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California Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence and Legal Malpractice for California on
Q: If an inmate requests to see his court appointed attorney does the attorney have to see the inmate within a certain time

My friends case is still open and he is very concerned and doesn't know what is going on. The stand in lawyer didn't inform him of his right to a speedy trial or anything and his lawyer is not doing anything about it.

Dale S. Gribow
Dale S. Gribow
answered on Aug 22, 2018

need more info

often the best thing that a lawyer can do is "age" a case.

i assume it is a felony and not a misdemeanor?

he will get credit for the time he served in any sentence.

he can ask for the supervising public defender and complain about his lawyer's lack of attention.

2 Answers | Asked in Legal Malpractice for California on
Q: Can I be sued for not paying an attorney who did a very poor quality job on my case?
Joel Gary Selik
Joel Gary Selik
answered on Aug 17, 2018

Yes. It may be malpractice or it may breach of contract.

Joel@SelikLaw.com

Please take note, there are strict time deadlines where you must file your lawsuit in Court or take other action or you will be forevermore barred from compensation. I have not advised you as to the date...
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3 Answers | Asked in Legal Malpractice for California on
Q: Should I sue my former attorney for making a number of serious mistakes, which taken together, have seriously damaged my

personal injury case? I am presently one month from trial.

Dale S. Gribow
Dale S. Gribow
answered on Jul 27, 2018

a LOT more info is needed.

what did he do wrong?

lawyers can have different strategies and reasons for taking one road rather than another.

if he committed malpractice you can seek a lawyer who does legal malpractice.

you can always sue anyone, the question is will...
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2 Answers | Asked in Legal Malpractice for California on
Q: What can i legally do to stop employee abuse of sick leave?

I am the owner of a small business in Los Angeles, California. I am allowed to give 6 paid sick days per year. One of my employees in management level has already taken 10 sick days within 6 months and still expects to be paid for any additional sick days. It's listed in the employee handbook... View More

William John Light
William John Light
answered on Jul 20, 2018

Many of your questions are answered here: https://squareup.com/townsquare/californias-new-paid-sick-leave-law-what-employers-need-to-know; and, here: https://vantaggiohr.com/library/article/deductions-from-exempt-employees-pay-under-california-labor-law/

Overall, you need to consult with...
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2 Answers | Asked in Legal Malpractice for California on
Q: Father died suspiciously 600 miles away and I had to hire a lawyer over the phone and I then told him of the things that

I needed him to investigate and he needed me to sign a lien against probate and then he proceeded to "not" do the things that I asked him to investigate and just went thru the motions pretending to represent me and charged me over 25k mostly for transportation for him to go to the court... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 19, 2018

You can initiate fee arbitration with the attorney:

http://www.calbar.ca.gov/Attorneys/Attorney-Regulation/Attorney-Fee-Arbitration/Approved-Programs

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1 Answer | Asked in Legal Malpractice for California on
Q: If my son's attorney recommended a settlement that we think is just to

clear the case off her desk, do we have a malpractice claim?

William John Light
William John Light
answered on Jul 6, 2018

No. If you don't like the settlement offer, reject it. Your attorney can either take your case to trial, or withdraw. You are then free to find another attorney and your old attorney will have no claim for fees. You could also fire your attorney, but if you fire him, he will have a lien on... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Legal Malpractice for California on
Q: The attorney retained for my son knew, acknowledged my financial scenario and still took case. Out of $5000 I have paid

about 2000. I am slightly behind in payments. Yes i pay late. Yes i have made partial payments. I have text the legal assistant and texts were intercepted. She said she did not receive them. During a call with her this office mgr took phone from her and would not let us talk. This office mgr has... View More

Angelina Bradley
Angelina Bradley
answered on Jun 26, 2018

Is the attorney also ignoring your son, the client? If your son hasn't called his attorney yet, I recommend he reach out directly.

If there's not a waiver in the file (and there should be with a third party payor), then the attorney likely wouldn't be calling you back with...
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1 Answer | Asked in Legal Malpractice for California on
Q: Is it legal in California to register a nightclub as a church?
William John Light
William John Light
answered on Jun 11, 2018

Registering with whom? There could be issues with the Dept. of Alcoholic Beverage Control and/or zoning, but without specific information, it is impossible to say.

1 Answer | Asked in Civil Litigation, Civil Rights, Identity Theft and Legal Malpractice for California on
Q: Discover Card recently requested sending Copy Of SSN, ID, for verification, after two years being with them, what to do?

I was asked to send out SSN, ID verification by Discover Card. When asked the reason, i was not able to get any logical reason. Changing Policies, We are doing this with all of our clients, Reporting it to SSA, and again I do not see why after 2 years being with them this is happening and why... View More

William John Light
William John Light
answered on May 29, 2018

This isn't a legal question. You aren't required to give them your SSN.

They aren't required to give you a credit card. If you want the card, you have to play along. Credit card companies need your SSN to run your credit reports....
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1 Answer | Asked in Legal Malpractice for California on
Q: Can I obtain my father's financial records,will,inheritance records...iam beneficiary/executor of his estate...

Also maybe deed to property, they were all seized by California Bar Association.. In 2005/also in 2005 my father passed and his attorney passed, Charles Lee broshears

William John Light
William John Light
answered on May 5, 2018

The deed will be in file in the county where the property is located.

If the State Bar still has the other records, you would probably be allowed to get copies, upon proof of your standing as an heir.

