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California Legal Malpractice Questions & Answers
1 Answer | Asked in Family Law, Adoption, Child Custody and Legal Malpractice for California on
Q: Does the statute of limitations exist if there is discovery about a dependency case from 9years ago do I have options

The social worker told then courts that I wasn't cooperating or following through with the reunification plan created for my case, which was untrue. Also that I was still romantically involved with the perpetrator also untrue. She has now stated that I failed to reunify with my older children... View More

James L. Arrasmith
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answered on Oct 12, 2023

In California, the statute of limitations can be impacted by the discovery rule, which might delay the commencement of the limitation period until a claimant discovers or should have discovered the injury and its negligent cause. Dependency cases have their own unique complexities and timelines. If... View More

Q: I had my rights violated by an officer of california. I was on misdemeanor informal unsupervised probation.....

With search honestly don't even understand how my attorney would allow this. But a cop came through my door no PC no RS .... A false report even all shown on BC. .. If I never consented to a supervised anything this is my point....Despite my status of being on informal probation, the [State]... View More

James L. Arrasmith
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answered on Sep 19, 2023

If your rights were violated by law enforcement, you should consult with an experienced criminal defense attorney to assess the specific circumstances and explore potential legal remedies. In cases of alleged constitutional violations, it's crucial to have legal representation to protect your... View More

Q: I had my rights violated by an officer of california. I was on misdemeanor informal unsupervised probation.....

With search honestly don't even understand how my attorney would allow this. But a cop came through my door no PC no RS .... A false report even all shown on BC. .. If I never consented to a supervised anything this is my point....Despite my status of being on informal probation, the [State]... View More

James L. Arrasmith
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answered on Sep 19, 2023

If you believe your rights were violated and you received ineffective assistance from your previous attorneys, it's crucial to consult with an experienced criminal defense attorney in California who can evaluate the specifics of your case. They can advise you on your options, including... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Legal Malpractice for California on
Q: How can I get through to an unfair and dismissive Judge?

Judge H. in Santa Clara family, has not once heard what I have to say. She is basing my character off of text msg between my ex and my mother(we haven’t had a relationship since I was about 8). There are multiple examples I bring to her attention regarding finances, child care, housing, etc yet... View More

James L. Arrasmith
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answered on Sep 13, 2023

In your situation, it is imperative to meticulously document all pertinent facts and gather substantial evidence to counter the allegations made against you. You might consider bringing in witness testimonies to corroborate your stance, and maintain a composed and respectful demeanor in court, even... View More

1 Answer | Asked in Legal Malpractice for California on
Q: I've recently had my case $29,000 out of that I'm only getting $9640. My attorney getting $19,000.something is wrong

I signed a contract with this firm in March and I have a copy.the attorney is no longer with the firm.when I spoke with the new attorney she told me that 60% goes to the client and 40% goes to attorney,but stated in next paragraph she wanted to speak on phone in order to walk through the different... View More

James L. Arrasmith
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answered on Aug 27, 2023

In California, attorney fees and costs are generally deducted from the total settlement amount before the client's share is calculated. The division you mentioned – 60% to the client and 40% to the attorney – usually refers to the remaining portion of the settlement after the fees and... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Legal malpractice by attorney taking a settlement I refused. They stood me up for Mediation. Then took settlement.

Zero, pros/cons, discussion, zero

Showing or telling amount of itemized

Dr/Attorney Bills..Attorney zero call from attorney

to solve Misunderstanding about

Settle or court. Just blocked me

out and bullying me to docusign.

