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California Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for California on
Q: Can a law firm lose your file and have no knowledge of what happened with your case?

The law firm who was responsible for my product liability case after 6yrs tell me the don't know what happened to my or about my case. I live in California and the case was to handle in Texas.

Joel Gary Selik
Joel Gary Selik
answered on Feb 6, 2023

If they did this, then you may have a good legal malpractice case. Consult with an experienced expert in legal malpractice.

1 Answer | Asked in Legal Malpractice for California on
Q: Trust attorney drafted wrong type of trust for my dad. Is that legal malpractice?

I have gotten a court deposition that he admitted to not creating the right trust. The trust created was power of appointment and he asked for restricted A/B with my stepmom.

Joel Gary Selik
Joel Gary Selik
answered on Feb 2, 2023

Yes it may be. An experienced legal malpractice attorney needs to review the facts, including the financial losses due to the malpractice.

1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: multi injury from fall at work back and neck denied by w/c but QME adds them as industrial after settlement w/o consent

fall at work tore radial nerve out of my right bicep mussel lost all function of my right dominant hand fingers thumb wrist and my neck and back were denied by worker comp ins QME adds to industrial claim and worker comp ins adds as new and further when there from same industrial fall at work like... Read more »

John Karas
John Karas
answered on Jan 25, 2023

Your lengthy description of events really isn't an Insurance Bad Faith matter. You MAY have an malpractice case against your attorney regarding settling/dismissing some of your claims without your consent.

I suggest consulting with attorneys in your area who handle attorney...
Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: How protected are sealed criminal record's

Hi, here recently a rather well known person (who is not a judge or in any way related to the legal sphere of work) publicly showed a person's sealed criminal record. How on earth is that possible, and is doing something like that illegal?

Louis George Fazzi
Louis George Fazzi
answered on Jan 8, 2023

You have posted this question in the forum for California lawyers. You need to re-post this in the message board for lawyers in Washington state.

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1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: I’m looking for a litigator with experience in Federal Court, specif. in Northern District of California, San Francisco

The DA of a certain California County may be guilty of vexatious litigation against me, as well as collusion with a judge. I’m aware these are serious accusations, However, if I can consult with a federal litigation attorney, he/she will understand why I’m concerned once I provide the details.

Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

I think you have a misunderstanding as to what a vexatious litigator is or can be. The DA cannot be a vexatious litigant. Pursuant to CCP 391, et seq., it can only be a pro per litigant who has maintained at least 5 litigations other than small claims to final determination adversely to the person... Read more »

1 Answer | Asked in Legal Malpractice and Workers' Compensation for California on
Q: I had an work injury on 2020 And for negligence i don't know my accident not have a cure .

Negligence of attorney or insurance to let pass a lot time my accident don't have cure ..

William John Light
William John Light
answered on Jan 2, 2023

You may qualify for the Covid extension to the statute of limitations which granted an extension from from April 6, 2020, until October 1, 2020. Speak to an personal injury attorney whether the extension applies or whether you might have a claim for malpractice based on your attorney allowing the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: Are there any cases where an EEG test took precedence over a interview only exam to prove sanity?

The LAPD arrested me, the victim instead of the perp, then tried to frame me to cover it up and got caught on film planting falsified evidence. I represented myself and proved in court that the plaintiff's had made their entire story up. But because the cops tried to frame me and got caught,... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Dec 26, 2022

This would be an issue for doctors to testify to, not a legal issue.

1 Answer | Asked in Contracts, Employment Law and Legal Malpractice for California on
Q: Case Law: Attorney files to withdraw as counsel due to medical reasons and the Court denies Motion.

Is there a Case Law where a Court orders counsel to hire co-counsel when the attorney files to withdraw from case without the consent of client because continue practicing law will harm health.

Is there a Case Law where a Court Denies Motion to Withdraw as counsel when an Attorney files to... Read more »

Neil Pedersen
Neil Pedersen
answered on Dec 24, 2022

You have not asked a question.

Your best move is to ask your attorney how he or she intends to proceed. One approach could be to challenge the order by way of writ. There is case law that suggests a court should give great deference to physical disability.

Good luck to you.

2 Answers | Asked in Family Law and Legal Malpractice for California on
Q: can lawyers who have a state bar complaint on the still be on that case.

acts of moral turpitude have occurred and a state bar complaint was filled on lawyers, can those lawyers/law group still be on that case? it's a family law case. Can I notify the judge of this bar complaint before the hearing resides? and what can the judge do once he learns of these acts of... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Dec 24, 2022

If a client files a bar complaint against his own lawyer may have created a conflict of interest that may require the attorney to withdraw.

Otherwise, a complaint is nothing but a complaint, and not a finding of anything done wrong.

Further, unless an attorney is suspended from...
Read more »

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1 Answer | Asked in Legal Malpractice for California on
Q: ¿What can I do if I my retained lawyer calculated billable time and items in a way that I find borderline malpractice?

We have only started our case(2 weeks ago), very little progress, unhappy with his skills, performance, his communication, and specially the way he's calculating the billable times. It's in California. I already know for sure that I would not want to continue with him, but also find... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Dec 12, 2022

If you are already unhappy, have a discussion with your attorney. If you do not get satisfactory answers, look for a new attorney.

