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California Legal Malpractice Questions & Answers
2 Answers | Asked in Legal Malpractice for California on
Q: I live in California. We have a questions about a legal malpractice claim against two attorneys.

I live in California. We have a legal malpractice claim against two attorneys, one who abandoned our underlying case prior to trial (no Arb in Retainer Agr) & the other who took the case through trial & lost the case (Retainer Agr has Arb clause). The SOL deadline related to the action... View More

Kenneth Sisco
Kenneth Sisco
answered on Jun 11, 2019

There is a split among attorneys as to whether you should combine serial malpractitioners; it all comes down to specific facts. Indeed, under some circumstances, you may, at some point, be forced to consolidate the two cases. Without knowing more, I would not mention the 2nd attorney in the suit... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: Is a lawyer allowed to interplead your settlement for a non lawyer?

My old attorney held back half of my settlement for a "lien" his employee claimed for working on my case. The lawyer was paid in full. Despite my not wanting him to hold my settlement he waited 6 months to deposit them with the court. Now he is suing me for the interplead fees and the... View More

William John Light
William John Light
answered on Jun 6, 2019

If a third party has a lien, which is either created by contract, by statute, or by equity, then the attorney has to either hold the money until the lien is resolved, or to interplead it. It is unclear why an attorney's "employee" would have a lien. Nevertheless, to only safe way... View More

1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: I want my case file from previous attorney (who I plan to sue for legal malpractice)

And I am going in there to hand deliver (with a witness going with me) a letter asking for it to be ready in 24 hours and that I am even willing to provide a copier to assist....anything to help him comply in 24 hours....is that legal? And can I videotape the response if I am in his law firms... View More

Dale S. Gribow
Dale S. Gribow
answered on May 28, 2019

YOU CERTAINLY HAVE A RIGHT TO YOUR FILE.

HOWEVER, A CASE THAT IS 5 YEARS OLD IS PROBABLY A VERY THICK FILE AND IT REASONABLY SHOULD TAKE MORE THAN 24 HOURS TO COPY IT.

IT MIGHT BE A GOOD IDEA TO RETAIN A NEW LAWYER FIRST IN CASE THERE ARE ANY COURT APPEARANCES OR MOTIONS THAT NEED...
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1 Answer | Asked in Legal Malpractice and Wrongful Death for California on
Q: Case was an unlimited wrongful death suit against 1 civillian and I busisness who had legal duty to protect sister from

Lawyer doesn't want to honor our contract because he got 2 cases that would've been profitable tossed out of court by cancelling all depositions. Now he don't want to continue with case against my sister's killer because he knows this person has no assets. But we signed a contract.

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2019

Depends on the two cases being "tossed" and the reasons for them. Contact a member of CAOC who handles legal malpractice cases.

1 Answer | Asked in Legal Malpractice for California on
Q: does a defense legal counsel filing of false declaration in opposition to a summary judgment motion for summary judgment

Can an attorney who conceals the fact that the attorney has a relationship with the attorney tolls the statute of limitation and never made a written notice of the relationship required under Rule 3-310.

Kenneth Sisco
Kenneth Sisco
answered on May 18, 2019

There are too many missing facts here. I think I can assume that you are talking about a conflicting relationship between your attorney and the opposing attorney. But, was it your attorney who made the false statement, or the opposing attorney? and did the statement have anything to do with the... View More

3 Answers | Asked in Constitutional Law, Consumer Law, Criminal Law and Legal Malpractice for California on
Q: Is it legal to negotiate a monetary settlement in exchange for not filing criminal misconduct of an attorney?

I believe negotiations of filing/not filing a complaint with the State Bar is not an option.....but is it legal to negotiate a settlement vs. reporting to law enforcement if that appears to be the only way to get financial compensation from being wronged?

