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California Legal Malpractice Questions & Answers
2 Answers | Asked in Divorce, Legal Malpractice and Family Law for California on
Q: Is failure to notify annuity company of pending divorce constitute malpractice?

Is it malpractice or simply a mistake/oversight if my divorce attorney failed to compel ex-spouse to provide necessary information to prepare quadro prior to divorce and failed to put annuity company on notice that divorce was pending prior to divorce judgment? Disclosure during divorce did not... View More

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

Yes, that may be Malpractice. Malpractice means that a lawyer violated the standard of care. A bad outcome is not enough. Another divorce lawyer would be needed to evaluate the case.

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2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: Ive stated the process. opening up my own law firm because there were no attorneys to help me. Where are the heros

seems like all the lawyers are villians. Ive always wanted to be a lawyer so that i could help people who were in need of help . I have a major law firm breaking laws to cover up property infestation . They have no case so they are attempting to win off the court timer. They have been interferring... View More

John Michael Frick
John Michael Frick
answered on Apr 20, 2023

As a lawyer, you should check the State Bar careers site for other lawyers looking to make a change in their job. There are always lawyers looking for a better career opportunity. You don’t have to offer the highest salary as long as you’re willing to pay comparable to other law firms in your... View More

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1 Answer | Asked in Legal Malpractice and Estate Planning for California on
Q: After legal demand served upon bank to determine ownership bylawyer, all remaining funds taken.

remaining funds part of trust after death of wife, trust now has case no with superior court, then all funds removed by cosigner.

the lawyers legal demand failed to protect trust assets

James L. Arrasmith
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answered on Apr 18, 2023

It is important to consult with an attorney for legal advice in this situation. Generally, if there is a trust in place, the trustee should have control over the assets and not a co-signer or other individual. If the remaining funds were part of the trust after the death of the wife, it may be... View More

1 Answer | Asked in Legal Malpractice for California on
Q: I’d like to know if my situation is legal malpractice

Gave my lawyer proof of parental alienation on opposing counsel. Daughter admitted to active suicidal ideations, her therapist diagnosed her with adjustment disorder w/ anxiety and depressed mood. Also sent tons of texts of mom being hostile and attempting to interfere with my time. Proof daughter... View More

James L. Arrasmith
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answered on Apr 18, 2023

Based on the information provided, it is possible that your situation could be considered legal malpractice. Your lawyer may have failed to adequately represent you by not presenting evidence of parental alienation, not addressing your ex-spouse's hostile behavior, and not properly preparing... View More

1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: i need to know what i need to file in these situations

Lawyer has entered false evidence into court case

To make a judge order a attorney to break client secrtets pertaining to case ,

(there is a motion that can be filed )

Questions for legal malpractice

Missed court date because of the unethical things the lawyers... View More

James L. Arrasmith
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answered on Apr 17, 2023

Hello,

It sounds like you have several legal issues related to your case. I'll do my best to provide some general guidance on each situation, but it's important to note that each case is unique and may require specific legal advice from an attorney.

Lawyer has entered...
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2 Answers | Asked in Personal Injury, Civil Rights, Legal Malpractice and Medical Malpractice for California on
Q: Does a methadone clinic have to abide by the rules outlined in the patients handbook?

My Aunt is being treated extremely unfairly by the doctor at the Methadone clinic to the point he is messing with her dose level which is causing her to have seizures and other adverse symptoms she is 70 years old and blind and is being denied proper treatment is there anything we can do to hold... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 3, 2023

was she ordered into the clinic by the court? if so that lawyer is the person you should consult with.

If no atty involved, set up a consultation with a local lawyer.

this is not a criminal or PI question. However, making an appt with the director of the clinic would make sense.

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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... View 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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5 Answers | Asked in Personal Injury, Civil Litigation 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... View 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... View More

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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... View More

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... View 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... View 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.... View 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... View 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... View More

1 Answer | Asked in Trademark, Business Law and Legal Malpractice 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 plan to operate your virtual law firm from California, you may need to register with the California State Bar as a foreign legal consultant or form a professional corporation (PC) or professional limited liability company (PLLC) in California. The specific requirements may depend on the... View 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... View 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.... View 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... View 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.... View 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... View More

James L. Arrasmith
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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... View More

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... View 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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