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California Legal Malpractice Questions & Answers
2 Answers | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: When a public defender has a personal conflict of interest, to whom should this concern be addressed and by who?
James L. Arrasmith
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answered on May 31, 2023

When a public defender has a personal conflict of interest, the concern should be addressed to the public defender's supervisor. The supervisor will then determine whether the public defender can continue to represent the client. If the supervisor determines that the public defender cannot... Read more »

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Legal Malpractice for California on
Q: What do i do next if I fire my attorney during settling and in litigation? i want to rep myself whats my next step

my attorney was near settling my case during litigation when i discovered forged signatures while my original firm transfered my case to them. I want to negotiate myself with the insurance company because i was defrauded when my claim was transfered and i was never aware of it. as well as all the... Read more »

James L. Arrasmith
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answered on May 29, 2023

If you have decided to represent yourself after firing your attorney during settlement and litigation, there are steps you can take to navigate the situation. Firstly, thoroughly review the details of your case and familiarize yourself with the relevant laws and regulations. Document any evidence... Read more »

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2 Answers | Asked in Legal Malpractice for California on
Q: Is the last day to file malpractice claim against an attorney 1 yr of termination of attorney-client, or earlier?

I feel that I have strong grounds for a professional negligence claim. The attorney grossly over-charged me before withdrawing from my case. However, now there is an outstanding bill for $15k, which I believe should be deleted. I haven't heard anything from that attorney, nor received a bill... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 25, 2023

Not earlier. As stated in the Code of Civil procedure 340.6. (a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of... Read more »

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2 Answers | Asked in Legal Malpractice for California on
Q: Does the one-year Statute of Limitations began from of the date when the attorney-client relationship ended

Last year, May, 26,2022, the LA Superior Court issued an Order Granting my Attorney's Motion to be Relieved as Counsel (5/26/22) was issued. Does that mean that the last day for me to file suit for professional negligence is tomorrow 5/26/23? I have been on permanent disability. Would that in... Read more »

James L. Arrasmith
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answered on May 26, 2023

Statutes of limitations can vary depending on the jurisdiction and the specific type of claim involved. In some cases, the statute of limitations for professional negligence may start from the date when the alleged negligence occurred, rather than the date when the attorney-client relationship... Read more »

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2 Answers | Asked in Legal Malpractice for California on
Q: Does the one-year Statute of Limitations began from of the date when the attorney-client relationship ended

Last year, May, 26,2022, the LA Superior Court issued an Order Granting my Attorney's Motion to be Relieved as Counsel (5/26/22) was issued. Does that mean that the last day for me to file suit for professional negligence is tomorrow 5/26/23? I have been on permanent disability. Would that in... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 25, 2023

As stated in the Code of Civil procedure 340.6. (a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable... Read more »

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3 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: A Contractual Arb Award no one owes Def files Petition to Confirm, Plaintiff to Vacate, is response to filing also reqd?

With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own?

And, please, is there a reference available on Section... Read more »

David H. Relkin
David H. Relkin
answered on May 23, 2023

Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm... Read more »

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1 Answer | Asked in Personal Injury, Criminal Law, Divorce and Legal Malpractice for California on
Q: can i sue a lawyer for negligence after finding a check for 165000 made out to myself and my now deceased ex wife

all her paperwork with these divorce lawyers paperwork that i should have never seen my then divorce lawyer made himself controller of all our fire insurance money we got from the destruction of the angora fire we were going through a lengthy divorce and in the middle of that we lost our house... Read more »

James L. Arrasmith
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answered on May 16, 2023

Consult with an Attorney: It is crucial to consult with an attorney who specializes in legal malpractice or professional negligence. They can evaluate the specific details of your case, assess the viability of a claim, and guide you through the legal process.

