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California Legal Malpractice Questions & Answers
Q: I need a lawyer to represent me in a case against the juvenile detention agency in san Diego county
Tim Akpinar
Tim Akpinar
answered on Sep 20, 2021

A California attorney could advise best, but your post remains open for two weeks. You could continue to await a response here, but it could be difficult for an attorney to reply - this is only a Q & A board. Some options you could consider include looking into sites that do operate as attorney... View More

1 Answer | Asked in Consumer Law, Legal Malpractice and Federal Crimes for California on
Q: If a lawyer separates settlement money from the awardee by investing the funds which end up being diverted is it legal?

Is the refusal to release the funds to the client by investing or stalling embezzlement?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 15, 2021

Sounds bad. The BAR can answer this for you, given more specifics.

1 Answer | Asked in Civil Litigation, Legal Malpractice and Libel & Slander for California on
Q: Can a pro se litigant get sanctions against a Plaintiff that keeps filing frivolous motions etc?
Maurice Mandel II
Maurice Mandel II
answered on Sep 11, 2021

Usually "sanctions" mean your attorney fees. So, not unless there are particularly unusual circumstances. Perhaps you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: Does my employer have the right to harass me (just me specifically) for proof of vaccination as I work in a

I recently was brought into a conference room by my supervisor to discuss my vacation hours when I was surprised to see the HR manager in there waiting. They had a list of 5 items they had issues with which I confidently argued my way out of as the company is rife with poor communication and... View More

Neil Pedersen
Neil Pedersen
answered on Sep 8, 2021

I am sorry but what you describe is not unlawful in any respect. An employer is allowed to talk to employees and question them about their vaccination status, and frankly the employer is allowed to discipline and even terminate an employee who refuses to vaccinate.

You say you think the...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Legal Malpractice for California on
Q: Judge “reconsidered my case but my attorney never responded or even told me, I found it on my own Fresno county Odyssey

This was a property ownership dispute & it went to court as a eviction but my attorney made several mistakes & the judge told her right there in court in front of me, I assumed she knew what to do & she said “I got this” to me but dropped the ball & me when I found the docs on... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 31, 2021

more info is needed.

however, it would make sense to contact a possible legal malpractice attorney in your area to see if it was indeed malpractice.

if it is too small for them you can always sue in small claims court for up to $10k............and you can contact the State Bar.

1 Answer | Asked in Medical Malpractice, Health Care Law and Legal Malpractice for California on
Q: Doc refuses to reevaluate his previous diagnosis & ends up being wrong & now others are affected ,is it malpractice?

If a diagnosis of skin condition that is highly contagious won’t be tested for after 2x of asking the doctor to, be negligent or irresponsible?Family member confided that after uncle was diagnosed with skin thing she highly suspected another condition. Called doc left message, she emailed doc,... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 29, 2021

Yes, it may be malpractice (must be confirmed by a competent medical doctor.

No matter what the doctor says and does now, the patient or patients need to see other doctors right away.

1 Answer | Asked in Legal Malpractice and Criminal Law for California on
Q: Is it legal as a 15 year old to watch 15 year old porn online fictional tv show characters??
Joel Gary Selik
Joel Gary Selik
answered on Aug 29, 2021

Assuming the definitions, the answer is no. It is, at least, two criminal violations

2 Answers | Asked in Civil Litigation, Legal Malpractice and Medical Malpractice for California on
Q: Does this expert opinion have any evidentiary value?

It is my opinion that Dr.D treated the patient within the standard of care at all times.Dr.properly and within the standard of care recommended and performed a series of injections in knee. Dr.D properly consented to the knee injections (but the informed consent form with the client's... View More

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2021

A California attorney could advise best, but your question remains open for two weeks. As a general impression, I do not see it as being strongly persuasive. It uses the terms that arise in malpractice defense, such as standard of care. But some might see it as coming across as boilerplate-like in... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: hello, Is there a time limit to file a malpractice against a probate lawyer

My stepmother, the trustee of the property that my sister and I along with my stepmother are too inherit, asked us to pay in equal parts for a lawyer to start the probate process for all of us. The trustee found a lawyer, the lawyer took our money, sent all of us the action she was taking. After a... View More

Kenneth Sisco
Kenneth Sisco
answered on Jul 6, 2021

The basic Statute of Limitations for bringing suit against an attorney, is one year from the point you knew, or should have known, that the malpractice occurred. But, you have stated facts that make the issue more complicated and could extend the statute, and/or raise other actionable causes of... View More

1 Answer | Asked in Legal Malpractice for California on
Q: Can I deduct my litigatiocosts from the settlement I receive even if the costs where incurred under a different attorney

I had two attorneys on a contingency fee. I paid all litigation costs out of my pocket as they arose. No attorney has a claim against me. The case took place in CA.

.

My first attorney had to quit due to his health issues. My second attorney tells me that the costs I incurred under... View More

William John Light
William John Light
answered on Jun 29, 2021

Your post was directed to California forum, although the post indicates that you are in Florida. You may wish to consult Florida attorneys. In general, your retainer agreement with the new attorney governs. If the attorneys fees is to be calculated on the gross recovery, then your costs... View More

Q: Is it fraud to skip over a named successor trustee, and instead nominate and fill the vacancy with an outside party?

The successor trustee who was handling the administration of my irrevocable trust died. My Aunt was named second as a successor but she declined.

The next successor trustee named in the trust instrument was a bank but the bank was never informed of this. My Dad's widow, (an omitted... View More

Jackie Marie Howard
PREMIUM
Jackie Marie Howard
answered on May 3, 2021

You said the fiduciary was court appointed. Did you get notice of the ex parte hearing? More facts would be needed to determine if you have any recourse. Seek counsel for a private consultation so that you can provide all the facts of your situation for a thorough evaluation.

