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California Legal Malpractice Questions & Answers

1 Answer | Asked in Legal Malpractice and Wrongful Death for California on

Q: Case was an unlimited wrongful death suit against 1 civillian and I busisness who had legal duty to protect sister from

Lawyer doesn't want to honor our contract because he got 2 cases that would've been profitable tossed out of court by cancelling all depositions. Now he don't want to continue with case against my sister's killer because he knows this person has no assets. But we signed a contract.

Peter N. Munsing answered on May 23, 2019

Depends on the two cases being "tossed" and the reasons for them. Contact a member of CAOC who handles legal malpractice cases.

1 Answer | Asked in Legal Malpractice for California on

Q: does a defense legal counsel filing of false declaration in opposition to a summary judgment motion for summary judgment

Can an attorney who conceals the fact that the attorney has a relationship with the attorney tolls the statute of limitation and never made a written notice of the relationship required under Rule 3-310.

Kenneth Sisco answered on May 18, 2019

There are too many missing facts here. I think I can assume that you are talking about a conflicting relationship between your attorney and the opposing attorney. But, was it your attorney who made the false statement, or the opposing attorney? and did the statement have anything to do with the... Read more »

3 Answers | Asked in Constitutional Law, Consumer Law, Criminal Law and Legal Malpractice for California on

Q: Is it legal to negotiate a monetary settlement in exchange for not filing criminal misconduct of an attorney?

I believe negotiations of filing/not filing a complaint with the State Bar is not an option.....but is it legal to negotiate a settlement vs. reporting to law enforcement if that appears to be the only way to get financial compensation from being wronged?

And I am not just money hungry.... Read more »

Kenneth Sisco answered on May 16, 2019

I believe what you are suggesting is the essence of extortion, or blackmail, and you want to stay away from that. But all is not lost. For almost every crime there is a civil counterpart; just ask O.J. Simpson. As far as I know, there is no sanction for demanding compensation, or you will file... Read more »

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2 Answers | Asked in Contracts and Legal Malpractice for California on

Q: If I found forgery on my case file for important documents that needed my personal signature how should I follow up?

I have found on several documents in my case file that has my signature Forged on them. I know how I write my signature and it looks like someone the the lawyer office wrote it but I can’t be sure who it was but I know that it was not done by me. Any help will be extremely helpful!

William John Light answered on May 13, 2019

Some retainer agreements give a Power of Attorney to execute certain documents. If you contend that you would not have signed the documents, and that you have been damaged in some way, contact the State Bar.

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1 Answer | Asked in Legal Malpractice for California on

Q: Are you legally required to give an officer an ID if he has not articulated or accused you of committing a crime

William John Light answered on Apr 24, 2019

Police may obtain the identification of someone whom they reasonably suspect of having committed a crime. If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification. Different rules... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for California on

Q: I have question. I have wrongful termination and discrimination

Had hairs attorney and sign agreement 40% than file complaint DFEH we have right to sue, and in the letter said have within 30 days to file complaint at EEOC but the attorney didn’t, the want me sign another agreement more high then we passed the time to file complaint at EEOC and when I ask why... Read more »

Neil Pedersen answered on Apr 18, 2019

I am sorry but your post is not very clear. I will try to provide some guidance.

An employee who is terminated (i.e., discriminated against) because of their membership in a protected class who worked in California has options about which law he or she wishes to use to enforce their...
Read more »

2 Answers | Asked in Business Law, Consumer Law and Legal Malpractice for California on

Q: surplus funds due to be collected.Some attorney lied said i hire her but i dont know this person.I havent seen contract

What is California statue of limitations on a case like this? And does this ever happen to other people or just to me

Scott Richard Kaufman answered on Apr 18, 2019

You may want to WRITE to this person to see what is up?

Most (honest) attorneys will respond swiftly with an explanation.

Failure to respond timely may show s/he knows they did

something wrong. Then you may take it to the next level, like

opening up a BAR inquiry?

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1 Answer | Asked in Legal Malpractice and Probate for California on

Q: I was executer of estate and my attorney discouraged me from submitting my creditors claim and assets not protected help

The order of probate was not followed the statuary fee way over exceeded the amount in assets the attorney met with the other side not just the attorney the actual people the decedent owned property we received nothing the decedent was in a very lucrative industry with 2 other partners one partner... Read more »

Kenneth Sisco answered on Apr 5, 2019

Statutory fees are paid first, so, if statutory fees exceed the value of assets, filing a creditor's claim would make no difference. If property was wrongly excluded from the estate; that is a completely different problem.

3 Answers | Asked in Civil Litigation, Contracts and Legal Malpractice for California on

Q: Someone has made themselves my legal representative without informing me without my consent, what can I do about it?

I’ve never had my competence under question or any psychological evaluation for anything. I’m of sound mind and fully capable of making my own informed decisions. Someone has appointed themselves legal representation for me and has basically been signing away my life. What can be done about... Read more »

Kenneth Sisco answered on Apr 5, 2019

There are obviously a lot of missing facts here. If you do not know the person who is "pretending" to represent you, your first call should be to the police. Your second call(s) should be to the person(s) who has been contacted by this "imposter." If you do know the person, you should ask that... Read more »

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1 Answer | Asked in Real Estate Law, Legal Malpractice and Probate for California on

Q: Its hard to explain my issue.There's a deed recorded,I say its not legal. Its my house but How to exit probate court?...