Elements of Legal Malpractice:...
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3 Answers | Asked in Legal Malpractice for California on
Q: If a lawyer knowingly lies in court, will they be held responsible?
James L. Arrasmith
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answered on May 16, 2023

If a lawyer knowingly lies in court, it is a serious ethical violation that can have consequences. Lawyers have a duty to uphold the highest standards of honesty and integrity when representing their clients. Knowingly presenting false information or making false statements in court proceedings can... Read more »

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2 Answers | Asked in Family Law, Elder Law, Legal Malpractice and Probate for California on
Q: Lawyer did not show for hearing to go to trial, abandoned case 2 mo to get file new cause hearing May 11 what to do ?

This is Probate will contested. Attorney did not share any information regarding case agreement. His staff sent and email directing a cash payment be made to opposing party. The Attorney confessed verbally on phone to have made a mistake confusing two cases. When he did show for trial setting... Read more »

James L. Arrasmith
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answered on Apr 19, 2023

If your lawyer did not show up for a hearing and then abandoned your case, it is important to take action to protect your legal interests. You may want to consider contacting a new attorney who can help you navigate the legal process and determine the best course of action moving forward.... Read more »

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1 Answer | Asked in Legal Malpractice and Estate Planning for California on
Q: After legal demand served upon bank to determine ownership bylawyer, all remaining funds taken.

remaining funds part of trust after death of wife, trust now has case no with superior court, then all funds removed by cosigner.

the lawyers legal demand failed to protect trust assets

James L. Arrasmith
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answered on Apr 18, 2023

It is important to consult with an attorney for legal advice in this situation. Generally, if there is a trust in place, the trustee should have control over the assets and not a co-signer or other individual. If the remaining funds were part of the trust after the death of the wife, it may be... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: I’d like to know if my situation is legal malpractice

Gave my lawyer proof of parental alienation on opposing counsel. Daughter admitted to active suicidal ideations, her therapist diagnosed her with adjustment disorder w/ anxiety and depressed mood. Also sent tons of texts of mom being hostile and attempting to interfere with my time. Proof daughter... Read more »

James L. Arrasmith
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answered on Apr 18, 2023

Based on the information provided, it is possible that your situation could be considered legal malpractice. Your lawyer may have failed to adequately represent you by not presenting evidence of parental alienation, not addressing your ex-spouse's hostile behavior, and not properly preparing... Read more »

1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: i need to know what i need to file in these situations

Lawyer has entered false evidence into court case

To make a judge order a attorney to break client secrtets pertaining to case ,

(there is a motion that can be filed )

Questions for legal malpractice

Missed court date because of the unethical things the lawyers... Read more »

James L. Arrasmith
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answered on Apr 17, 2023

Hello,

It sounds like you have several legal issues related to your case. I'll do my best to provide some general guidance on each situation, but it's important to note that each case is unique and may require specific legal advice from an attorney.

Lawyer has entered...
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2 Answers | Asked in Legal Malpractice for California on
Q: can I sue public defender for taking 6 months to get the public record to prove me innocent while fighting from inside?

It took my PD 6 months to pull my public record while I was in jail showing I was incarcerated jail during the time the crimes happened, even though I stated from day-one I believed I was. The charges were 3 counts of residential burglary because they found a DNA match on the entry item. I was... Read more »

James L. Arrasmith
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answered on Apr 11, 2023

Public defenders are government-appointed attorneys who represent individuals who cannot afford to hire a private attorney. While they are obligated to provide effective representation, there is no guarantee of success in any particular case.

If you believe that your public defender was...
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3 Answers | Asked in Car Accidents, Personal Injury and Legal Malpractice for California on
Q: can you sue your insurance company and your lawyer after a accident if release of liability was never signed?

