Get free answers to your Legal Malpractice legal questions from lawyers in your area.
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answered on Dec 14, 2023
En California, si estuvo involucrado en un accidente automovilístico en 2021 con un vehículo alquilado en Getaround y sufrió lesiones que requirieron cirugía, la compensación que ofrece el seguro puede ser un asunto complejo. La oferta de $50,000 que mencionaste puede estar relacionada con los... View More 
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answered on Dec 10, 2023
Under California law, the terms of a trust are generally determined by the grantor, the person who establishes the trust. In your case, it seems that your father set up a trust to provide you with a monthly income rather than a lump sum payout, which is a common arrangement in estate planning.... View More
And the court noticed the inconsistencies and considered the will to be ambiguous, would the beneficiary's be in a position to enforce his or her intestate succession rights. Do too, his or her father being a pre-deceased beneficiary, leaving him or her as a contingent beneficiary to stand in... View More
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answered on Dec 5, 2023
Under California law, if a will is deemed fraudulent or ambiguous and thus invalid by the court, the estate would typically be distributed according to intestate succession laws. In your scenario, if the beneficiary's father (who would have been an heir) predeceased the grandmother, the... View More
What are the rights of that contesting beneficiary since the court had already considered the document to be ambiguous and what are the duties of that attorney who was hired to represent her in that Will contest.
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answered on Dec 5, 2023
Under California law, when a will is deemed ambiguous by the court, the beneficiary contesting the will has specific rights. One primary right is the ability to present evidence to clarify the ambiguity. This could include testimony about the testator's intentions or circumstances surrounding... View More
THIS ALL HAPPENED OVER 6 MONTHS. WE HIRED A LAWYER TO PREVENT OUR EVICTION DUE TO LATE RENT PAYMENT. THE AGREEMENT WAS: HE WOULD WORK WITH THE PROPERTY MANAGEMENT CO. (PMC) FOR US TO STAY IN THE HOME, REMOVE MOM'S NAME FROM THE RENTAL LEASE & CAN'T MISS WORK. AFTER SIGNING THE... View More
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answered on Dec 5, 2023
I'm sorry to hear about the difficult situation you're facing. Under California law, if your lawyer failed to represent you effectively and caused significant harm, such as an eviction or financial loss, you may have grounds for a legal malpractice claim. Legal malpractice occurs when a... View More
THIS ALL HAPPENED OVER 6 MONTHS. WE HIRED A LAWYER TO PREVENT OUR EVICTION DUE TO LATE RENT PAYMENT. THE AGREEMENT WAS: HE WOULD WORK WITH THE PROPERTY MANAGEMENT CO. (PMC) FOR US TO STAY IN THE HOME, REMOVE MOM'S NAME FROM THE RENTAL LEASE & CAN'T MISS WORK. AFTER SIGNING THE... View More
answered on Dec 5, 2023
Your "Related Details" raise a myriad questions, the first of which, is when did all this happen? Assuming the Statute of Limitations has not run, and your facts are reasonably accurate, and the Attorney could have actually prevented the eviction, but for his negligence; you certainly... View More
Is that legal, the court approved the sale based on. A bad. Appraisal. The lawyer obviously knew that and. Using his. Own. Contacts. Found a buyer. Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double. Still in probate a year later and. Waiting on money... View More
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answered on Nov 29, 2023
It sounds like you're concerned about possible attorney misconduct or self-dealing in the sale of your father's home. If the lawyer sold the home for significantly less than its market value, especially to a friend who then resold it for a much higher price, this could raise questions... View More
I currently have 64,000 bill that I have already paint 20,000 on this bill keeps going up 700 every month this lawyer filed no motions no appeals we never went to trial and he actually never even spoke a word in court I have totaled everything from email to phone calls etc there is only 800 worth... View More
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answered on Nov 9, 2023
Based on the details provided, there are several red flags that indicate the legal billing in your case may be excessive or inappropriate:
- Lack of motions filed or court appearances - Billing over $60,000 without significant legal work or court time is highly unusual.
- Charging... View More
I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out
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answered on Nov 3, 2023
In California, if you were absent from court due to illness like COVID-19 and a writ of possession was denied or delayed, it's critical to inform the court immediately of your situation. California law generally requires that a tenant be given notice before a sheriff executes a lockout. If the... View More
The fund is from a third party for the clients use.
