a fairly easy one, although there could be questions about that too. Generally, it depends on what date it began to run; there are many complications as to that question. Typically, as in almost all cases, the SOL begins... Read more »

3 Answers | Asked in Legal Malpractice for California on
Q: If you have not received your settlement in 70 days or real news in the status of the settlement? more details below

Mediation is over and If you have not received your settlement in 70 days or real news in the status of the settlement? What should I ask if my lawyer for proof his working on it or has the money already something on paper? I already ask what is the status of my settlement in a letter the... Read more »

William John Light
William John Light answered on Jun 11, 2019

You are entitled to be updated and know the status of your case. However, it is not unusual for settlements to take weeks, or months to complete.

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