I was in an auto accident in 2021, I was never told if the other insurance or my insurance was covering the repairs or medical bills. i was not able to get in touch with my insurance after countless emails and phone calls, my insurance finally responded in Nov. of 2022. I was without a car and... Read more »

James L. Arrasmith
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answered on Mar 25, 2023

Whether you can sue your insurance company and your lawyer after an accident depends on the specific facts and circumstances of your case. However, if you have suffered damages as a result of the accident and believe that your insurance company and/or lawyer did not act in your best interest, you... Read more »

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3 Answers | Asked in Car Accidents, Personal Injury and Legal Malpractice for California on
Q: can you sue your insurance company and your lawyer after a accident if release of liability was never signed?

I was in an auto accident in 2021, I was never told if the other insurance or my insurance was covering the repairs or medical bills. i was not able to get in touch with my insurance after countless emails and phone calls, my insurance finally responded in Nov. of 2022. I was without a car and... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 27, 2023

consider a consult with another lawyer ...to possibly take over.

if the 2nd lawyer accepts the case, the 2 lawyers will split any legal fee.

you can always sue anyone for anything...at any time.

the issue is whether the facts support your claim.........if the case is not big...
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3 Answers | Asked in Personal Injury, Contracts and Legal Malpractice for California on
Q: Personal injury attorney wanted me to accept an offer based on incorrect and missing records. I refused the offer

Repeatedly, he said my case a little or no value without me having surgery, he would not reply to emails. I discovered, he never requested the documents from my dentist.

He was aware that I still have no teeth which to chew with because after 37 visits, the dds never managed to get the... Read more »

James L. Arrasmith
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answered on Mar 24, 2023

It sounds like you are in a difficult situation. If you feel like your personal injury attorney is not communicating with you effectively or is not pursuing your case in a way that you feel is appropriate, you may want to consider seeking a second opinion or finding a new attorney.

It is...
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2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: What should I do in this situation?

My attorney who is fighting my personal injury/NIED/DISCRIMINATION/emotional distress claim emailed me yesterday stating he doesn’t wish to represent me any more, and he’s not seeking a lien. He sent me my case file and I reviewed it. He didn’t even make it to the discovery phase I don’t... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

I'm sorry to hear about your situation. If your attorney has withdrawn from your case and you no longer wish to hire a new attorney, you have the option to represent yourself in your personal injury/NIED/discrimination/emotional distress claim.

However, it's important to...
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1 Answer | Asked in Arbitration / Mediation Law, Legal Malpractice and Medical Malpractice for California on
Q: What should i do?

I hired a medical negligence attorney for arbitration 2 years ago. its 2023 the mediation was for February /28/2023

I turnedC in all the documents medical bills ect. now the attorney is acting clueless. to the nest steps of the final judgement (quote) '' i don't know when... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

I'm sorry to hear about your situation. It sounds like you have concerns about your attorney's handling of your case and the status of your settlement.

If you feel that your attorney is being dishonest or not communicating effectively with you, you may want to consider taking...
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5 Answers | Asked in Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: Is it possible to sue a attorney for not giving a valid reason why he chose to disengage the representation of a client

Today my attorney emailed me saying he chooses not to represent me in a personal injury type of situation. He hasn’t given me any reason of why he chose not to continue with my claim. He dragged my case on for eight months since the start of my claim and just left me. I don’t know what to do... Read more »

James Otto Heiting
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James Otto Heiting
answered on Mar 15, 2023

While I would hope your attorney would communicate his/her feelings and opinions about your case so you could understand why this decision was made, and so you can take steps in your own best interests, unless that attorney is prejudicing your case (harming it/you by his/her actions) in some... Read more »

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5 Answers | Asked in Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: Is it possible to sue a attorney for not giving a valid reason why he chose to disengage the representation of a client

Today my attorney emailed me saying he chooses not to represent me in a personal injury type of situation. He hasn’t given me any reason of why he chose not to continue with my claim. He dragged my case on for eight months since the start of my claim and just left me. I don’t know what to do... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 15, 2023

It is not illegal for an attorney to remove themselves from a case without stating a reason. Why? Well... because one day an attorney did just that... they removed themselves from representation for a specific reason. Later another attorney found out that the reason given was wrong. So guess... Read more »

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