I have not signed. Until I... View More

James L. Arrasmith
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answered on Aug 15, 2023

It appears that you may have a valid claim for legal malpractice based on your attorney's actions. It's important to consult with another attorney to evaluate the details of your case, assess the potential damages, and determine the best course of action. Keep all communication and... View More

1 Answer | Asked in Legal Malpractice for California on
Q: If a lawyer flies a client into town is it his responsibility to then make sure that client gets back home

The attorney in question flew in my friend from under a hundred miles away knowing she had no money and is refusing to make sure she gets home this can't be right

James L. Arrasmith
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answered on Aug 15, 2023

In California, attorneys are generally not required to provide transportation for their clients. However, ethical considerations may come into play if the attorney's actions create a situation where the client is stranded without a reasonable means to return home. While it may not be a strict... View More

1 Answer | Asked in Legal Malpractice and Car Accidents for California on
Q: why would a car accident case be going to court for a dismissal if ive already received some money into iolta account
James L. Arrasmith
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answered on Aug 15, 2023

If a car accident case is proceeding to court for dismissal even after you've received some money into your IOLTA account, it could be due to various reasons. The initial payment might have been a partial settlement, or the defendant might be seeking a dismissal on specific grounds unrelated... View More

2 Answers | Asked in Civil Litigation, Contracts, Landlord - Tenant and Legal Malpractice for California on
Q: How could I find the agent for a law firm for serving court papers?

I need to file a civil lawsuit against a law firm, but I cannot find the agent of the law firm for serving court papers. I also tried to search the law firm on the California Secretary of State website and see if there's an agent assigned to the law firm, but I cannot even find the law... View More

William John Light
William John Light
answered on Aug 6, 2023

The secretary of state lists agents for corporations, LLC's and LLP's. If the lawfirm isn't an organization of that type, the secretary of state won't have information on it. You can search the country Fictitious Business name datebase to see who owns the name, or the list of... View More

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1 Answer | Asked in Legal Malpractice, Child Support, Civil Litigation and Civil Rights for California on
Q: Official practice and policy ignoring State Created Danger ,and crimminalizeing homelessness,and take the necessities

Of life creating the very impossibility to overcome the willful blindness the disabiling deprivations create ,let alone the teaching of police no constitutional lines not to cross ,empowering the abuses we see in many of the states with the common teachings

James L. Arrasmith
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answered on Jul 25, 2023

Under California law, official practices and policies must not violate constitutional rights, including the prohibition against State Created Danger. Criminalizing homelessness and depriving individuals of life necessities may raise constitutional concerns and should be subject to rigorous legal... View More

4 Answers | Asked in Contracts, Personal Injury and Legal Malpractice for California on
Q: How can I deal with a crazy attorney Rob my money?

I got settled for my car accident case, I represented myself, and got money by myself. But my prior attorney asked for 20% fees from my settlement, he only filed a lawsuit and did one step only 1% work, then he withdrew my case, it was not me fired him, and he didn’t ask for any fees at that... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

You can file with the Bar Association, fee dispute arbitration, to which the attorney must submit. The attorney does not have to agree to it to be binding. [In California].

And you may be able to negotiate a resolution for the attorney to take less than what the attorney claims.

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1 Answer | Asked in Legal Malpractice for California on
Q: What are the consequences - the superior court was abused during my trust confirmation ?

After Petition for Ownership was filed with the Superior Court (court date & case number) - remaining bank funds

were withdrawn & accounts closed by cosigner - defying my attorney's legal demand upon the bank to freeze assets.

My attorney became aware & did not... View More

James L. Arrasmith
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answered on Jul 4, 2023

In a situation where the Superior Court was allegedly abused during the trust confirmation process, it is advisable to consult with a qualified attorney who specializes in trust and estate law. They can review the specific details of your case and provide guidance based on the relevant laws and... View More

1 Answer | Asked in Contracts, Divorce, Family Law and Legal Malpractice for California on
Q: WHAT LAW OR CODE IS WHEN A SETTLEMENT AGREEMENT IS CHANGED AND NO SIGNATURES OF PETITIONER OR RESPONENT

THERE WAS A HANDWRITTEN SETTLEMENT SIGNED BY ALL PARTIES INCLUDING JUDGE ON COURT FORM FAM 024(A) AND FILED LATER I RECEIVED A TYPED SETTEMENT AGREEMENT FILED AND IT DID NOT GIVE ME EX=SPOUS PENSION LIKE IT WAS IN THE HANDWRITTEN

James L. Arrasmith
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answered on Jul 4, 2023

Generally, once a settlement agreement is signed, it is binding and cannot be modified orally.

