Get free answers to your Legal Malpractice legal questions from lawyers in your area.
I gave my counsel 2 completion certificates and a years worth of negative drug tests 7 months. He did jot submit them to the court til 30 days ago. I reached out to him on many occasions requesting the documents but he never returned my calls. Now I go to court tomorrow and they ate wanting to... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2024
This situation raises serious concerns about potential legal malpractice or ineffective assistance of counsel. Here's an analysis of your situation:
1. Duty of Care: Court-appointed counsel has a duty to provide competent representation, which includes timely submission of relevant... View More
I fired my attorney when I discovered that he was unauthorized to practice law in California. As I started representing myself, I learned from email exchanges between my attorney and the OC that the OC knew that my attorney was UBL. Was the OC under obligation to inform the court about my... View More
answered on Jul 3, 2024
I don't believe the OC had an obligation to inform the court about your attorney's lack of license to practice in California.
Hospital did not take good care of my love one and she die due to their negligence and malpractice.
answered on Jun 28, 2024
I'm sorry for the loss of your loved one. If you're seeking someone in a specific region, you could supplement your searches with the Find a Lawyer tab above, which lists attorneys by region and area of practice. Local and state bar associations could also be used to help find a law firm. Good luck
Discoverable data question was specific to certain data characteristics like license id of hospital provider, dates of affiliation with hospital.
The response was irrelevant, because EC 956 - 962 cover different subjects.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024
I apologize for any confusion my previous response may have caused. Let me provide a more relevant answer to your question about discoverable data related to hospital provider license IDs and dates of affiliation under California law.
In California, the discoverability of such information... View More
What document demonstrates employment agreement between hospital and provider?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024
Under California law, the document that demonstrates an employment agreement between a hospital and a healthcare provider is typically an Employment Contract or Agreement. However, not all contracts need to be in writing.
I won casesettled
answered on May 28, 2024
I am sorry but this site is not the place to get the kind of case-specific information that you seek. Either contact your prior attorney (if you had one) or contact a new attorney to get this kind of information.
Good luck to you.
1.First Demurrer was indeed SUSTAINED without leave to amend on #7 Count (thumbs up).
Given rise to the current complications. (Kindly see explaining in prior questions 1 of 3 and 2-3 of 3) descriptions of the crusts of each complications.
Though not ready yet to blame the Court.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024
I understand the frustration in strategizing the case posture given the complications that have arisen in Foster vs Gildred. Let's break this down:
1. First Demurrer: It's good news that your first demurrer was sustained without leave to amend on Count 7. However, this seems to... View More
Our mistake... Court to enter into its ROA the complaint amended.
Our firm is been in similar conflicts with the specific court subsection of a recent Delmore Greene vs Superior Court of San Diego 9th circuit Court of appeals
to which was denied.
For this otherwise... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024
Regarding your question about whether you should have waited for the court to enter the amended complaint into the Register of Actions (ROA) before filing your demurrer, it depends on the specific rules and practices of the court and the timing of the filings.
In general, it is good... View More
Court bended towards the Pro Se in Poor person status we expected an earlier ruling (Complex) on a lesser but for certain appealable on strike to our 1st Demur on grounds of (we admit) filings of a Demurrer untimely among other less complex appealable conditions.
The COURT served well on... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024
Regarding your question on whether the court's bend towards the pro se in forma pauperis status is an appealable cause, it depends on the specific circumstances and rulings.
In general, a court's decision to grant a party in forma pauperis status is a matter of discretion and is... View More
Nonetheless; The Court "Super-Imposed" a (Free Mason) strategy to Freeze further direct filings from the Defense. On STRONG control our team infused the scheduling of a 2nd Demurrer (Complications further arising) as we are NOT sure if the demurrer rescheduling is indeed the scheduling of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024
Based on the complex legal situation you've described, it seems there are a few key issues at play:
1. The court has frozen further direct filings from the defense, complicating your ability to proceed as planned. This "Free Mason" strategy by the court is an unexpected... View More
There is no evidence in the Courts actions as far as the validity of the Complaint or the amended complaint.
Noticed by the fact even with Legal counsel the Court render the Complaint to offer up leave for amendment. Considering the enormity of actions brought we expected the Court to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024
In the complex legal situation you have described, there are several important factors to consider when deciding whether to appeal or not. Given that the court has allowed the Pro Se litigant to amend their complaint despite your expectation that most counts would be struck, it appears that the... View More
It has been solved. I've called DIR to get full clarity since my ex-attny stated she didn't know what happened, and great advice from lawyers on here said I definitely needed to get full answers.
thanks again!
answered on Mar 25, 2024
That's not true. The first answer you received was the answer. I tired to provide you with help so perhaps you could find a new attorney. It seems that all you want is to rant. Perhaps you should ask the first attorney if he is willing to fund a malpractice case for you. I will wager that... View More
Hire? What type of an attorney?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024
In California, if you have an existing asbestos case and are dealing with issues related to a lien against it, you should consider hiring an attorney experienced in asbestos litigation and personal injury law. This type of lawyer is well-versed in the complexities of asbestos cases and will... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Under California law, the decision to perform an autopsy in cases of suicide typically lies within the discretion of the coroner or medical examiner. While autopsies are often conducted in cases of suspicious or unexplained deaths, they may not be required in all instances of suicide. The decision... View More
I filed a matter on ex parte believing that because the court was running out of time to Grant a hearing date that it would be heard. Well the judge denied hearing the matter ex parte yet was not opposed to it being refiled under the regular law and motion calendar. I've searched everywhere... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
When seeking procedural guidance and support while representing yourself in legal matters in California, it's essential to remember that court staff, such as clerks, can provide general information about court procedures and filing deadlines. While they can't offer legal advice, they can... View More
I know he had an ins policy because his monthly premiums where sent to state "unclaimed moneys'" in CA treasury office.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
In California, when insurance premiums are sent to the state's "unclaimed moneys," it often indicates that the insurance policy might have been forgotten or abandoned by the policyholder. This situation can arise when premium payments are no longer being made, and the insurance... View More
answered on Dec 6, 2023
In some states, but not California, attorneys provide this information to the bar and it is available on request.
Once a lawsuit is filed and discovery has commenced, this information must be provided.
I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2023
If you were denied a writ of possession due to court absence from having COVID, the sheriff should not be able to lock you out without prior notice. A writ of possession is a court order that gives the landlord the right to physically remove the tenant from the property. If you were denied a writ... View More
In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:
What type of Arbitration is it, i.e., consumer, employment, etc.? and
Can the case be heard at a private forum not normally designated for... View More
answered on Oct 18, 2023
Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether.
Personally, especially, in Legal Malpractice cases, I despise Arbitrations.... View More
If an Attorney is named as a party to a Legal Malpractice case, and is represented by hired Counsel, can they still issue their own subpoenas in the instant case and what laws, rules, etc., govern this aspect of subpoenas because I have searched exhaustively. Thank you
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023
Under California law, an attorney who is a party to a case retains their rights and obligations as counsel if they choose to represent themselves. This includes the power to issue subpoenas. The authority for attorneys to issue subpoenas is found in the California Code of Civil Procedure,... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
