Get free answers to your Legal Malpractice legal questions from lawyers in your area.
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
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
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
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
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
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... View More
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.
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.
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.
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
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
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
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!
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.
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
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
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... View More
What is California statue of limitations on a case like this? And does this ever happen to other people or just to me
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?
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
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.
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
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
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
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
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.
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... View More
My friend texted me and tipped me off about someone who wanted to physically hurt me seriously and they follow through
answered on Mar 26, 2019
MORE INFO NEEDED.
YOU WANT TO SAVE THAT FOR YOUR LAWYER WHO CAN GET MILEAGE OUT OF IT
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
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
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
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... View More
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
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.... View More
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
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
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
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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