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California Legal Malpractice Questions & Answers
1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for California on
Q: How to find pro bono legal representation to fight CPS.

I stopped complying with CPS, after becoming aware of my rights that I allowed CPS to take from me. After realizing they were setting me up to have my kids taken from me. A court date occurred without my knowledge. A ruling was made against me, based upon unfounded allegations, false accusations. A... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

You can ask the Court for a new lawyer if the one you have is not doing the basic work required, or you may represent yourself using court forms and self-help resources at your local law library. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law... View More

1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: A former attorney friend of mine inserted himself in to an issue I was having. Without my consent , sent a letter

Putting the other party on notice so all communication between myself and the other party was directed to him. He then inflicted extreme emotional distress on me by using his power as an attorney to bully me all the while purposely missing deadlines and court dates . Is this legal malpractice?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 12, 2017

It depends on whether you hired him or not. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for California on
Q: I hope it doesn't matter that I'm in Arizona after a plea bargain I attempted to do a rule 32 my attorney never filed I

I would like to know if I can file a suit against him because he did absolutely nothing I was never able to present my case must I be held responsible for his negligence? I just want to know if I can do anything about it?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 6, 2017

If you're case was in AZ, then you want to contact an Arizona attorney about this question - you filed the question in the CA Q&A section. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

2 Answers | Asked in Contracts and Legal Malpractice for California on
Q: what is a retainers fee? in regards to a lawyer.

When a client and a lawyer separate and the lawyer requests a payment covered by the amount retained by the deposit, can a lawyer ask for more money by securing all paperwork involved with your case refusing to release any documents?

Andy Chen
Andy Chen
answered on Jan 2, 2017

Are you asking whether a lawyer you have let go (e.g. fired) can hold on to your documents and refuse to return them until you pay off a debt or unpaid bill with that lawyer? If so, the answer is no. The authority for this is California Rule of Professional Conduct 3-700. You can google that. What... View More

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2 Answers | Asked in Contracts and Legal Malpractice for California on
Q: I'm an atty. In a suit vs former client for fees, are there code provisions/cases what information I cannot disclose?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 29, 2016

See: https://apps.calbar.ca.gov/mcleselfstudy/mcle_home.aspx?testID=91

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or...
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2 Answers | Asked in Legal Malpractice for California on
Q: Can I take action against the lawyer on the other side for malpractice?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

Not for malpractice, but you may file a motion for sanctions and/or report them to the CA State Bar if they're abusing court process or acting in violation of laws or the Rules of Professional Conduct. The best first step is an Initial Consultation with an Attorney. You can read more about me... View More

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1 Answer | Asked in Divorce, Child Custody and Legal Malpractice for California on
Q: CAN YOU HELP me with 'pro bono' advise when a judge refused me a trial and i was awarded sole custody of my children?

I HAVE NO HISTORY of violence or anything... no abuse to my wife or children but somehow my wife who i detect is bipolar and her sister reported me to two CPS agencies of sacramento and placer of molestation... but they were caught lying... but they got attorneys who built a false case against me... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

I recommend you take advantage of the free resources, self-help divorce/ custody books, and court forms at your local law library and available online at courts.ca.gov. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More

1 Answer | Asked in Legal Malpractice for California on
Q: I think my lawyer is conducting settlement negotiations with the other side without keeping me in the loop.

Is that allowed?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 8, 2016

He should keep you informed of all work he's conducting on your behalf, but remember that you have sole ability to accept or deny a settlement while he has the ability to determine the strategy he'll pursue in your interests. You may want to hire a new lawyer if you feel uneasy and you... View More

2 Answers | Asked in Legal Malpractice for California on
Q: What can I do if my lawyer won't give me my file?
Andy Chen
Andy Chen
answered on Nov 24, 2016

It depends on the situation. Lawyers generally have an obligation to hand over a client's file upon request, such as when the client fires them. It is possible that your lawyer may have a good reason for withholding your file, but I am struggling to come up with one off the top of my head. If... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for California on
Q: Can I ask opposing counsel to stipulate that the alcohol receipts are his clients? If he doesnt can I get a continuance?

In California divorce cases, the “best interests of the child” is always the court’s top priority. When deciding child custody, the court may consider a parent’s history of drug abuse or substance addiction. In determining what is in the child’s best interests, the courts also must... View More

Andy Chen
Andy Chen
answered on Oct 5, 2016

You can ask the attorney to stipulate, but it is up to the attorney whether he/she will actually stipulate. Stipulations are, by definition, voluntary. Whether you can get a continuance is up to the judge and whether he/she buys your explanation.

I believe I have answered your postings...
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1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: If I feel that my attorney has misrepresented herself can i tell her how i feel in am email w/o her suing me?