And I am not just money hungry.... View More

Kenneth Sisco
Kenneth Sisco
answered on May 16, 2019

I believe what you are suggesting is the essence of extortion, or blackmail, and you want to stay away from that. But all is not lost. For almost every crime there is a civil counterpart; just ask O.J. Simpson. As far as I know, there is no sanction for demanding compensation, or you will file... View More

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2 Answers | Asked in Contracts and Legal Malpractice for California on
Q: If I found forgery on my case file for important documents that needed my personal signature how should I follow up?

I have found on several documents in my case file that has my signature Forged on them. I know how I write my signature and it looks like someone the the lawyer office wrote it but I can’t be sure who it was but I know that it was not done by me. Any help will be extremely helpful!

William John Light
William John Light
answered on May 13, 2019

Some retainer agreements give a Power of Attorney to execute certain documents. If you contend that you would not have signed the documents, and that you have been damaged in some way, contact the State Bar.

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1 Answer | Asked in Legal Malpractice for California on
Q: Are you legally required to give an officer an ID if he has not articulated or accused you of committing a crime
William John Light
William John Light
answered on Apr 24, 2019

Police may obtain the identification of someone whom they reasonably suspect of having committed a crime. If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification. Different rules... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for California on
Q: I have question. I have wrongful termination and discrimination

Had hairs attorney and sign agreement 40% than file complaint DFEH we have right to sue, and in the letter said have within 30 days to file complaint at EEOC but the attorney didn’t, the want me sign another agreement more high then we passed the time to file complaint at EEOC and when I ask why... View More

Neil Pedersen
Neil Pedersen
answered on Apr 18, 2019

I am sorry but your post is not very clear. I will try to provide some guidance.

An employee who is terminated (i.e., discriminated against) because of their membership in a protected class who worked in California has options about which law he or she wishes to use to enforce their...
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2 Answers | Asked in Business Law, Consumer Law and Legal Malpractice for California on
Q: surplus funds due to be collected.Some attorney lied said i hire her but i dont know this person.I havent seen contract

What is California statue of limitations on a case like this? And does this ever happen to other people or just to me

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 18, 2019

You may want to WRITE to this person to see what is up?

Most (honest) attorneys will respond swiftly with an explanation.

Failure to respond timely may show s/he knows they did

something wrong. Then you may take it to the next level, like

opening up a BAR inquiry?

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1 Answer | Asked in Legal Malpractice and Probate for California on
Q: I was executer of estate and my attorney discouraged me from submitting my creditors claim and assets not protected help

The order of probate was not followed the statuary fee way over exceeded the amount in assets the attorney met with the other side not just the attorney the actual people the decedent owned property we received nothing the decedent was in a very lucrative industry with 2 other partners one partner... View More

Kenneth Sisco
Kenneth Sisco
answered on Apr 5, 2019

Statutory fees are paid first, so, if statutory fees exceed the value of assets, filing a creditor's claim would make no difference. If property was wrongly excluded from the estate; that is a completely different problem.

3 Answers | Asked in Civil Litigation, Contracts and Legal Malpractice for California on
Q: Someone has made themselves my legal representative without informing me without my consent, what can I do about it?

I’ve never had my competence under question or any psychological evaluation for anything. I’m of sound mind and fully capable of making my own informed decisions. Someone has appointed themselves legal representation for me and has basically been signing away my life. What can be done about... View More

Kenneth Sisco
Kenneth Sisco
answered on Apr 5, 2019

There are obviously a lot of missing facts here. If you do not know the person who is "pretending" to represent you, your first call should be to the police. Your second call(s) should be to the person(s) who has been contacted by this "imposter." If you do know the person,... View More

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1 Answer | Asked in Real Estate Law, Legal Malpractice and Probate for California on
Q: Its hard to explain my issue.There's a deed recorded,I say its not legal. Its my house but How to exit probate court?...

I say the deed is not legal because deed shows the Grantor is an estate that I used to be executor and only heir but this estate had ended, it was CLOSED years before this "bogus" deed was signed and recorded. So whoever tried to pull a fast one on me by recording a deed without my... View More

Kenneth Sisco
Kenneth Sisco
answered on Apr 1, 2019

There are still far too many facts missing to provide a really definitive answer. But, ultimately, if not settled, a lawsuit will need to be filed to cancel the "bogus" deed and quiet title. A forged deed is not merely voidable, but it is absolutely void. If someone forged your name,... View More

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: How do I obtain full disclosure on my case, specifically discovery ?

