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California Legal Malpractice Questions & Answers
3 Answers | Asked in Legal Malpractice and Criminal Law for California on
Q: Can my Public Defender continue my trial despite my objection and no evidence?

I asked my Public Defender not to continue my trial, but she continued it anyway. She wants her investigator to interview my sister because she overheard me telling my mother during a phone call that I had been drinking and would have someone else drive. The trial was supposed to start today after... View More

Mario Tafur
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Mario Tafur
answered on Apr 10, 2025

From what you’ve described, your public defender requested the continuance to allow an investigator to interview your sister, who may have overheard a conversation relevant to your case. This suggests an effort to uncover evidence that could impact your defense, which courts typically view as a... View More

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3 Answers | Asked in Legal Malpractice and Criminal Law for California on
Q: Can my Public Defender continue my trial despite my objection and no evidence?

I asked my Public Defender not to continue my trial, but she continued it anyway. She wants her investigator to interview my sister because she overheard me telling my mother during a phone call that I had been drinking and would have someone else drive. The trial was supposed to start today after... View More

Michelle Laurin Silva
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answered on Apr 10, 2025

It sounds like your public defender needs more time to prepare for trial (by having an investigator interview your sister). Your attorney can request a continuance over your objection, and the court can grant that request over your objection. The court will take into consideration your right to a... View More

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3 Answers | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for California on
Q: Dismissed attorney for Workmen’s Comp and need guidance on self-representation process.

I recently dismissed my attorney from my Workmen's Compensation case by sending a Notice of Dismissal with a cover sheet and Proof of Service. I processed all paperwork downtown and mailed out notices to all parties two days ago. However, I haven't received any documentation indicating my... View More

Dennis Dascanio
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answered on Apr 8, 2025

Dear injured worker,

It appears that you properly processed the paperwork however you want to be sure that it is processed through the WCAB as well. Also available to you at the WCAB is the Information and Assistance officer who is skilled in assisting individuals who are self represented....
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2 Answers | Asked in Legal Malpractice and Civil Litigation for California on
Q: How can I sue my attorney for malpractice and conspiracy in CA?

I want to file a malpractice lawsuit against my previous attorney, whom I haven't officially released from liability. He has a significant position on the State board referral service, which has made finding representation difficult. Despite contacting over 50 attorneys, I'm continually... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 7, 2025

Thank you for your posting. I am sorry for what you have had to go through.

There are many reasons why attorneys will not take on cases. While it is true that if the legal malpractice attorney has a relationship with the attorney they will not take on a case, but legal malpractice...
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Q: Unjust dismissal and alleged signature forgery by attorneys led to loss of home in CA.

I was unjustly dismissed after 18 years of employment and am permanently disabled due to a back injury. A group of lawyers allegedly falsified my signature to gain benefits for themselves. This fraud also involved real estate deception that left me homeless in San Luis Obispo, CA. I have... View More

Mario Tafur
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Mario Tafur
answered on Apr 8, 2025

Starting with the alleged forgery of your signature by attorneys, California Penal Code Section 470 defines forgery as a serious offense, encompassing situations where a signature is obtained through fraud or misrepresentation, as noted in People v. Martinez (161 Cal. App. 4th 754). Your evidence... View More

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2 Answers | Asked in Estate Planning, Civil Litigation and Legal Malpractice for California on
Q: How can I prevent a trust officer from fraudulently changing distributions in California?

I am a beneficiary of a revocable trust in California, and the original attorney handling it has passed away, with the trust documents now being managed by a bank. I am concerned about the potential for the trust officer at the bank to alter the distribution amounts fraudulently, such as reducing... View More

Klaus Gottlieb
Klaus Gottlieb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2025

This seems to be a clarification of an earlier question. Your concern is understandable, especially without direct access to the trust document. Here’s what generally prevents a trust officer from fraudulently changing distribution amounts in a California revocable trust:

Legal and...
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2 Answers | Asked in Civil Rights, Civil Litigation, Personal Injury and Legal Malpractice for California on
Q: Am I owed compensation for wrongful detention after charges were dismissed?

I was arrested because my DNA was found on an object related to three residential burglaries. I fought the charges from jail for six months until they were dismissed because my public records showed I was incarcerated when the crimes occurred. The detective should have checked this before arresting... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 26, 2025

You very well could be. In order to determine whether you are, you need to contact the best civil rights lawyer you can find. Make sure you have a complete chronology of all of the events of your situation, naming all witnesses and describing all documents you have. Describe all the damages you... View More

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3 Answers | Asked in Legal Malpractice, Contracts and Civil Litigation for California on
Q: Contingency fee increase and legal dispute with lawyer in CA

I signed a contingency fee contract with my lawyer at 33%, but I found out it may increase up to 80%, plus I'm responsible for all bills. They didn't inform me about these terms. I received a $1,000 loan with interest on my $2 million case, but the check was not valid. After attempting to... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 14, 2025

The fees are determined by the fee agreement. But the fees must not be unconscionable; what you describe may be unconscionable.

If you hire a new attorney, the former attorney will likely be entitled to a fee but it will be limited.

Consult with and hire another attorney before...
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3 Answers | Asked in Personal Injury and Legal Malpractice for California on
Q: How long to draft a demand letter for a personal injury case?