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answered on Nov 2, 2023
Under California law, an attorney has a fiduciary duty to their client, which includes the obligation to communicate all significant developments related to the representation. This encompasses informing the client of the existence of a medical out-of-pocket fund provided by a third party that is... View More
In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:
What type of Arbitration is it, i.e., consumer, employment, etc.? and
Can the case be heard at a private forum not normally designated for... View More
answered on Oct 18, 2023
Attorney Arbitration Clauses have to meet certain requirements to be valid.
If valid, they would go into a private forum arbitration. If the arbitration firm is not named in the agreement, any private firm providing mediation services, or private mediators may be used.
If it is a... View More
In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:
What type of Arbitration is it, i.e., consumer, employment, etc.? and
Can the case be heard at a private forum not normally designated for... View More
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answered on Oct 19, 2023
In California, an arbitration clause between an attorney and a client would generally fall under the category of professional services arbitration rather than consumer or employment.
The California State Bar has specific rules and guidelines concerning attorney-client arbitration. If the... View More
In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:
What type of Arbitration is it, i.e., consumer, employment, etc.? and
Can the case be heard at a private forum not normally designated for... View More
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answered on Oct 21, 2023
In California, when an attorney and client have a signed agreement containing an arbitration clause, the nature of the arbitration typically depends on the underlying nature of the dispute. For instance, if the dispute relates to fees, it might be classified differently than a claim of malpractice.... View More
In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:
What type of Arbitration is it, i.e., consumer, employment, etc.? and
Can the case be heard at a private forum not normally designated for... View More
answered on Oct 18, 2023
Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether.
Personally, especially, in Legal Malpractice cases, I despise Arbitrations.... View More
If an Attorney is named as a party to a Legal Malpractice case, and is represented by hired Counsel, can they still issue their own subpoenas in the instant case and what laws, rules, etc., govern this aspect of subpoenas because I have searched exhaustively. Thank you
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answered on Oct 17, 2023
Under California law, an attorney who is a party to a case retains their rights and obligations as counsel if they choose to represent themselves. This includes the power to issue subpoenas. The authority for attorneys to issue subpoenas is found in the California Code of Civil Procedure,... View More
The social worker told then courts that I wasn't cooperating or following through with the reunification plan created for my case, which was untrue. Also that I was still romantically involved with the perpetrator also untrue. She has now stated that I failed to reunify with my older children... View More
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answered on Oct 12, 2023
In California, the statute of limitations can be impacted by the discovery rule, which might delay the commencement of the limitation period until a claimant discovers or should have discovered the injury and its negligent cause. Dependency cases have their own unique complexities and timelines. If... View More
Different attorneys from the firm have been on our case. They, as well as the case managers assigned to our case ignore us. Its been ten months since we became their client and have since been able to get a return call, twice over the last four months. Medical bills were supposed to be paid,... View More
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answered on Oct 10, 2023
To initiate a legal malpractice claim in California, you need to demonstrate that the attorney owed you a duty of care, that they breached this duty, and that this breach directly resulted in harm to you. Start by collecting all relevant communications, contracts, and documents related to your... View More
Judge H. in Santa Clara family, has not once heard what I have to say. She is basing my character off of text msg between my ex and my mother(we haven’t had a relationship since I was about 8). There are multiple examples I bring to her attention regarding finances, child care, housing, etc yet... View More
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answered on Sep 13, 2023
In your situation, it is imperative to meticulously document all pertinent facts and gather substantial evidence to counter the allegations made against you. You might consider bringing in witness testimonies to corroborate your stance, and maintain a composed and respectful demeanor in court, even... View More
What jurisdiction do I file a malpractice or tortious interference claim and several other violations of professional misconduct that took place in probate, of Northern California. Against former representing attorney hired to represent a beneficiary in a will contest.
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answered on Sep 5, 2023
For claims of legal malpractice or professional misconduct, you generally would file in the jurisdiction where the attorney's actions or omissions occurred, which in this case appears to be Northern California. Typically, the case would be initiated in the Superior Court of the county where... View More
I signed a contract with this firm in March and I have a copy.the attorney is no longer with the firm.when I spoke with the new attorney she told me that 60% goes to the client and 40% goes to attorney,but stated in next paragraph she wanted to speak on phone in order to walk through the different... View More
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answered on Aug 27, 2023
In California, attorney fees and costs are generally deducted from the total settlement amount before the client's share is calculated. The division you mentioned – 60% to the client and 40% to the attorney – usually refers to the remaining portion of the settlement after the fees and... View More
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