I’ve never been arrested. I want every detail from both sides from beginning to end. I believe I was kept in the dark about many things.

William John Light
William John Light
answered on Mar 26, 2019

Unclear on what type of case this is. After discharge (firing) of your attorney, you are entitled to your file from your attorney, except the attorney work product. The return of the client’s files is covered in RPC 3-700(D)(1) which states:

“A member whose employment has terminated...
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1 Answer | Asked in Criminal Law, Personal Injury, Constitutional Law and Legal Malpractice for California on
Q: Is a text Message considered valid factual evidence?

My friend texted me and tipped me off about someone who wanted to physically hurt me seriously and they follow through

Dale S. Gribow
Dale S. Gribow
answered on Mar 26, 2019

MORE INFO NEEDED.

YOU WANT TO SAVE THAT FOR YOUR LAWYER WHO CAN GET MILEAGE OUT OF IT

1 Answer | Asked in Legal Malpractice for California on
Q: My lawyer had no malpractice insurance. I have a case but no attorney will take my case because of this. Any pro bono?

I lost my foundation case against the flipper and was ordered to pay 110K in attorney fees. Found out through hiring a Real estate lawyer that there was legal malpractice committed. We filed an appeal but both lawyers (he is still on our case) state that we need to drop it because we might incur... View More

William John Light
William John Light
answered on Mar 25, 2019

If you lost money due to theft or dishonest, you can make a claim with the State Bar Client Security Fund:

calbar.ca.gov/Public/Complaints-Claims/Client-Security-Fund

1 Answer | Asked in Civil Rights, Criminal Law, Legal Malpractice and Communications Law for California on
Q: The police removed my anonymity as they had information I gave them from calls I made to dispatch. Is this legal?

I live in an area that has serious traffic issues. I created an anonymous email account to contact city council about this. I also called the police a lot about this and gave my name to the dispatch center. In an email response from the police that included the city council, my name was used. Is it... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 13, 2019

this is not my area of law but I assume absent an agreement you might have an uphill road to climb.

anyone can sue anyone for anything at any time........the question is what is the value?

you can always sue in small claims for a minimal cost, and sue for up to $10k, but you must...
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Q: I was convicted of a crime and feel I've been abused by the system what should I do?

Ive been a victim of malicious prosecution. Racial, bias, discriminating acts from judge, DA, Public defender, sheriff's, and a racist jury with 12 white people and 1 Hispanic. Lies under oath, couching of witnesses, who were the same sheriff's that threaten me. Then acted on those... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 8, 2019

Reach out to the ACLU [https://www.aclu.org/],

or contact the Innocence Project [https://californiainnocenceproject.org/?gclid=CjwKCAiA7vTiBRAqEiwA4NTO619-Cl7XEVBnG1ildi__nhZVMsPTWVi4E3yqcx9_XbJZE06PEobbxoC4JgQAvD_BwE]

You can copy and paste either link in your browser....
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1 Answer | Asked in Estate Planning and Legal Malpractice for California on
Q: The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc.

The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc. An accounting with hard numbers was sent after one year and after repeated requests with no back-up. She has ignored all requests. I believe she allowed the real property in the... View More

Genene N. Dunn
PREMIUM
Genene N. Dunn
answered on Jan 23, 2019

You usually have to start with a request as you have done so and the law typically gives them 60 days to respond. If you still aren't provided with the proper information by then your only recourse is to file a trust petition with the court. This is not a full lawsuit, but rather a petition... View More

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Q: My question is I fell and broke my toe.. went to the Er had X-rays done and nurse practitioners said no broken toe

I got a copy of the X-rays taken that night and it’s broken.. 2 days later I went to another hospital did X-ray and it’s broken.. I need surgery on my toe .. what can I do

William John Light
William John Light
answered on Jan 17, 2019

Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.

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