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California Legal Malpractice Questions & Answers
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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1 Answer | Asked in Legal Malpractice for California on
Q: Is it legal for attorneys to take large amounts of cash for payment?

My attorney and the firm we hired requested a payment for the retainer be paid in cash which was 25k and they sent some one up from southern california to pick up the money then came back months later to collect an additional 12.5k in cash and same person to run the money.

Joel Gary Selik
Joel Gary Selik
answered on Jun 13, 2022

While this is unusual, and potentially suspicious, there is nothing illegal about it or unethical

1 Answer | Asked in Legal Malpractice for California on
Q: Can Search Warrant Requests be filed on an Attorney and Doctor if you have legal malpractice arbitration on Attorney?

Legal malpractice case was forced into Compelled Binding Arbitration with a forged (backdated) agreement presented to Court with Declarations of factuality. Same Attorney, of own volition, attempted to hide clients pre-existing conditions in UC - removing pages of Doctors Office Intake Form and... View More

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

It would be a Request for Production or Subpoena, but yes, you can seek the records.

Q: Case tossed from Supreme Court January 6, 2021. Dignity and Respect EEOC filed 12-21-1987. When is an agency liable…?
Neil Pedersen
Neil Pedersen
answered on Jun 1, 2022

I am sorry but your post is so short and bereft of any helpful detail that it is virtually impossible to provide you with a helpful answer. I would suggest re-posting with more information.

When you do, please state what kind of case was tossed from the Supreme Court, what you mean by...
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1 Answer | Asked in Criminal Law and Legal Malpractice for California on
Q: can a sherriff allow someone dismantle my truck cus they think it had stolen parts on it

i was arrested for 496(d) but a two year old case but at the same time they recovered a stolen truck that was dismatled the truck was exactly the same in make model and even the color as my own personal truck that was sitting right in front of it after i was in jail the police contacted the owner... View More

Dale S. Gribow
Dale S. Gribow
answered on May 29, 2022

it sounds like there is much more info a lawyer would need to know.

the person you should contact is the lawyer who represented you and has more info.

if you can find a lawyer, you can always go to small claims court where you can sue for up to $10k.

However, remember there...
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1 Answer | Asked in Legal Malpractice for California on
Q: Labor board got judgmt 4 me. They didn’t record. Debtors sold home I was not paid no abstract. is this legal malpracti
Joel Gary Selik
Joel Gary Selik
answered on May 25, 2022

Unless there was something different than I have seen in prior actions of the labor board, no it is not malpractice as they took on no duty of representation. But, if the facts show otherwise it could be.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court...
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1 Answer | Asked in Health Care Law, Legal Malpractice, Personal Injury and Wrongful Death for California on
Q: To Whom It May Concern: I am a legal nurse consultant with extensive experience in Emergency and Trauma nursing care.

I review medical records, create chronologies and perform merit reviews with a strong clinical eye to help strengthen your case.

Please contact me!

Kerri Calloway, BSN, RN, CEN, TNCC

443-618-8722

Dale S. Gribow
Dale S. Gribow
answered on May 21, 2022

GOOD LUCK.............

1 Answer | Asked in Legal Malpractice for California on
Q: Have charged PI Atty with Breach/Negligence and now they're using Felony I admitted to on intake form against me

Is it possible to prevent the entire case getting skewed in the wrong direction of playing character reference games versus trying the actual matter? I was honest about having carried the $10,800 on a plane 10 years before and have graduated with 2 degrees since then. They've presented an... View More

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

Bringing up issues like this is typical.

There are ways to exclude the evidence and this would probably not be admissible at trial.

But it not matter. Confronting the fact and dealing with it can strengthen your case in the hands of a good attorney.

1 Answer | Asked in Legal Malpractice for California on
Q: I did not have the funds to make a payment and the company kept running my account every day costing me 900. Legal?

I'm on a bi-weekly payment plan with a company. I was in the hospital and did not have funds in my account for the agreed date. The manager then kept running my card every day after which my bank kept and then declined as insufficient funds costing me hundreds. Is this legal for the company to... View More

Joel Gary Selik
Joel Gary Selik
answered on May 14, 2022

The key word is, if without authorization. If without authorization, they may not do so.

Look for an attorney who handles Fair Debt Collections Practices Act cases. please

1 Answer | Asked in Legal Malpractice for California on
Q: Are there any plaintiff legal malpractice (employment realm) lawyers in So Cal interested in taking on a case?

In some ways the case, though a bit of a niche, is comparably easy & less time consuming- overall.

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

You should e-mail a legal malpractice attorney with the basic facts.

Joel Selik

2 Answers | Asked in Criminal Law, Identity Theft and Legal Malpractice for California on
Q: CAN AN ATTORNEY REALLY WORK ON A CASE WITHOUT EVER TALKING TO CLIENT ABOUT THE ALLEGATIONS OR DETAILS OF THE CASES?