4 Answers | Asked in Legal Malpractice, Employment Law, Business Formation and Business Law for California on
Q: Hired as an independent contractor, but now owner claims that I was a partner after trying to receive payment. Legal?

I was hired by company to run Tournament events. The company wants to contract me to run tournamemt events. With work product created, I provided the company with this service. After creating an FBN and EIN for the sole purpose of getting paid for services I provided, I asked for payment by giving... View More

William John Light
William John Light
answered on Apr 25, 2021

You are free to sue for your fees as an independent contractor, if that is what you were. Even as an independent contractor, if you created intellectual property during the course of those duties, that property would likely belong to the person who contracted with you to create it.

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1 Answer | Asked in Legal Malpractice for California on
Q: Attorney after falsified the Plaintiff declaration, he has filled it with the court, for a lawsuit of 25,5 Millions

Attorney after he falsified the Plaintiff declaration, he has filled it with the court, knowingly that declaration is false, for a lawsuit for 25,5 Millions, by using a false declaration.

Without falsification of Plaintiff declaration, this lawsuit couldn't be filed.

We... View More

William John Light
William John Light
answered on Mar 31, 2021

Get an attorney and present your evidence to a jury at trial. The judge cannot decide whether the declaration is false. The Plaintiff says its true. The jury gets to decide.

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: Is it ethical in an Unlawful Detainer case for the plaintiffs council to dismiss the case without the courts clerk stamp

The plaintiffs attorney dated and signed document, missing stamp.

William John Light
William John Light
answered on Mar 27, 2021

That's how it works. Plaintiff's counsel dates and signed the Request for Dismissal, then it is delivered to the Clerk to be stamped. Presumably, Plaintiff's counsel has served you with the unstamped copy, and you will later be served with the stamped copy.

1 Answer | Asked in Legal Malpractice for California on
Q: What is the proper Bluebook citation to the rules of professional conduct in California
Kenneth Sisco
Kenneth Sisco
answered on Mar 8, 2021

Here is a link to the Rules of Professional Conduct, via the California State Bar.

http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct

Good Luck.

Ken Sisco

4 Answers | Asked in Criminal Law, Communications Law and Legal Malpractice for California on
Q: I need help ! I don't know how to go about this and if it's even worth it ..

I have a public defender . She calls me the day of my court date and tells me that the court is closed due to covid so no one is allowed in the court house . She left me a voice mail stating this loud and clear and repeated her self twice . she would notify me when the court re opened ,in the mean... View More

David Michael Lehr
David Michael Lehr
answered on Feb 24, 2021

Sorry about what happened. I would make sure that her office knows what happened to you and see if there is any way to help get your $2000 back. Unlikely, but worth a try.

Keep those VMs!

Good luck!

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1 Answer | Asked in Contracts, Copyright, Criminal Law and Legal Malpractice for California on
Q: I'm not sober under the influence to my attorney. Is it illegal can I suspend their bar? What is it called by law code.

I'm not sober drunk and high on drugs. They're all seeking advantage of me doing white collar crime fraud scheme. What is it called by code of law?Can I suspend their licence bar?

Rhonda Mae Hixon
Rhonda Mae Hixon
answered on Jan 1, 2021

A lawyer involved in a 'white collar crime fraud scheme' would surely face the loss of their license with the state bar, not-to-mention criminal prosecution. You can file a complaint at The California State Bar website- calbar.ca.gov or call (800) 843-9053. It might be wise to consult... View More

1 Answer | Asked in Real Estate Law, Collections, Legal Malpractice and Libel & Slander for California on
Q: What to do if an attorney added a person to an Abstract of Judgment illegally and recorded it?

My present husband was erroneously added to an Abstract of Judgment against me from my ex husband. Now his sole and separate property which he purchased with inherited funds has a cloud on it's title. The attorney for my ex husband has continuously filed and recorded documents with no legal basis.

Kenneth Sisco
Kenneth Sisco
answered on Dec 29, 2020

There are too many variables and unknowns to give you a conclusive and complete answer, but we can move towards one. An abstract of Judgment is supposed to accurately reflect the terms of the Original Judgment. Accordingly, your first task is to compare the Abstract to the Judgment. If your... View More

2 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: I rec’d a settlement from accident. 3 yrs later, I got an unpaid med bill. My attorney failed to pay; do I have recourse

Attorney was sent all the bills to handle and include as part of settlement package. They had all the info on medical bills so that I would not have to worry about coordination. Once we settled, I thought everything had been completed and paid. 3 yrs later, I got a medical bill saying after... View More

William John Light
William John Light
answered on Dec 3, 2020

You should have an accounting or breakdown of the fees, costs, and medical expenses that were paid out of the settlement. If that document claims that a medical bill was paid, but it was not, you have a claim.

If your attorney left that medical bill off the accounting, then it wasn't...
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3 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: Fbi goes to grand jury, grand jury decides to indite, same day FBI bring case to a Judge and gets a warrant and arrests

1-current gand jury is unconstitutional. FBI goes to grand jury to get a sure conviction. Fbi on same day brings case to Judge and gets warrant. Arrest you and lie and say your arraignment is your due process. I think this is a clear violation of due process along with the violation one goes... View More

William John Light
William John Light
answered on Nov 17, 2020

Some misconceptions:

1. Grand juries are not unconstitutional.

2. The FBI does not go to the grand jury, that is the prosecutor's job.

3. Arraignment is one of the pieces of your "due process", which continues through your trial, conviction and appeal....
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