Get free answers to your Legal Malpractice legal questions from lawyers in your area.
Plaintiff propounded interrogatory.
Defendant provided improper response to interrogatory In order to induce burden and delay: i.e. Defendant's non-specific intention to produce person for deposition, instead of providing distinct information about identity.
Objection to such... View More 
answered on Jun 13, 2024
The laws in written discovery in California are in the Codes Of Civil Procedure. The entire section is CCP §§ 2016.010 to 2036.050. The
Scope of Discovery is at CCP §§ 2017.010-2017.320. Specifics as to written discovery and motions to compel are at CCP §§ 2030.010-... View More
Plaintiff propounded interrogatory.
Defendant provided improper response to interrogatory In order to induce burden and delay: i.e. Defendant's non-specific intention to produce person for deposition, instead of providing distinct information about identity.
Objection to such... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024
Under California law, if a defendant provides an improper or evasive response to an interrogatory, the plaintiff has a few options to address the issue. The most appropriate course of action depends on the specific circumstances of the case and the nature of the improper response.
1. Motion... View More
Are California attorneys required to provide copies of letters or emails from opposing counsel if requested by their client? I requested a letter sent to my attorney from opposing counsel that I believe contains false accusations due to the way my attorney referenced the letter. My attorney is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024
In California, the Rules of Professional Conduct govern the ethical obligations of attorneys. Rule 1.4 of the California Rules of Professional Conduct addresses communication between attorneys and clients. It states that a lawyer shall keep the client reasonably informed about significant... View More
Now he no longer works for the firm his boss Chris says I'm not entitled to my money and and that we're not following the retainer agreement too many different stories he received my payment as follow I think I need to send a letter in the mail requesting all my money and then I what to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024
Under California law, if your attorney has stopped all communication and you believe there has been misconduct, there are several steps you should take. First, gather all documentation related to your case, including emails, payment records, and any correspondence with your attorney and their firm.... View More
The trust that had been consistent with beneficiary distribution for five weeks changed massively in the 25 minute meeting to sign the trust and left with no trust. When requested it was evident what happened and the request was made to send the correct trust With the minor changes that we’re... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
I'm sorry to hear about the situation with your father's trust and his passing. This sounds like a complex and difficult legal matter. In general, under California law, you may have some potential avenues to challenge the actions of the attorney or agent acting under a Durable Power of... View More
If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024
In California, mediation confidentiality is governed by Evidence Code sections 1115 to 1128. These provisions generally protect the confidentiality of mediation communications, making them inadmissible in future legal proceedings, including legal malpractice cases.
1. Breach of... View More
If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More
answered on May 20, 2024
Mediations tend to work because of the open communication they allow by the confidentiality rules. Claims and offers made during a mediation cannot be used as evidence if mediation fails. A mediator can only confirm there was a mediation but cannot be made to testify regarding facts/claims in the... View More
A party to lawsuit presents someone's SSN instead of SSN of real person, in order to cover up for fraud. Most likely SSN of a deceased person. How to validate validity of SSN is such scenario?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024
Validating the authenticity of a Social Security Number (SSN) in a legal context, especially when fraud is suspected, can be a complex process. Here are some steps that can be taken to verify the validity of an SSN:
1. Check the SSN format: Ensure that the SSN follows the correct format of... View More
I hope this message finds you well. I am reaching out to seek urgent legal assistance regarding a matter concerning the welfare of my children.
To provide context, it has recently come to my attention that my children, who were supposed to be in the care of foster parents with the intention... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024
I'm so sorry to hear about the deeply concerning situation with your children and the tragic loss of their father. This must be an incredibly distressing and overwhelming time for you.
Based on the details you've shared, it sounds like there may have been serious mishandling of... View More
why would a demand need amending?
When trying to settle during arbitration are numbers verbally communicated rather than on documents?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024
In arbitration with JAMS (Judicial Arbitration and Mediation Services), there are typically not two reference numbers. Usually, a single case number is assigned to the arbitration proceeding, which remains consistent throughout the process.
Each offer or counteroffer does not necessarily... View More
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
answered on Apr 20, 2024
Yes your can hire an out-of-state attorney. That attorney will need to associate with a California licensed attorney. That process is called pro hac vice.
As to whether your have a valid case or not, more facts would be needed for a good analysis.
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
answered on Apr 25, 2024
Yes, you generally can. As my colleagues correctly indicate, it will involve working with local counsel on a pro hac vice basis. Keep in mind that working in this manner could complicate a case with the inclusion of an additional law firm, resulting in additional expenses. Good luck
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024
You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More
I'm disabled, have PTSD and panic disorder. This stems from his client!
During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024
Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More
American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.
Thus, there should have been controls established to make sure that service of process,
meant to ensure delivery,
is not used as weapon against in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024
Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More
The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2024
In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.
1. Conflict of interest: An attorney has a... View More
If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024
Under California law, a settlement agreement typically requires the consent and signature of all named plaintiffs in a case. If there are two co-plaintiffs, both parties should be aware of and agree to the terms of the settlement for it to be considered final and binding.
In the situation... View More
If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More
answered on Apr 27, 2024
It hinges on California arbitration laws and the applicable forum's rules, but in some cases, it could depend on whether there was no good reason for the no show, the no-show wasn't announced to the case administrator, the case administrator's diligence in verifying missing... View More
I've engaged a lawyer on a semi-contingency fee basis, whereby I pay the first $100k, and then he gets 27% of the potential award. After one year, during which he lost an appeal and billed me $99k, he filed a motion to withdraw. Can I demand a refund of the money I paid him?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024
In California, an attorney who withdraws from a case is generally entitled to keep the fees they have earned up until the point of withdrawal, as long as the withdrawal is done for a valid reason and in compliance with ethical rules. However, the specifics of your situation may warrant further... View More
The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.
They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024
Based on the information you've provided, there are a few potential legal issues at play:
1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