I HAVE HAD 3 CONFLICT ATTORNEYS I WAS ARRESTED DEC OF 2021 NEXT COURT DATE IS PRELIM . ONLY CONVERSATION WAS ABOUT A DEAL FROM DA NEVER ABOUT ANY TYPE OF DEFENSE OR DETAILS. 3 FELONY CASES

John Karas
John Karas
answered on Apr 24, 2022

This is how the criminal "justice" system works. You get what you "pay" for.

FYI, Conflict Counsel in Riverside County only get paid a flat fee of $500 (unless the case goes to trial, then it's a measly $1,500). No reasonably competent criminal defense attorney...
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1 Answer | Asked in Legal Malpractice for California on
Q: Do I have a legal malpractice suit if my lawyer didn't appear at my first DUI hearing or submit my DMV paperwork?

The law office didn't submit my DMV paperwork for a restricted license or appear at the first court date. I was told there wasn't any need for me to appear but thankfully I did or I would have had a warrant. The law office did not call the court, clerk or me and I didn't hear... View More

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

Yes, you might. Further facts would have to be evaluated.

One issue in many legal cases, is, does the amount you may recover, warrant the expense of bringing a lawsuit.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court or take other action or...
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1 Answer | Asked in Legal Malpractice and Products Liability for California on
Q: Do i have a legal malpractice case or a product liability cade?

I fell from a ladder at work, I believed the ladder to be defective due to the way it sprung and tipped over so easy. I hires an attorney and filed a comp claim. I was told by my attorney not to worry about the ladder right now lets focus on the comp case. I need neck surgery which I still have not... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

It certainly sounds like you may have a malpractice case against your former attorney for blowing the product liability

statute of limitations, but if the statute has run on the defective ladder case you will not be able to sue the manufacturer/distributor/retailer for the defect.

1 Answer | Asked in Legal Malpractice for California on
Q: How can I get my file from the attorney I fired last week?

After catching him in one more of many lies, I got fed up with his indifference to the 2 cases I hired him for and fired him. I have been requesting my file from him since then with no acknowledgement or response. Unfortunately, due to unforseen circumstances, I had to move to a different state so... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 30, 2022

If he missed time limitations you may have good legal malpractice cases. Speak with a Certified Legal Malpractice Specialist.

To get your file, if you get a new attorney, he or she will get the new file for you.

No, the attorney may not withhold the file from you.

1 Answer | Asked in Legal Malpractice for California on
Q: Hello - I am suing a law firm, a lawyer and a para legal. Ina rquest for admissions, who do I say is answering?

Do I write up a separate request for each party?

Joel Gary Selik
Joel Gary Selik
answered on Mar 23, 2022

It would benefit you to do separate requests to each defendant separately.

4 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for California on
Q: What course of action do I have against an attorney that I believe is guilty of negligence and misrepresentation?

I entered in to a contract that was prepared by an attorney for my step father. I was to be paid $30,000 out of escrow for the sale of my mothers home. I fulfilled my obligations for the contract. The home sold and I was told there was no money left due to a lien. I later found out from the title... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 11, 2022

CONTACT A LOCAL LEGAL MALPRACTICE LAWYER TO SEE IF THEY THINK THERE IS A CAUSE OF ACTION FOR NEGLIGENCE.

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1 Answer | Asked in Legal Malpractice for California on
Q: Is it a crime or a grievance for the state bar when an attorney who is divorcing hacks into wife's email account?

My ex husband is a licensed California Attorney. When we were litigating our divorce my attorney filed to be relieved as counsel because she could not "get ahold of" me. I felt our communications had been intercepted somehow. I was completely devoid of any tech know how then. At that... View More

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

Its is both.

The crime is reported to and prosecuted by the District Attorney.

The complaint is filed with the state bar.

4 Answers | Asked in Legal Malpractice and Medical Malpractice for California on
Q: is there a statue of limitations on medical malpractice.my father was dropped while in hospital,he walked in and now is

in a wheelchair and has no use of his legs;he has to have 24 hour care by mother who lost her job because she had to stay home with dad

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 25, 2022

Yes there is a statute of limitations for bringing a claim for medical malpractice. When did this happen?

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1 Answer | Asked in Contracts and Legal Malpractice for California on
Q: How can I get my money back from a lawyer that I paid pay off my credit cards. He has over $10,000.00 of mine in trust

It’s in a trust fund. I paid this lawyer off early. I signed agreement for 4 1/2 years. They would never settle my debt. I have sent letters email and faxed him. That I want stop his program but won’t give my money back. This has been paid in full for 21/2 year. I have even called him and says... View More

Shawn R. Jackson
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Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2022

Small Claims Court ... get a judgement ... then execute on the judgement ... Let me know if a free consultation would be helpbul

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