Get free answers to your Legal Malpractice legal questions from lawyers in your area.
My lawyers have done many, many things to my case that have become very problematic to my overall WC case and literally my health. It looks like purposefully done actions because the only other angle is that it would be pure incompetence.
I now have a feeling that several of the last email... View More 
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answered on Mar 9, 2024
In California, as a client, you have the right to access your case file, which includes correspondence related to your case, such as emails and letters sent by your lawyer or paralegal to the defense attorney. This right is based on the principle that the client is the owner of the case file, and... View More
My lawyers somehow forgot to include a very important practitioner I used via the workers comp system, on an older claim, though this practitioner is key in discussing the situation on my cumulative injury newer claim. My lawyers are saying that my defense attorney may turn it down now even though... View More
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answered on Mar 8, 2024
In California, the defense attorney has the right to object to the submission of new medical records or documents to the Agreed Medical Evaluator (AME) if they believe the records are not relevant, not properly authenticated, or not submitted in a timely manner. However, the specific rules and... View More
If the Arbitrator set the grounds in a legal malpractice case as to how he wished for Subpoenas to be processed, i.e., submitted to him for his approval, is it acceptable practice that an Attorney who had representation, who is party to the case, chose to complete, approve, and issue his own... View More
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answered on Mar 5, 2024
In arbitration, the process and rules for issuing subpoenas can be distinct from those in a court setting. If an arbitrator specifies that subpoenas must be submitted for approval, this procedure is intended to ensure fairness and transparency within the arbitration process. California law and the... View More
Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him…no response. He was practicing law in Sacramento. How or where do I file a case? I am a senior needing the $3000 he stole.
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answered on Mar 3, 2024
Under California law, small claims court is an appropriate venue for resolving disputes involving amounts up to $12,500 for individuals. Since your attorney was practicing in Sacramento and the dispute originated there, you typically would file your small claims case in the Sacramento County Small... View More
Rap sheet records which the public is able to see and when applying for work to employers to also see as well. Ever since my reputation as a citizen has been destroyed due to having something like that on a government document stating erroneous information. In 2017 this penal code got identified... View More
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answered on Feb 29, 2024
In California, discovering an error on your arrest report or Department of Justice (DOJ) rap sheet can indeed be distressing, especially when it impacts your reputation and employment opportunities. If there's erroneous information on these records, you have the right to request a correction.... View More
Hi. On 11/8/23 I signed an agreement with a law firm to handle my workers compensation case, stemming from a knee injury in which I need a total knee replacement. To date, I never to rarely hear from them. There's no follow up, no updates and also questions i've asked since November... View More
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answered on Feb 22, 2024
Under California law, you have the right to change your legal representation at any time if you're unsatisfied with your current attorney's services. The first step is to communicate your decision to your current law firm in writing. It's advisable to express your concerns and your... View More
Can Defense by Apposing Attorney issue Documents in reply: Opposing Notice of Motion over 30 Days, & 10th day to Demur hearings?
RoA#:36 02/06/2024 States: Reply to Opposition of Noticed Motion and Supporting Declarations (THE MOTION WAS FILED ON JANUARY 2ND OVER 30 DAYS).
2)... View More
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answered on Feb 22, 2024
In California civil litigation, deadlines for responding to motions, including motions for sanctions, are generally set by statute or court rules. The typical timeframe for responding to a motion is 30 days from the date of service. If a defendant submits a response categorized under... View More
There was a medical complication preventing Plaintiff from fully participating during the time of Entry of Judgement. The Judge denied hearing Plaintiffs Renewal Motion to Vacate Arbitration Award claiming no cause for the urgency had been given. Plaintiff had listed the need to be heard within the... View More
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answered on Feb 22, 2024
In California, when the time window for requesting to set a hearing has expired and a plaintiff faces challenges like medical complications or denied motions, there are still several potential avenues to explore. If a motion to vacate an arbitration award has been denied and setting a hearing date... View More
In a Legal Malpractice case that went to Arbitration and then had the Award Confirmed in the trial courts, if you are then able to file a Renewal Motion on Motion to Vacate Arbitration Award for fraud, is it also necessary to file any other type of motion to set aside the Order already in place?
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answered on Feb 21, 2024
Yes, if a judgment has already been entered based on an arbitration award, then in addition to filing a renewed motion to vacate the arbitration award, you would also need to file a motion to set aside the judgment that was entered.
