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California Legal Malpractice Questions & Answers
2 Answers | Asked in Legal Malpractice and Probate for California on
Q: Can a Trustee to a family trust ,which resigned and appoint another person,make an amendment to the trust thereafter ?
Louis George Fazzi
Louis George Fazzi
answered on Sep 28, 2017

To me your question omits sufficient information which would permit a reasonable response. If the trust is revocable, and if the original trustor is still alive and capable of amending the trust, a trust can be amended.

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8 Answers | Asked in Legal Malpractice for California on
Q: How do I file a lawsuit on a person that represented himself as a lawyer and mishandled my car injury lawsuit.

He won't give me a copy of my case or medical file. I then after looked up his name and it didn't appear on the California bar website.

Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Sep 27, 2017

I think you would report this action to the Califnornia Bar, the same website you checked, they should have a hotline or phone number for you to call to report the action and that he would not give you back your file.

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1 Answer | Asked in Legal Malpractice and Probate for California on
Q: Uncle stole 300k from me. What can I do?

Mom passed away and thought I should not have ALL the $ until im "ready" and my uncle's boyfriend is in charge of the trust account (was in her will) hes not supposed to take any himself but hes not giving me the $...im 21yo and its like 300k of life insurance and savings. What can i... View More

William John Light
William John Light
answered on Sep 21, 2017

Sounds like your uncle's boyfriend is carrying out your mom's wishes. Unless he is violating the terms of the trust, there's nothing to do. You should really read the trust instrument and figure out when the monies are supposed to be dispensed to you. It's probably specific... View More

1 Answer | Asked in Family Law, Legal Malpractice and Securities Law for California on
Q: Is there a time limit on sueing family for forging my signature on stock and can I sue the lawyer that was in charge

Back in 1996 or 95 my grandfather passed away and left some stock to be divided between his 7 adult children my father passed away in 1974 that left me next of kin recently found out that my oldest Aunt forged my signature cashed out the stock and spent the money I never received a dime for the any... View More

William John Light
William John Light
answered on Sep 18, 2017

You need to talk to a Probate Attorney to find out the timelines necessary to bring this type of claim. As I understand it, the claim would be on behalf of your father's estate against your aunt. There is a 3 year statute of limitations on fraud (Code of Civil Procedure section 338(d)), but... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Domestic Violence and Legal Malpractice for California on
Q: Can a lawyer be disbarred for congradulating my future ex Because his domestic violence charge never went to court

Two times in two months I called the police. First time he kicked my butt hard as I was bent down vacumming my car because I didn't have two side dishes the night before.police hounded me to have him arrested. Second was bad, he strangled me. Police did not care and made me to be the bad... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 6, 2017

If I am making sense out of your question, it is not likely a lawyer will be disbarred simply for doing what you claim.

The more important question for me is why you did not prosecute your ex for the injuries he caused you. I think you should focus on getting permanent restraining orders...
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1 Answer | Asked in Legal Malpractice, Collections and Contracts for California on
Q: A woman has my car who only paid $500 out of the $1,600 price tag... I need legal help finding her/it

Was an incomplete ebay transaction.. she left only paying $500 by mistake. I need her to pay the rest... I never signed the title registration as well and wish to prevent her from registering until she pays... She has not answered any of my calls or messages I'm worried.. give me legal advice... View More

William John Light
William John Light
answered on Sep 2, 2017

You can com navy the police to report fraud/ theft. If you have the address, you can file suit in Small Claims court.

1 Answer | Asked in Legal Malpractice and Civil Litigation for California on
Q: What are the problem & law violation in regard of "Proof of service" if I do it myself?

"Proof of Service" should have a 3rd person who is not involved in the case to do it, but plaintiff/defendant do that themselves, any consequence for that.

William John Light
William John Light
answered on Sep 1, 2017

A party to the case cannot sign the proof of service. It makes the service invalid.

2 Answers | Asked in Legal Malpractice for California on
Q: Does plaintiff need to respond to defend counsel's demurrer; if so, what is the limited timing to respond?
William John Light
William John Light
answered on Aug 31, 2017

If you don't respond, the Demurrer will be sustained. If it is the first Complaint, you will likely be granted permission to Amend. In fact you could enter that Stipulation with Defense counsel now to avoid the hearing. If you are on the 2nd, 3rd, etc., Complaint, the Court may sustain the... View More

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2 Answers | Asked in Criminal Law and Legal Malpractice for California on
Q: after lawyer got thrown off the case for misconduct with witness, do i still get a refund of my money on 187 case?

after getting thrown off case a public defender was appointed on 187 case and now lost the case due to the public defender not having knowledge of case. arent we entitled to some kind of refund? we paid about 30,000

Louis George Fazzi
Louis George Fazzi
answered on Aug 20, 2017

Vital details are missing. There is insufficient information which would allow a considered opinion.