I have a personal injury case, and my attorney has had all the necessary information to complete a demand letter since December 10, 2024. Despite following up several times, including a follow-up 4 weeks ago, the demand letter has not yet been drafted. My attorney mentioned he is busy, and I have... View More

William John Light
William John Light
answered on Mar 12, 2025

It depends on the case. Demands letters can be complex, with full argument and evidentiary support for all material facts that support liability, full sets of medical records and billing, and support with comparable cases which have settled or gone to verdict. Without knowing what your attorney... View More

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3 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: Concerns about workers' comp settlement signed before MMI in California.

I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 24, 2025

You have only 20 days after a judge issues an order to appeal. You may appeal later based on fraud, but you have to hand back all the settlement payment . Then you have to show the judge that someone gave you falsehoods to obtain your signatures. If you knew there was a chance a report would rate... View More

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3 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: Concerns about workers' comp settlement signed before MMI in California.

I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?

Dennis Dascanio
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Dennis Dascanio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2025

Dear concerned injured worker,

It is difficult to overturn a settlement agreement but you may still have time to withdraw from your settlement. First and foremost is to immediately notify your attorney and secondarily seek advice from the Information and Assistance office at your local...
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2 Answers | Asked in Legal Malpractice and Personal Injury for California on
Q: Do I have a legal malpractice case against my attorney for communication oversight in a personal injury case?

I believe I may have a case for malpractice against my attorney. In my personal injury car accident case, I verbally informed the paralegal via phone that I had stopped receiving treatment. However, this information was not relayed to my attorney, and several months went by before I checked with... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 19, 2025

Failures in communication can lead to a legal malpractice case.

In this situation, you indicated that you were done treating. Since you were done treating it, the only harm from any lack of communication was delaying the settlement.

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2 Answers | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: Concern over missing Proof of Service of Summons in eviction case

I hired a new lawyer just 24 hours before my first court appearance for an eviction case. During this appearance, the judge confirmed my jury trial request and granted my lawyer 30 days to prepare, despite the landlord's objections. I assumed that the absence of a Proof of Service of Summons... View More

William John Light
William John Light
answered on Feb 19, 2025

You appeared at the hearing. That is a general appearance, and absence of Proof of Service of the Summons is not in issue. If you think that picking at every minor detail is how attorneys present a case, or a defense, you are going to be very disappointed.

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2 Answers | Asked in Arbitration / Mediation Law, Legal Malpractice and Insurance Bad Faith for California on
Q: Can my former lawyer share court details with an insurance agent?

I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have... View More

William John Light
William John Light
answered on Feb 14, 2025

What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney... View More

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2 Answers | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: How do I complain a lawyer to the State Bar? California

As the title - How do I complain a lawyer to the State Bar? California. Not my attorney but the opposing party's.

Howard E. Kane
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Howard E. Kane
answered on Feb 6, 2025

Once you’ve decided to take your grievance about an attorney to the State Bar, you then need to file an attorney complaint form through the State Bar of California website. Click on "Complaints and Claims" at the top of their webpage and you will be steered in the right direction.... View More

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2 Answers | Asked in Legal Malpractice for California on
Q: Must Defendants be served with request for monetary judgment?

Based in Eureka, CA

1-12-24: Defendants Motion to Strike = denied. Ordered $2,500 atty fees (never pd); ordered to answer in 15 days (he never did).

1-29-24: Defendant filed appeal of Motion to Strike denial - it was denied

2-29-24: Entry of Default was filed against... View More

William John Light
William John Light
answered on Jan 24, 2025

You aren't going to surprise the attorney by serving monetary judgment docs. He has already moved his assets if he is so inclined and/or has assets. He knew you were seeking money from the moment that he was served with the lawsuit, at the latest. However, once you have filed a Request for... View More

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3 Answers | Asked in Divorce, Family Law, Civil Rights and Legal Malpractice for California on
Q: at my last court hearing my attorney sexually assaulted my wife and I want to sue him and file charges against him
Louis George Fazzi
Louis George Fazzi
answered on Jan 17, 2025

That sounds terrible, and I would love to help you, but I'm a California lawyer and not admitted to practice law in Florida. You need a lawyer who is admitted to the practice of law in your state. I only know one lawyer who may have practiced in your state, but his practice is limited to... View More

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2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: such recently discovered facts be added to reasons for compelling further responses? what statute defines that?

How exactly California Code of Civil Procedure Section 2031.310 allow party to compel further responses, including newly discovered facts in reasoning for compelling further responses? In other words - when new facts were discovered since discovery was propounded, that strengthen basis to compel... View More

Pavel Kolmogorov
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answered on Jan 15, 2025

You correctly identified the statute that governs motions to compel further responses to document requests (Section 2031.310). While the statute does not explicitly mention the use of newly discovered facts, it provides a framework for compelling additional responses when initial responses are... View More

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2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: Can reasons why further responses to discovery have to be provided be supported by facts obtained since propounding?

Can reasons why further responses to discovery have to be provided be supported in the Separate Statement by new facts, obtained since discovery was initially propounded?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 10, 2025

This answer assumes you are asking about the reasons provided in the separate statement accompanying a motion to compel. There is no legal or logical reason to exclude such facts. The purpose of the statement is to highlight for the judge why responses/further responses should be compelled. It is... View More

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3 Answers | Asked in Legal Malpractice for California on
Q: Hello, I retained personal injury lawyers for a slip and fall case. It took over 4 years to finally settle.

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

William John Light
William John Light
answered on Dec 17, 2024

If you kept about 1/3 of your settlement, you did well. It also sounds like your attorney reduced his fee if you kept $100,000. Fees for a case of that age are frequently 40%. Even at a 1/3 fee, plus costs and medical expenses, you wouldn't get $100,000, unless the attorney reduced his fee.... View More

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