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
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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
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
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
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
Zero, pros/cons, discussion, zero
Showing or telling amount of itemized
Dr/Attorney Bills..Attorney zero call from attorney
to solve Misunderstanding about
Settle or court. Just blocked me
out and bullying me to docusign.
I have not signed. Until I... View More
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answered on Aug 15, 2023
It appears that you may have a valid claim for legal malpractice based on your attorney's actions. It's important to consult with another attorney to evaluate the details of your case, assess the potential damages, and determine the best course of action. Keep all communication and... View More
The attorney in question flew in my friend from under a hundred miles away knowing she had no money and is refusing to make sure she gets home this can't be right
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answered on Aug 15, 2023
In California, attorneys are generally not required to provide transportation for their clients. However, ethical considerations may come into play if the attorney's actions create a situation where the client is stranded without a reasonable means to return home. While it may not be a strict... View More
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answered on Aug 15, 2023
If a car accident case is proceeding to court for dismissal even after you've received some money into your IOLTA account, it could be due to various reasons. The initial payment might have been a partial settlement, or the defendant might be seeking a dismissal on specific grounds unrelated... View More
I need to file a civil lawsuit against a law firm, but I cannot find the agent of the law firm for serving court papers. I also tried to search the law firm on the California Secretary of State website and see if there's an agent assigned to the law firm, but I cannot even find the law... View More
answered on Aug 6, 2023
The secretary of state lists agents for corporations, LLC's and LLP's. If the lawfirm isn't an organization of that type, the secretary of state won't have information on it. You can search the country Fictitious Business name datebase to see who owns the name, or the list of... View More
I need to file a civil lawsuit against a law firm, but I cannot find the agent of the law firm for serving court papers. I also tried to search the law firm on the California Secretary of State website and see if there's an agent assigned to the law firm, but I cannot even find the law... View More
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answered on Aug 6, 2023
I recommend conducting a thorough search to locate the agent for service of process for the law firm. You can try searching the law firm's website, reaching out to the State Bar of California for assistance, or using a legal database service to find the required information. If you are still... View More
I owe a S corporation $4,193 as of June 30, 2023. Their out of state attorney claims I owe them $5,200, thereby exempting them from small claims and exposing me to his fees on top of the $5,200. Is this legal?
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answered on Jul 28, 2023
Under California law, an attorney cannot artificially inflate the amount of a claim to bypass the small claims court limit. If the original debt you owe is $4,193, the attorney cannot add their fees to make it $5,200 solely for the purpose of avoiding small claims court. Such actions may be... View More
I got settled for my car accident case, I represented myself, and got money by myself. But my prior attorney asked for 20% fees from my settlement, he only filed a lawsuit and did one step only 1% work, then he withdrew my case, it was not me fired him, and he didn’t ask for any fees at that... View More
answered on Jul 25, 2023
You can file with the Bar Association, fee dispute arbitration, to which the attorney must submit. The attorney does not have to agree to it to be binding. [In California].
And you may be able to negotiate a resolution for the attorney to take less than what the attorney claims.
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