I say the deed is not legal because deed shows the Grantor is an estate that I used to be executor and only heir but this estate had ended, it was CLOSED years before this "bogus" deed was signed and recorded. So whoever tried to pull a fast one on me by recording a deed without my knowledge didnt... Read more »

Kenneth Sisco answered on Apr 1, 2019

There are still far too many facts missing to provide a really definitive answer. But, ultimately, if not settled, a lawsuit will need to be filed to cancel the "bogus" deed and quiet title. A forged deed is not merely voidable, but it is absolutely void. If someone forged your name, and you can... Read more »

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for California on

Q: How do I obtain full disclosure on my case, specifically discovery ?

I’ve never been arrested. I want every detail from both sides from beginning to end. I believe I was kept in the dark about many things.

William John Light answered on Mar 26, 2019

Unclear on what type of case this is. After discharge (firing) of your attorney, you are entitled to your file from your attorney, except the attorney work product. The return of the client’s files is covered in RPC 3-700(D)(1) which states:

“A member whose employment has terminated...
Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Constitutional Law and Legal Malpractice for California on

Q: Is a text Message considered valid factual evidence?

My friend texted me and tipped me off about someone who wanted to physically hurt me seriously and they follow through

Dale S. Gribow answered on Mar 26, 2019

MORE INFO NEEDED.

YOU WANT TO SAVE THAT FOR YOUR LAWYER WHO CAN GET MILEAGE OUT OF IT

1 Answer | Asked in Legal Malpractice for California on

Q: My lawyer had no malpractice insurance. I have a case but no attorney will take my case because of this. Any pro bono?

I lost my foundation case against the flipper and was ordered to pay 110K in attorney fees. Found out through hiring a Real estate lawyer that there was legal malpractice committed. We filed an appeal but both lawyers (he is still on our case) state that we need to drop it because we might incur... Read more »

William John Light answered on Mar 25, 2019

If you lost money due to theft or dishonest, you can make a claim with the State Bar Client Security Fund:

calbar.ca.gov/Public/Complaints-Claims/Client-Security-Fund

1 Answer | Asked in Civil Rights, Criminal Law, Legal Malpractice and Communications Law for California on

Q: The police removed my anonymity as they had information I gave them from calls I made to dispatch. Is this legal?

I live in an area that has serious traffic issues. I created an anonymous email account to contact city council about this. I also called the police a lot about this and gave my name to the dispatch center. In an email response from the police that included the city council, my name was used. Is it... Read more »

Dale S. Gribow answered on Mar 13, 2019

this is not my area of law but I assume absent an agreement you might have an uphill road to climb.

anyone can sue anyone for anything at any time........the question is what is the value?

you can always sue in small claims for a minimal cost, and sue for up to $10k, but you must...
Read more »

Q: I was convicted of a crime and feel I've been abused by the system what should I do?

Ive been a victim of malicious prosecution. Racial, bias, discriminating acts from judge, DA, Public defender, sheriff's, and a racist jury with 12 white people and 1 Hispanic. Lies under oath, couching of witnesses, who were the same sheriff's that threaten me. Then acted on those threats by... Read more »

Louis George Fazzi answered on Feb 8, 2019

Reach out to the ACLU [https://www.aclu.org/],

or contact the Innocence Project [https://californiainnocenceproject.org/?gclid=CjwKCAiA7vTiBRAqEiwA4NTO619-Cl7XEVBnG1ildi__nhZVMsPTWVi4E3yqcx9_XbJZE06PEobbxoC4JgQAvD_BwE]

You can copy and paste either link in your browser....
Read more »

1 Answer | Asked in Estate Planning and Legal Malpractice for California on

Q: The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc.

The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc. An accounting with hard numbers was sent after one year and after repeated requests with no back-up. She has ignored all requests. I believe she allowed the real property in the... Read more »

Genene N. Dunn answered on Jan 23, 2019

You usually have to start with a request as you have done so and the law typically gives them 60 days to respond. If you still aren't provided with the proper information by then your only recourse is to file a trust petition with the court. This is not a full lawsuit, but rather a petition asking... Read more »

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on

Q: My question is I fell and broke my toe.. went to the Er had X-rays done and nurse practitioners said no broken toe

I got a copy of the X-rays taken that night and it’s broken.. 2 days later I went to another hospital did X-ray and it’s broken.. I need surgery on my toe .. what can I do

William John Light answered on Jan 17, 2019

Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.

Q: 2012,13, 15 were consaldated. Does statute of limitations matter when your not covicted until 2017? What's fair?

I was arrested in 2015 while fighting cases from 2012. then arrested again in 2013, this time I was threatened. Then in 2015 while fighting the cases from 2012,13, the same sheriff's who threatend me came back to my house May 9th 2015 where on good faith I let them in to do there job. I was... Read more »

Steven McNicholl answered on Jan 9, 2019

Your claim against the police officers would be a civil claim under injury to person. You must pursue your claim within two years in the State of California. After two years, it will be difficult or impossible to make your claim.

1 Answer | Asked in Estate Planning, Elder Law and Legal Malpractice for California on

Q: Is there a conflict of interest when a lawyer supports beneficiaries' efforts to dissolve his clients' irrevocable trust

In 1998, he created a QPRT for them, which owns their home. Their three adult children are beneficiaries. Two of the beneficiaries don't like the idea of inheriting a house without a step-up in basis. The lawyer wrote to the third, who is the successor trustee, to tell her that, and also that, if... Read more »

Joel Gary Selik answered on Dec 31, 2018

Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.

1 Answer | Asked in Consumer Law, Legal Malpractice and Federal Crimes for California on

Q: Is it legal to transport a survival multitool/camping axe in your vehicle in California?

William John Light answered on Dec 30, 2018

Under CA law, it is unlawful to conceal a knife, or stabbing weapon, upon your person. Whether a stabbing weapon within reach in your car is "upon your person" might be a question for a jury to decide. An axe would not generally be considered a stabbing weapon. Also, folding knives, like... Read more »

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