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Legal Malpractice Questions & Answers
1 Answer | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Q: If I never signed a receipt, agreeing to my inheritance and releasing my attorney from liability, is this in my favor?

What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More

1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence, Legal Malpractice and Family Law for Utah on
Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa

s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:

As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it....
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1 Answer | Asked in Legal Malpractice and Medical Malpractice for New York on
Q: A malpractice claim was filed for allegedly negligence and malpractice against a provider.

The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2024

In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and Probate for California on
Q: Statue of limitation on fraudulent misrepresentation, concealment client & the court

What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate.... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).... View More

1 Answer | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: My mom was deaf and a patient at Sutter in Sacramento CA. She expired and was never offered interpreter. Who can help?

She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:

1. File...
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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: Can I request the emails/letters sent by my lawyer/paralegal on my behalf to defense attorney?

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

James L. Arrasmith
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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

1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: What documents can a defense attorney turn down for submission to AME doctor/evaluation?

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

James L. Arrasmith
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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

1 Answer | Asked in Personal Injury, Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Subpoenas are being approved by Arbitrator in case can an Attorney who is party to the case issue subpoenas covertly?

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

James L. Arrasmith
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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

1 Answer | Asked in Immigration Law and Legal Malpractice for Iowa on
Q: If I was misinformed regarding my case from my previous lawyer is it possible to submit a new petition?

We had submitted a petition for adjustment of status through my adult child. During the processes I was approved for a work authorization card, but when it came to apply to renew my lawyer had said I could not do that until we heard the result of the interview with the DHS, and so it appears that... View More

James L. Arrasmith
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answered on Mar 5, 2024

From what you said, it seems that you may have received inadequate or incomplete guidance from your previous lawyer. In such situations, it is possible to seek a second opinion from another immigration attorney and explore your options for submitting a new petition or rectifying the issues with... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Legal Malpractice and White Collar Crime for West Virginia on
Q: Is it legal for a attorney to rewrite and record deeds changing the description in the process of doing a deed of trust?

Recorded Deed of survey that I purchased and declared erroneous. Atty represented a bank that was in process of refinancing my home. I live in wood county Wv.

James L. Arrasmith
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answered on Mar 4, 2024

In the legal process of refinancing a home or handling real estate transactions, attorneys and banks often work with existing property deeds, which may include amending or rewriting them for accuracy or to reflect changes in the property's status. However, any changes to the description of the... View More

1 Answer | Asked in Contracts, Legal Malpractice and Small Claims for California on
Q: Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him

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.

James L. Arrasmith
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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

Q: Arrested for a public intoxication in 2008 and found out in 2014 there was an err on the arrest report and the DOJ

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Legal Malpractice for Texas on
Q: Is there some way to back out of a plea bargain is defendant signed for his sentencing?

My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and White Collar Crime for Colorado on
Q: Q: USC 29 sec. 440 201(c) 205,206, 208, 210 what does this mean? in relation to embezzlement of an irrevocable family &

Q: USC 29 sec. 440 201(c) 205,206, 208, 210 what does this mean?

in relation to embezzlement of an irrevocable family & embezzlement of the retirement pension of settler inheritance to :"all heirs" 

A concealed trustee & tort de son fiduciary adverse beneficiary in... View More

James L. Arrasmith
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answered on Feb 24, 2024

The reference to USC 29 sec. 440 201(c) 205,206, 208, 210 appears to be related to provisions within the United States Code, although the specific sections cited do not directly correspond to the context of embezzlement or trust and estate matters as described. Typically, the United States Code... View More

2 Answers | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.

Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in...
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2 Answers | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

James L. Arrasmith
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answered on Feb 25, 2024

To address the concerning events you've described, finding a lawyer experienced in estate law and possibly medical malpractice or elder law (depending on your situation) in Florida is crucial. This lawyer can help review the circumstances under which you signed the documents and assess whether... View More

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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: How do I legally switch an attorney who is not responsive at all?

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

James L. Arrasmith
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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

Q: Can the Defendant responses defer the 30 day deadline to respond to Motion for Sanctions by a submission response Other?

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

James L. Arrasmith
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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

1 Answer | Asked in Legal Malpractice for California on
Q: If the time window allowing for a Request to Set a Hearing has passed, what other remedies are available to a Plaintiff?

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

James L. Arrasmith
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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

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If Judgment was entered and you file a Renewed Motion to Vacate, do you also have to file a Motion to Set Aside Judgment

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?

James L. Arrasmith
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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...
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