2 Answers | Asked in Civil Litigation, Products Liability and Legal Malpractice for California on
Q: If a law firm defends a plaintiff knowing there is a conflict of interest because they represent defendant in the past ?

If a law firm intentionally Mis represents a plaintiff , has his case dismissed intentionally and you later find out why they did because they represented one of the defendants in the past. Does that allow the plantiff since his civil rights where violated a new civil trial for product liability ?

Joel Gary Selik
Joel Gary Selik
answered on May 2, 2018

It is grounds for a legal malpractice lawsuit.

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1 Answer | Asked in Legal Malpractice for California on
Q: In middle of Juris/Dispo contested hearing County Counsel and I have transcript, misleads court and counsel by stating

that a police report read the police arrived at 4:59. It states dispatched. It's a big deal, the time, and a matter of 3 hours. She refers to the exhibit and states for court and counsel, repeats this 3 times. When my counsel in questioning a witness states, wasn't that actually 8:00,... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 21, 2018

The issue should first be brought to the judge The judge will simply look at the evidence. If the attorney is misstating the evidence, your lawyer will point this out and the opposing attorney will be lose credibility. You can report unethical conduct to the state bar.

1 Answer | Asked in Legal Malpractice for California on
Q: In a med mal case if the plaintiff cannot get the medical records and her attorney refuses is this fiduciary breach?

The plaintiff was unable to obtain the medical records after several attempts from the defendants. The plaintiff's attorney blatantly refused to try to obtain the medical records. Therefore there were no records for the medical expert to review and the case was lost before it had has chance to... View More

William John Light
William John Light
answered on Apr 9, 2018

It might be professional negligence.

2 Answers | Asked in Personal Injury and Legal Malpractice for California on
Q: Is my attorney trying to get more money from having to send my agreement back for being too "ambiguous"?

So my lawyer settled my personal injury claim and was told my agreement was too "ambiguous" and has been sending it back for over two months, almost three. Can he be sending it back just to get more money or after settlement is agreed upon, he gets his 1/3 and that's it?

Dale S. Gribow
Dale S. Gribow
answered on Apr 8, 2018

need much more info

however in a PI case the legal fee is per contract usually 1/3

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2 Answers | Asked in Consumer Law, Personal Injury, Car Accidents and Legal Malpractice for California on
Q: Can an attorney lie to a doctor and say the settlement amount on a PI case is much lower than it is to get more $$ ?

I work for a medical group that sees patients on the basis of a medical lien that they sign after they've had an injury. The patients are treated, get the pain management or surgery they need and then when the case settles, the physicians are to be paid first as part of the lien. However... View More

William John Light
William John Light
answered on Apr 6, 2018

That would be fraud, which is both a civil wrong, potentially a crime, and potentially a basis for discipline from the State Bar. You can always ask to see the Settlement Agreement and Release and the disbursement sheet to see the reductions being accepted by the other medical providers as a... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: I had a dispute w/an attorney re: fees. During the trial, he mentioned confidential info from my case. Is this ethical?
William John Light
William John Light
answered on Apr 6, 2018

If you have sued your attorney over attorney fees, your attorney client privilege is waived. California Evidence Code § 958 states that, “There is no privilege … as to a communication to an issue of breach, by the lawyer or by the client, of a duty arising out of the lawyer-client... View More

2 Answers | Asked in Immigration Law and Legal Malpractice for California on
Q: The person we have helping our mother prepare her immigration papers is asking us to see a psychiatrist.

So I'm petitioning for my mother to get her green card. The problem is that my father and her keep insisting on using people that aren't lawyers to save money. My father's divorce with his former wife, who he hadn't even seen in 30 years, took almost 2 years. Finally they took... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Apr 4, 2018

Sounds like your "notario" is working on an I-601A waiver. These are difficult to obtain and I agree that using an non-licensed amateur is risking a seriously adverse consequence if your mother is ordered deported and barred from any immigration benefit for 10 years.

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1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Legal Malpractice for California on
Q: Still had 6mo lft on pre paid lease, rv park evicted me,. They still have my new $80,000 park model ""HELP"""

New owner's knew i didn't live there, they know my residents adress,& my #sent bills to my residents but never served me any doc's about eviction and lied to the court about service, and with knowledge had my (minor child) on UD eviction "

Can't get legal... View More

Louis George Fazzi
Louis George Fazzi
answered on Apr 4, 2018

Get yourself a good lawyer and do it right away. Look for disability rights attorneys. Contact civil rights lawyers. Most good lawyers will give you free consultations and many will find a way to represent you.

1 Answer | Asked in Legal Malpractice for California on
Q: Are lawyers required to tell you their rate before you sign any agreement for representation?
William John Light
William John Light
answered on Mar 30, 2018

Yes, the rate is a required term.

Business and Professions Code Section 6148 governs non-contingent fee agreements. The agreement is required if the fees will exceed $1,000.

The agreement must state: (a) any basis for compensation including, but not limited to hourly rates,...
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3 Answers | Asked in Personal Injury and Legal Malpractice for California on
Q: Can defense Attorney get my private health and mental health records without my authorization?

I slipped on wet staircase at a hotel. Suffered spine, neck, fractured right wrist, broken teeth. Trial is in June. I do not have a attorney

Dale S. Gribow
Dale S. Gribow
answered on Mar 12, 2018

more info is needed.

if you are complaining of negligence and an injury then clearly your previous health is an issue to prove that the complaints were not preexisting.

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