3 Answers | Asked in Personal Injury, Landlord - Tenant and Legal Malpractice for California on
Q: Is it proper for an California Attorney to settle a civil liability case by including property damages in the settlement

I suffered personal injury and property damage as a result of my Landlord's failure to provide an apartment free from mold and other contaminants. I had a separate renter's insurance policy and my doctor told me that I must trash all of my personal belongings (clothes, furniture, etc).... Read more »

Philip Shakhnis
PREMIUM
Philip Shakhnis
answered on Dec 7, 2022

Yes, in general an attorney in a mold case will seek to recover for all losses and injuries you sustained. Also, a court would likely prohibit filing two separate lawsuits (one for personal injuries and a second for property damage) as that would be a waste of the court's resources. Hope... Read more »

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1 Answer | Asked in Legal Malpractice for California on
Q: A lawyer was negligent and unethical in his billing would any1 review case and demand clearance or else malpractice suit
Joel Gary Selik
Joel Gary Selik
answered on Nov 21, 2022

Email or telephone a legal malpractice specialist in your state to review the facts.

2 Answers | Asked in Child Custody, Legal Malpractice and Juvenile Law for California on
Q: Can a lawyer submit legal doc.s in 1 county superior court but label them under a different county superior court

example a lawyer representing a client in Riverside county and case being heard from Riverside county courts submit in documents that get accepted by Riverside county courts clerks office than files legal documents even though the acting lawyer has labeled this documents Los Angeles superior courts... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

This error could be malpractice if harm was caused.

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1 Answer | Asked in Legal Malpractice for California on
Q: Lawyers mistake caused me a lawsuit to be lost.

On 2019 the owner of the house on which I live in now added me, his partner, and his son to a living trust. We were each supposed to get his portion of the house which accounted for 25% which would be divided by 3. The lawyer that helped us out made a mistake in sending the trust with the incorrect... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Nov 10, 2022

You may have a malpractice case against the attorney. Consult with experienced attorneys.

2 Answers | Asked in Legal Malpractice for California on
Q: Writ of habeas corpus, granted, conviction vacated, grounds of ineffective assistance of PDs office. can I sue my attor

I was violated for a probation violation which invoked a 5yr suspended sentence. My public defender needed only to access a online superior court of California registry to prove my factual innocence and failed to do so even when the judge told her, during the trial, "Do you have any proof of... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Nov 6, 2022

Yes, with a factual finding of innocence, a legal malpractice case is possible.

Consult with a Legal Malpractice Certified Specialist.

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1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: Can my attorney allow a defandent's attorney delay my case with a document a judge did allow as evidence?

My attorney disclosed an internal email I wrote the judge did not allow as evidence . However, she made me aware the defandent's attorney has been using it to delay the case. My own attorney has been remarking in unprofessional tone to instigate arguments, "Oh well you wrote this... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 3, 2022

Frankly, you are lucky you still have an attorney. If you were my client and you tried to contact the judge directly, I would have immediately withdrawn from your representation. It is a highly inappropriate thing to do and it demonstrates the the judge, opposing counsel and anyone else who knows... Read more »

1 Answer | Asked in Landlord - Tenant, Consumer Law, Civil Rights and Legal Malpractice for California on
Q: My landlord took rent, said i didnt pay, then evicted lme b/c Clerk didnt accept my docs. Seek justice y or n

I have receipts of payments. Also landlady foundout i had HIV and doesnt want ‘those’ people. Said she wanted a couple (man and woman.

I didnt get my day in court becaude clerk rejected my docs on minor technical formality issues. I hired someone..a tenant lawyer i hired fleeced me for... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 31, 2022

First things first. Report the lawyer you paid to the State Bar of California. You can go to the website (https://www.calbar.ca.gov/) and click the link to file a complaint against a lawyer.

Next, you may have a claim against your landlord for discrimination in housing if you can prove she...
Read more »

1 Answer | Asked in Real Estate Law, Business Formation, Civil Rights and Legal Malpractice for California on
Q: I am living a gated community and HOA has no meeting and no elections for last 5 years since I moved in.

HOA has 5 board members which appointed by president. No elections at all. Is that legal? I have been asked for the election and no board member answers. Also I found out some board member on the position for 12 years and they use HOA water and HOA Garderner for private land. For such small... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

There are attorneys who practice HOA law. Speak with one about your situation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Legal Malpractice for California on
Q: My HOA put my name as CFO on sec of state without my permission. Is that legal?

The management company said it’s just doc error. They just randomly pick a name to fill to states.

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Speak with a local attorney to contact the HOA regarding this. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Legal Malpractice, Employment Law and Health Care Law for California on
Q: Do I have legal rights?

I work for and OBGYN clinic and the fronk desk has been using my initials when scheduling the patients. I spoke with her and she denied and used lies to defend herself. I know because the EMR shows who actually made the appointment and who was last editing the appointment. The manager was notified... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 16, 2022

I would talk to the HR manager about this issue if you have not already.

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