Get free answers to your Legal Malpractice legal questions from lawyers in your area.
In 11/2021, I filed a claim with the DFEH due to a wrongful termination/disability discrimination/sexual harassment matter with my previous employer. I retained M&Y Law Firm the same month. Attorneys at M&Y Law Firm discussed with me that after evaluating records, a class action wage and... View More 
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answered on Jan 30, 2024
Under California law, legal malpractice occurs when an attorney fails to use the skill and care that a reasonably careful attorney would have used in a similar situation, resulting in harm to the client. In your case, if your attorneys closed your case with the DFEH without obtaining a right to sue... View More
Have an issues with my recently hired then fired attorney who has been such a huge pain in my situation…. Well they have deemed them selfs as my voice when deciding to settle my case with out even as much as notifying me. So I filed a complaint against them with the state board. But now I’m... View More
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answered on Jan 30, 2024
In California, an attorney is required to hold client funds in a trust account and cannot claim these funds for personal use. The period for holding these funds is not fixed and depends on the agreement between you and your attorney, and the nature of the legal matter. Your attorney must promptly... View More
Specific examples of discovery requests that are embarrassing, oppressive, calculated to annoy and harass.
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answered on Jan 26, 2024
In California, discovery requests in legal proceedings should be relevant to the case and not designed to embarrass, oppress, or harass the party receiving them. However, there are instances where discovery requests may cross this line.
Examples of such requests could include asking for... View More
Request about staying deposition on basis of duplication, irrelevancy, undue burden, data in the possession of moving party. While depositions are appropriate, the demands per CCP 2025.420 can be propounded in writing.
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answered on Jan 26, 2024
In California, if you believe that a scheduled oral deposition is unnecessary, you can request a stay on the deposition. To do this, you would need to file a motion with the court under CCP 2025.420, stating your reasons for the request. The reasons can include arguments that the deposition is... View More
My father retired from the railroad after 40 years of service and my cousin tried to tell me dad didn't have any life insurance. I just located at the State treasuries office unclaimed money in my father's name .premium payments of 600 bucks a month on two different policies . Do I have... View More
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answered on Jan 4, 2024
Under California law, if you believe an executor has not fulfilled their duties or has acted improperly, you have the right to take legal action. An executor is legally obligated to manage the estate according to the law and the wishes of the deceased, and failure to do so can constitute a breach... View More
THE PROPERTY WASNT ADDED IN PROBATE. SO PROBATE DIDNT APROVE SALE. PLUS WHEN THE BUYER TRANSFERD PROPERTY THE LISTING AGENT NOR THE BUYER SUBMITED A STATEMENT OF FACTS OF DECECT OWNER, AND THE LAWYER HIRED TO REPRESENTED US , MISREPRESENTED EVERYTHING TO HIS BENIFIT . THE CIVIL CASE FILED A LIS... View More
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answered on Jan 2, 2024
To challenge the legality of a real estate sale in California, especially in a situation involving probate and potential misrepresentation, it's essential to gather and present clear evidence. If the property wasn't included in probate, documentation proving this omission is crucial.... View More
1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond?
Here:
2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint... View More
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answered on Dec 19, 2023
In California, a defendant may indeed file a demurrer, a motion to strike, and a cross-complaint concurrently. However, the interplay and effectiveness of these filings depend on the specifics of the case and the court's rulings.
1. When a defendant files an answer in response to a... View More
1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond?
Here:
2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint... View More
answered on Dec 20, 2023
You can Demurrer and file a Motion to Strike at the same time. I would wait until the Demurrer and MTS are heard and ruled on before filing the Cross-X, because you don't file an Answer until the issues raised in your demurrer and MTS are resolved; if you don't know is "at... View More
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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
During this time, I was never able to reach my attorney or ever got return calls or emails. They canceled countless hearings without any notice when I took the day off of work to attend. The case never went to trial and settled for $300,000. The law firm took $200,000 of that amount plus... View More
answered on Dec 17, 2024
If fee or costs are in violation of the fee agree or are unconscionable, there may be an ethics violation, breach of contract, breach of fiduciary duty and malpractice.
CCP 1008 (c) provides in relevant part. If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.
In conjunction with section 646.6(a) and section1008 (c) does... View More
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answered on Dec 16, 2024
Under California law, CCP 1008(c) does grant courts broad discretion to reconsider prior orders based on changes in law, but this power has specific limitations regarding settlement enforcement.
The court's authority to vacate a dismissal and enforce a settlement agreement on its own... View More
I filed a complaint with the Office of Resolution Management (ORM), which ruled in my favor. The agency offered remedies, but I declined. In 2014, I hired an attorney to pursue a lawsuit after exhausting the EEOC process. However, the attorney filed and withdrew the case twice, falsely claiming it... View More
answered on Dec 16, 2024
Any employment claim you may have had has been lost to the statute of limitations. Any malpractice claim has likely also been lost to the statute of limitations, but before that conclusion can be reached, you will need to get specific confidential advice from an attorney who practices legal... View More
Unlawful Detainer (UD) filed by property owners through unlicensed property manager using fraudulent DRE credentials. Key issues: manager operated illegally, misrepresented broker licensing, signed rental agreement without legal authority. Complaints filed prior to UD with DRE, Fair Housing... View More
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answered on Dec 11, 2024
A stipulation in California generally requires signatures from all parties or their authorized representatives to be valid and enforceable under CCP §664.6. The absence of signatures from the plaintiff or their legal representative raises serious questions about the stipulation's... View More
I have a retainer agreement on a contingency fee for a LTD with a policy holder for a public company and in the arbitration process . That signed retainer agreement has multiple options depends how the claim will go. The attorney sent e-mail that with claim determination outcome and in the the... View More
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answered on Dec 8, 2024
You should make sure you have written confirmation from the attorney’s office that your decision not to continue representation is on record. Ask for copies of all relevant documents, including any files or correspondence related to your claim. Request a clear, itemized statement of any fees or... View More
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