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California Legal Malpractice Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: How protected are sealed criminal record's

Hi, here recently a rather well known person (who is not a judge or in any way related to the legal sphere of work) publicly showed a person's sealed criminal record. How on earth is that possible, and is doing something like that illegal?

Louis George Fazzi
Louis George Fazzi
answered on Jan 8, 2023

You have posted this question in the forum for California lawyers. You need to re-post this in the message board for lawyers in Washington state.

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1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: I’m looking for a litigator with experience in Federal Court, specif. in Northern District of California, San Francisco

The DA of a certain California County may be guilty of vexatious litigation against me, as well as collusion with a judge. I’m aware these are serious accusations, However, if I can consult with a federal litigation attorney, he/she will understand why I’m concerned once I provide the details.

Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

I think you have a misunderstanding as to what a vexatious litigator is or can be. The DA cannot be a vexatious litigant. Pursuant to CCP 391, et seq., it can only be a pro per litigant who has maintained at least 5 litigations other than small claims to final determination adversely to the person... View More

1 Answer | Asked in Legal Malpractice and Workers' Compensation for California on
Q: I had an work injury on 2020 And for negligence i don't know my accident not have a cure .

Negligence of attorney or insurance to let pass a lot time my accident don't have cure ..

William John Light
William John Light
answered on Jan 2, 2023

You may qualify for the Covid extension to the statute of limitations which granted an extension from from April 6, 2020, until October 1, 2020. Speak to an personal injury attorney whether the extension applies or whether you might have a claim for malpractice based on your attorney allowing the... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: Are there any cases where an EEG test took precedence over a interview only exam to prove sanity?

The LAPD arrested me, the victim instead of the perp, then tried to frame me to cover it up and got caught on film planting falsified evidence. I represented myself and proved in court that the plaintiff's had made their entire story up. But because the cops tried to frame me and got caught,... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 26, 2022

This would be an issue for doctors to testify to, not a legal issue.

1 Answer | Asked in Contracts, Employment Law and Legal Malpractice for California on
Q: Case Law: Attorney files to withdraw as counsel due to medical reasons and the Court denies Motion.

Is there a Case Law where a Court orders counsel to hire co-counsel when the attorney files to withdraw from case without the consent of client because continue practicing law will harm health.

Is there a Case Law where a Court Denies Motion to Withdraw as counsel when an Attorney files to... View More

Neil Pedersen
Neil Pedersen
answered on Dec 24, 2022

You have not asked a question.

Your best move is to ask your attorney how he or she intends to proceed. One approach could be to challenge the order by way of writ. There is case law that suggests a court should give great deference to physical disability.

Good luck to you.

2 Answers | Asked in Family Law and Legal Malpractice for California on
Q: can lawyers who have a state bar complaint on the still be on that case.

acts of moral turpitude have occurred and a state bar complaint was filled on lawyers, can those lawyers/law group still be on that case? it's a family law case. Can I notify the judge of this bar complaint before the hearing resides? and what can the judge do once he learns of these acts of... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 24, 2022

If a client files a bar complaint against his own lawyer may have created a conflict of interest that may require the attorney to withdraw.

Otherwise, a complaint is nothing but a complaint, and not a finding of anything done wrong.

Further, unless an attorney is suspended from...
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1 Answer | Asked in Legal Malpractice for California on
Q: ¿What can I do if I my retained lawyer calculated billable time and items in a way that I find borderline malpractice?

We have only started our case(2 weeks ago), very little progress, unhappy with his skills, performance, his communication, and specially the way he's calculating the billable times. It's in California. I already know for sure that I would not want to continue with him, but also find... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 12, 2022

If you are already unhappy, have a discussion with your attorney. If you do not get satisfactory answers, look for a new attorney.

3 Answers | Asked in Personal Injury, Landlord - Tenant and Legal Malpractice for California on
Q: Is it proper for an California Attorney to settle a civil liability case by including property damages in the settlement

I suffered personal injury and property damage as a result of my Landlord's failure to provide an apartment free from mold and other contaminants. I had a separate renter's insurance policy and my doctor told me that I must trash all of my personal belongings (clothes, furniture, etc).... View More

Philip Shakhnis
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Philip Shakhnis
answered on Dec 7, 2022

Yes, in general an attorney in a mold case will seek to recover for all losses and injuries you sustained. Also, a court would likely prohibit filing two separate lawsuits (one for personal injuries and a second for property damage) as that would be a waste of the court's resources. Hope... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: A lawyer was negligent and unethical in his billing would any1 review case and demand clearance or else malpractice suit
Joel Gary Selik
Joel Gary Selik
answered on Nov 21, 2022

Email or telephone a legal malpractice specialist in your state to review the facts.

2 Answers | Asked in Child Custody, Legal Malpractice and Juvenile Law for California on
Q: Can a lawyer submit legal doc.s in 1 county superior court but label them under a different county superior court

example a lawyer representing a client in Riverside county and case being heard from Riverside county courts submit in documents that get accepted by Riverside county courts clerks office than files legal documents even though the acting lawyer has labeled this documents Los Angeles superior courts... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

This error could be malpractice if harm was caused.