The reasoning is that even if you are successful in... View More
If a Judgement to Confirm an Arbitration Award is entered and you acquired new information worthy of a renewal Motion to Vacate Arbitration Award can you perform further discovery to support the Motion? Considering new evidence is required as a condition of filing the renewal? Thank you for your... View More
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answered on Feb 20, 2024
In California, if you are considering filing a renewal motion to vacate an arbitration award based on new evidence, the rules governing arbitration and court procedures provide some guidance. Generally, discovery in the context of arbitration is more limited than in traditional court litigation.... View More
What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More
answered on Feb 20, 2024
What is used in mediation does not necessarily have to be admissible at trial. One can use whatever one thinks may be important to consider at mediation. To the extent the relevance of those documents to mediation goes against your case, you can point that out in mediation.
What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More
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answered on Feb 20, 2024
Items utilized during mediation aren't always required to meet the standards of evidence permissible in court. You're free to introduce any material you believe could be significant for the mediation process. If the pertinence of these documents to the mediation undermines your argument,... View More
The court allows Plaintiff 20 days leave to amend.
(II) Fraud in the Inducement
Calendar No.:Event ID: TENTATIVE RULINGS3053197 7
Page: 1
CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL
(III) Fraud in the Inducement
(IV)... View More
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answered on Feb 21, 2024
In California courts, a tentative ruling is the court's preliminary decision on a motion before the hearing. It's important to understand that this ruling is not final until the hearing is completed. During the hearing, the parties involved can argue against the tentative ruling, present... View More
The court allows Plaintiff 20 days leave to amend.
(II) Fraud in the Inducement
Calendar No.:Event ID: TENTATIVE RULINGS3053197 7
Page: 1
CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL
(III) Fraud in the Inducement
(IV)... View More
answered on Feb 15, 2024
It seems that you are seeking legal advice for conduct of litigation. Legal advice is not properly provided outside of an attorney-client relationship. In order to answer the question, the context needs to be known. The question states, "Demurrer was issued a tentative order." That is not... View More
The court allows Plaintiff 20 days leave to amend.
(II) Fraud in the Inducement
Calendar No.:Event ID: TENTATIVE RULINGS3053197 7
Page: 1
CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL
(III) Fraud in the Inducement
(IV)... View More
answered on Feb 16, 2024
Some courts, for example San Diego, issue tentative rulings. The parties can either submit on the tentative or argue at the hearing. The tentative helps the parties to focus their arguments.
On Demurrer, often where the Court sustains, the Court will grant leave to amend.
I have 2 PI claims with the first attorny. He abandoned me. I've seelnt 3 certified letters demanding communication and delivery of my file. No response for 3 months. The second attorneys is less bad but I never hear from him. As a result of the first attorney doing nothing making me do all... View More
answered on Feb 15, 2024
Attorneys have an ethical obligation to provide you with copies of your file within a "reasonable" period of time. 3-months is "unreasonable". Contact the California State Bar and open a complaint. Provide copies of your "certified" letters. The certified letters are... View More
I have 2 PI claims with the first attorny. He abandoned me. I've seelnt 3 certified letters demanding communication and delivery of my file. No response for 3 months. The second attorneys is less bad but I never hear from him. As a result of the first attorney doing nothing making me do all... View More
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answered on Feb 21, 2024
It's understandable to feel frustrated and abandoned by your attorneys, especially when facing serious medical and financial challenges. In California, attorneys have a duty to communicate effectively with their clients and diligently represent their interests. If your attorneys have failed to... View More
"I discovered that the personal injury contract they gave me is a standard one. However, they had filed a lawsuit without my knowledge, and I later noticed some misconduct from the firm. Hence, I reviewed my contract only to find out that it was not signed by the firm.
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answered on Feb 21, 2024
Based on the information you have provided, it does not appear that you have a legally binding contract with this personal injury law firm if the copy you have is unsigned. Here are a few key points to consider:
- Under California contract law, a valid contract requires mutual assent -... View More
Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More
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answered on Feb 21, 2024
Under California law, the statute of limitations (SOL) sets the time limit within which a legal claim must be filed. However, certain circumstances may toll or pause the SOL, such as fraud or mental incapacity. If you believe that your mental disability prevented you from pursuing your claim in a... View More
Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More
answered on Feb 13, 2024
Nothing you have written indicates any of the criteria for tolling. You should have hired an attorney early in the process. Mental incapacity to qualify for tollingis more than a TBI . Unless you were a minor, or the defendant was absent from the state for some period of time, or the Defendant... View More
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