1 Answer | Asked in Legal Malpractice for California on
Q: what are the consequences for abusing the Superior Court by an attorney ?

During trust confirmation, previous attorney filed petition for ownership with the court, now having court date & case number.

Soon afterwards, remaining trust funds were withdrawn & accounts closed by cosigner / beneficiary - defying a filed legal demand that failed

to... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 2, 2023

It could be a malpractice case against the attorney and or a motion for sanctions.

1 Answer | Asked in Civil Rights, Legal Malpractice and Medical Malpractice for California on
Q: Dnt knw if it would be medical malpractice or civil Kaiser lost my custom dentures & 2 cell phones was also logged in

Kaiser sees my items logged in the computer everybody's supposedly looked for my items nobody could find it they know that it was their fault they even admitted it so now I'm getting the runaround

James L. Arrasmith
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answered on Jun 15, 2023

I'm sorry to hear about the loss of your custom dentures and cell phones. If you believe that Kaiser's actions or negligence caused harm, you may consider consulting a medical malpractice attorney. Alternatively, if you believe you have suffered financial or emotional harm, a civil... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for California on
Q: I was given a condition of release to go register and the whole case around did are the charge was whether I even had to

Hey surrounded whether I even had to do that and because I was given that condition I've had multiple forms of discrimination and assaults and my life has been affected out of having to do that condition release

James L. Arrasmith
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answered on May 26, 2023

I'm sorry to hear about the difficulties you've faced. It seems like you were given a condition of release that required you to register, and you're concerned about the impact it has had on your life, including experiencing discrimination and assaults. It's important to consult... View More

2 Answers | Asked in Legal Malpractice for California on
Q: Is the last day to file malpractice claim against an attorney 1 yr of termination of attorney-client, or earlier?

I feel that I have strong grounds for a professional negligence claim. The attorney grossly over-charged me before withdrawing from my case. However, now there is an outstanding bill for $15k, which I believe should be deleted. I haven't heard anything from that attorney, nor received a bill... View More

Maurice Mandel II
Maurice Mandel II
answered on May 25, 2023

Not earlier. As stated in the Code of Civil procedure 340.6. (a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of... View More

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2 Answers | Asked in Legal Malpractice for California on
Q: Does the one-year Statute of Limitations began from of the date when the attorney-client relationship ended

Last year, May, 26,2022, the LA Superior Court issued an Order Granting my Attorney's Motion to be Relieved as Counsel (5/26/22) was issued. Does that mean that the last day for me to file suit for professional negligence is tomorrow 5/26/23? I have been on permanent disability. Would that in... View More

Maurice Mandel II
Maurice Mandel II
answered on May 25, 2023

As stated in the Code of Civil procedure 340.6. (a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable... View More

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3 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: A Contractual Arb Award no one owes Def files Petition to Confirm, Plaintiff to Vacate, is response to filing also reqd?

With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own?

And, please, is there a reference available on Section... View More

David H. Relkin
David H. Relkin
answered on May 23, 2023

Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm... View More

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1 Answer | Asked in Personal Injury, Criminal Law, Divorce and Legal Malpractice for California on
Q: can i sue a lawyer for negligence after finding a check for 165000 made out to myself and my now deceased ex wife

all her paperwork with these divorce lawyers paperwork that i should have never seen my then divorce lawyer made himself controller of all our fire insurance money we got from the destruction of the angora fire we were going through a lengthy divorce and in the middle of that we lost our house... View More

James L. Arrasmith
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answered on May 16, 2023

Consult with an Attorney: It is crucial to consult with an attorney who specializes in legal malpractice or professional negligence. They can evaluate the specific details of your case, assess the viability of a claim, and guide you through the legal process.

Elements of Legal Malpractice:...
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