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1 Answer | Asked in Legal Malpractice for California on
Q: Lawyers mistake caused me a lawsuit to be lost.

On 2019 the owner of the house on which I live in now added me, his partner, and his son to a living trust. We were each supposed to get his portion of the house which accounted for 25% which would be divided by 3. The lawyer that helped us out made a mistake in sending the trust with the incorrect... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 10, 2022

You may have a malpractice case against the attorney. Consult with experienced attorneys.

2 Answers | Asked in Legal Malpractice for California on
Q: Writ of habeas corpus, granted, conviction vacated, grounds of ineffective assistance of PDs office. can I sue my attor

I was violated for a probation violation which invoked a 5yr suspended sentence. My public defender needed only to access a online superior court of California registry to prove my factual innocence and failed to do so even when the judge told her, during the trial, "Do you have any proof of... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 6, 2022

Yes, with a factual finding of innocence, a legal malpractice case is possible.

Consult with a Legal Malpractice Certified Specialist.

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1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: Can my attorney allow a defandent's attorney delay my case with a document a judge did allow as evidence?

My attorney disclosed an internal email I wrote the judge did not allow as evidence . However, she made me aware the defandent's attorney has been using it to delay the case. My own attorney has been remarking in unprofessional tone to instigate arguments, "Oh well you wrote this... View More

Neil Pedersen
Neil Pedersen
answered on Nov 3, 2022

Frankly, you are lucky you still have an attorney. If you were my client and you tried to contact the judge directly, I would have immediately withdrawn from your representation. It is a highly inappropriate thing to do and it demonstrates the the judge, opposing counsel and anyone else who knows... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Civil Rights and Legal Malpractice for California on
Q: My landlord took rent, said i didnt pay, then evicted lme b/c Clerk didnt accept my docs. Seek justice y or n

I have receipts of payments. Also landlady foundout i had HIV and doesnt want ‘those’ people. Said she wanted a couple (man and woman.

I didnt get my day in court becaude clerk rejected my docs on minor technical formality issues. I hired someone..a tenant lawyer i hired fleeced me for... View More

Louis George Fazzi
Louis George Fazzi
answered on Oct 31, 2022

First things first. Report the lawyer you paid to the State Bar of California. You can go to the website (https://www.calbar.ca.gov/) and click the link to file a complaint against a lawyer.

Next, you may have a claim against your landlord for discrimination in housing if you can prove she...
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1 Answer | Asked in Real Estate Law, Business Formation, Civil Rights and Legal Malpractice for California on
Q: I am living a gated community and HOA has no meeting and no elections for last 5 years since I moved in.

HOA has 5 board members which appointed by president. No elections at all. Is that legal? I have been asked for the election and no board member answers. Also I found out some board member on the position for 12 years and they use HOA water and HOA Garderner for private land. For such small... View More

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

There are attorneys who practice HOA law. Speak with one about your situation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Legal Malpractice for California on
Q: My HOA put my name as CFO on sec of state without my permission. Is that legal?

The management company said it’s just doc error. They just randomly pick a name to fill to states.

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Speak with a local attorney to contact the HOA regarding this. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Legal Malpractice, Employment Law and Health Care Law for California on
Q: Do I have legal rights?

I work for and OBGYN clinic and the fronk desk has been using my initials when scheduling the patients. I spoke with her and she denied and used lies to defend herself. I know because the EMR shows who actually made the appointment and who was last editing the appointment. The manager was notified... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2022

I would talk to the HR manager about this issue if you have not already.

1 Answer | Asked in Workers' Compensation, Legal Malpractice and Public Benefits for California on
Q: Hi. I was Not Paid Not Any Weekly/ Monthly Indemnity while I Attended Eight Weeks of Attending Chronic Pain Doc. My Atty

My Attorney told Me I Could Not Receive Three Disability at a Time. I Attend from 2013 to 2019 with My New PTP given to Me. I did Not Get Paid Nothing. Not Even Mileage. Only My SSDI and My Pension Owed to Me. I Attend Every Month. His Assessment Read. This Man is "PTD" SHALL NOT LIFT... View More

Haleh Shekarchian
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Haleh Shekarchian
answered on Aug 1, 2022

You may be entitled to temporary disability and permanent disability payments. However you can not collect both state disability and worker’s compensation temporary disability at the same time. That would be double recovery. You are also entitled to Milage.

More information is necessary...
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1 Answer | Asked in Probate and Legal Malpractice for California on
Q: Can I sue my lawyer for misrepresentation, he missed all filing dates ect.

He failed to represent me in court.

David Ostrove
David Ostrove
answered on Jun 30, 2022

You may sue your lawyer, but that does not mean that you will win anything.

You must prove all the elements of your case:

You must prove that he/she was your lawyer.

Did you have a client lawyer fee agreement?

You have to prove that your lawyer was negligent,...
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Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2022

You frustration is perfectly understandable. Your attorney may be frustrated also. Unfortunately, this sort of thing happens in cases all the time. You might want to discuss with your lawyer giving the opposing side a deadline to complete or otherwise there is no settlement.

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