My lawyer stated that she didn't have much experience in employment lawsuits and she needed another attorney to sit in with her in our meetings. Her bio states that she has over 30 years experience in employment lawsuits. she lied. I was never asked if it was okay with me if this person sat in.

Peter N. Munsing
Peter N. Munsing
answered on Sep 9, 2016

If it's a private email then it's not libel or slander. If you call someone something to their face that may be obnoxious but not

slander or libel. If you go around town saying "did you know x is a " then that can be libelous.

You may want to find...
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1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: What's better in attorney fee arbitration for client/public: the Client Security Fund or the Beverly Hills Bar Assoc.?

We file a complaint against unscrupulous attorney with the California State Bar.

We now want to file claim requesting attorney fee arbitration.

Also how long does arbitration take?

How much (estimate) would an attorney charge to represent in arbitration?

Where can... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 7, 2016

Your first priority should be the malpractice claim. For that reason I suggest you search for a lawyer who handles legal malpractice. There are not very men of them, but I suspect the Beverly Hills Bar Association might have a list. If that does not get you one, try the L.A. county Bar... View More

Q: Am I allowed to use the word kardashian in my domain. Like perezhilton does mine will something like kylekardashian.com?

The way that perezhilton.com wanted his name to sound similar to paris hilton, would I be able to use the same idea for the kardashian name? If I do not claim to have any affiliation with the family and is just a celebrity blog?

Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

You need to consult an attortney who handles trademarks and the like. It may be you can if the site has a disclaimer.

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for California on
Q: I had false accusations filed with cps. I had no evidence presented on my side, no legal representative and no judges.

Is it legal for cps to have proceedings without a judge signing anything

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2016

Depends --a hearing is required if your rights are impaired. Accusations are required to be taken. It is when CPS is initiating action that affects you that you have a right to a hearing. If you wish to have a legal representative I'd suggest you contact the Lawyer Referral Service or if you... View More

2 Answers | Asked in Legal Malpractice and Collections for California on
Q: When attorney wins a case and the plaintiff never recive her settlement what can she do about it
Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2016

Meet with the attorney.If you can't then there is a fee dispute resolution committee of most bar associations. Contact the County bar association for your county.

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1 Answer | Asked in Legal Malpractice and Real Estate Law for California on
Q: I had a case wherein I was left 75% of a valuable piece of property, transferred to me by joint tenancy with my mother

the deed was transferred 2004, My Mother had a trust in 1993 leaving assets 1/3, 1/3 and 1/3 to self and 2 children. The deed voided the trust.

An attorney advised my son I committed fraud, not giving him 1/3 of my 75% of property. we had a jury trial not of my peers, jury trial. I... View More

Richard Samuel Price
Richard Samuel Price
answered on Feb 17, 2016

This is a question you should be asking your attorney in your civil case. Appeals are complex and rely on setting a proper record at trial. Any grounds for your appeal must be from the record set in the underlying civil action.

1 Answer | Asked in Legal Malpractice for California on
Q: My lawyer tried to get us to settle a commercial case, when we decided not to, he is withdrawing, is it violatin ethics?

It's a commercial case, where we are the plantiff, suing someone who has taken our money, but didn't fulfill her contractual commitment.

Our lawyer's fee is based on contingency, we paid 5000+ 30% whatever we can get.

But the lawyer has tried so hard to get us to... View More

Adam Studnicki
Adam Studnicki
answered on Nov 16, 2015

More information about the specifics and timing is needed. Talk to a local legal malpractice or ethics lawyer for advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may...
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1 Answer | Asked in Legal Malpractice for California on
Q: Hi, wondering if you work with retaining property of ownership rights issues. Thanks, my name is Sergey

My personal property was unlawfully possessed and I need to take it back

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

Sounds like this is posted in the incorrect category. You can use the find a lawyer tool, or google, to search for lawyers.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it...
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1 Answer | Asked in Legal Malpractice for California on
Q: When does the statute of limitations for filing a legal malpractice claim in California start?

How can it be extended beyond the 1 year term? The attorney was retained after the wrongful act occurred last July and discharged in September. The substitution of attorney was filed with the court in October.

Adam Studnicki
Adam Studnicki
answered on Sep 17, 2015

If you have a substitute lawyer, how is there malpractice? There certainly might be. You should discuss it with your new lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and...
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1 Answer | Asked in Legal Malpractice for California on
Q: My attorney commited malpractice. How do I sue him. How do I get my files if he is under federal custody. Please help.

Cardealer defrauded me , so I hired attorney. Who just made things worse. I've called his office various times and have left messages. But no one returns my call. I just discovered that he is under federal custody. What do I do now?

Adam Studnicki
Adam Studnicki
answered on Jul 30, 2015

Hire another lawyer. They can assist you with this. You can also contact the California State Bar and see if they can shed any light on what's going on.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that...
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