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1 Answer | Asked in Gov & Administrative Law, Family Law, Child Custody and Legal Malpractice for California on
Q: Do minute order absolutely have to recite the orders from the court made in a hearing? What if it does not?

In ever minute order of my case, the judge lays out specifically the orders made in each hearing. The last 2 minute orders are very vague. One states, "orders to be reflected in the findings and orders after hearing." I'm wondering what this means for the case.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

You can file a petition for clarification of the order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: What is the legality of photographing a suspect cuffed in the back seat of a police vechicle?

And releasing said photo grams to the news media.

William John Light
William John Light
answered on Jul 23, 2017

As far as I know, it is legal. If the suspect is a minor, perhaps it cannot be published, but I am not sure of that.

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1 Answer | Asked in Legal Malpractice for California on
Q: Is there a statue of limitations on complaints about lawyers to the bar

An awarded settlement for a personal injury case was issued and i disagree with how much was kept for the lawayer.

40% of $20,000 is not $19,500 and i just want to know is it to late for a complaint to be made because i believe arbitration is to late . They settled my case this time last... View More

William John Light
William John Light
answered on Jul 21, 2017

It is unclear if the $19.5k is for fees or fees and costs. Costs can be a significant charge to the client's net recovery and are in addition to a 40% fee.

1 Answer | Asked in Constitutional Law and Legal Malpractice for California on
Q: Any Cases re: conflict of interest between representation of client in a civil matter and client in criminal matter?

Especially helpful would be 9th Circuit cases.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

Not necessarily, but it depends on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

2 Answers | Asked in Legal Malpractice for California on
Q: My lawyer guaranteed me money to pay off my medical bills if I rejected the other party's settlement offer and went to

trial but I subsequently lost. Do I have any recourse?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 10, 2017

Of course you do. A guarantee is a guarantee. Have you asked your lawyer for the money he or she promised you to pay off your bills? A couple of things to note: 1. It is virtually unheard of for a lawyer to guarantee a result in a litigation matter. 2. If the lawyer denies the guarantee, you... View More

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Q: what motions should I file first? Trial starts in a few weeks

While the Procecutor was making copies of the defendants personal notes for his cases now the judge said, ” All the little cases will be dropped but the big case was untouched. It’s a lie case they gave us only copies of his notes and case file. Not the originals. What motion do I file.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

It sounds like there might be prosecutorial misconduct. What stage of litigation is your case at? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

2 Answers | Asked in Criminal Law, Personal Injury and Legal Malpractice for California on
Q: DA and Public Defender were having an affair during my case. How can I reopen for further review, and overturn verdict?
William John Light
William John Light
answered on Jun 20, 2017

Hire a criminal defense attorney who specializes in appeals. File an appeal based upon ineffective assistance of counsel. File a complaint with the State Bar. http://www.calbar.ca.gov/Public/Complaints-Claims/How-to-File-a-Complaint

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1 Answer | Asked in Business Law and Legal Malpractice for California on
Q: Is there a liability cap on the amount a plaintiff may recover from an LLC for negligence?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 12, 2017

Typically not, but of course there may be limits on how much the defendants are able to pay based on their liability, assets, and insurance coverage limits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... View More

1 Answer | Asked in Legal Malpractice for California on
Q: Want to know if Past attorneys can be sued for malpractice and negligence for not doing their duty?

Had 4 different attorney firms that never subpoenaed or did a discovery on my ex-wife's Bank accounts in Canada during our California divorce in 2010, on-going to 2017.

My ex-wife's family gifts totalling $335,610 was never disclosed.

DissoMaster Temp. Alimony to Final... View More

William John Light
William John Light
answered on Jun 5, 2017

Yes, you could potentially sue for that. It is possible to subpoena records in a foreign country but it is a lengthy and expensive process. If you were willing and able to pay, and directed your attorney to do so, but he failed, it might be malpractice. Some problems are that, you likely knew... View More

1 Answer | Asked in Consumer Law, Employment Law and Legal Malpractice for California on
Q: My guard card was suspended for a misdemeanor petty theft charge as a minor. How do I get my guard card back?

Im 23 now my guard card was suspended about 3 years ago. Im just now getting back interested in the field.

William John Light
William John Light
answered on Jun 1, 2017

Contact the licensing board to see whether the misdemeanor will still affect your license.

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