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California Legal Malpractice Questions & Answers

1 Answer | Asked in Legal Malpractice for California on

Q: How would you cite this case?

Janjua v. Neufeld, No. 17-16558 (9th Cir. 2019)

I can’t find case law on it since it’s fairly new, but how would I cite it? Can’t find too much info on it

William John Light answered on Sep 12, 2019

It depends on the court in which your case is filed, but you can find the general style rules here guides.library.lls.edu/c.php?g=497703&p=3407469. Check your court for specific citation rules.

I'm not certain that Janjua has an official Cal.Rptr. citation yet, so you might just have to...
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3 Answers | Asked in Contracts and Legal Malpractice for California on

Q: Who do I sue?

If a law firm employee has admitted in court to forging my signature on a fee agreement of terms that were 4 times higher than what I agreed to in the actual fee agreement....do I sue the employee or the attorney?

The court did order all fees (over $30k be refunded to me) but that still... Read more »

William John Light answered on Sep 11, 2019

If a law firm forged your signature, then a complaint to the State Bar is warranted. It is possible that the law firm is responsible for your damages, i.e., what you lost as a direct result of the fraud. That would include the principal, interest, and potentially emotional distress. It does not... Read more »

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1 Answer | Asked in Legal Malpractice for California on

Q: Is it legal to charge pet fee rent over 50 dollars and not the neighbor

William John Light answered on Sep 3, 2019

Depends on what your lease says and why the pet rent was added to yours and not to the neighbors.

1 Answer | Asked in Legal Malpractice for California on

Q: Can a supervisor lie to another business about my work/work ethic to make me not get the new job?

I’ve been advised that the supervisor lied about my work/work ethic to keep me from getting the job and is also doing that or similar things to prevent others from leaving their jobs to go else where and told others he’d sandbag the ones trying to leave.

William John Light answered on Aug 26, 2019

Slander requires a false statement of fact. Statements about work ethic sound like an opinion, e.g., "he is a hard worker", or "he is lazy". People are free to form and express opinions.

To answer your question, former employers cannot lie about facts without incurring liability for...
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1 Answer | Asked in Legal Malpractice for California on

Q: Who do i contact to report a process server that commits perjury

William John Light answered on Aug 18, 2019

You can contest service in the action filed against you. That doesn't usually get you anywhere. The other party just serves you again, and you are back in the lawsuit.

1 Answer | Asked in Legal Malpractice for California on

Q: What crimes are being commited when a case is in motion before a defendant answered to the complaint .

William John Light answered on Aug 18, 2019

This doesn't make any sense. Post the facts of what happened, or call an attorney to discuss in detail.

2 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Personal Injury for California on

Q: to file a dental malpractice suit...the defendant must have a licence to practice dentistry to qualify as malpractice?

a man never licenced in dentistry ran a office, advertised cheap oral surgery, emergency oral care. i paid this man to fix a failing tooth and he says u will look like a movie star he ends up pulling most of my back teeth ground down frontal and glued huge fake teeth over the stubs....he kept... Read more »

Dale S. Gribow answered on Aug 9, 2019

more info needed.

are you just looking to be compensated? if so be sure to ask the DA to make restitution a part of the sentence.

you can probably still sue for negligence, battery, intentional infliction of emotional distress etc

is it within 3 years of the incident.????

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

Q: DA says dont know what happend but we lost your case ? victim of violent crime sue for failure due process on DA?

dept of consumer affairs and Board of dentistry investigated an man for unlicensed unauth. practice of dentistry since they only enforce Licencees they turned it over to San mateos DA office for criminal prosecution...... they had enough evidence, expert testimony, victim, text messages and ect.... Read more »

William John Light answered on Jul 29, 2019

The Dept of Consumer Affairs and Board of Dentistry have no obligation to refer a case for criminal prosecution or to advise you of the statute of limitations for a civil case. Speak to some attorneys about your case to confirm that the statute of limitations has, n fact, run.

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

Q: do you think I would have a good case to sue the police for false arrest and get the 2500 I had to pay to bail out?

So to go more into detail the reason I was pulled over was because when I bought the car it came with new plates witch I when they tried to run them nothing was coming up so that’s the reason they had to pull me over but that’s not why they had got behind me in the first place because when I... Read more »

Dale S. Gribow answered on Jul 23, 2019

more info needed.

i doubt if you would recover............especiallly if the police were acting on a citizen's report of something that was wrong.

i doubt if the case has enough value for a lawyer to accept on a contingency. If that's the case you would be stuck paying a lawyer on...
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2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for California on

Q: Attorney on probation with BAR and screwing up to say the least. What are the responsibilities of the Court to protect?

Need a Malpractice Lawyer?

Kenneth Sisco answered on Jul 9, 2019

Almost none. Your first line of defense is you. Find another attorney, and have him help you decide if the matter is ripe for a malpractice suit.

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1 Answer | Asked in Legal Malpractice for California on

Q: I live in California. Question re SOL deadline

If I missed filing a Malpractice complaint against my former attorney by one day (ie. SOL expired on a Monday and today is Tuesday) would you still file the complaint and hope for the best? Does the SOL for Malpractice action against an Attorney expire 1 year after the Attorney's last day of... Read more »

Kenneth Sisco answered on Jun 11, 2019

The answer to the question, "When does the statute of limitation expire?" is a fairly easy one, although there could be questions about that too. Generally, it depends on what date it began to run; there are many complications as to that question. Typically, as in almost all cases, the SOL begins... Read more »

3 Answers | Asked in Legal Malpractice for California on

Q: If you have not received your settlement in 70 days or real news in the status of the settlement? more details below

Mediation is over and If you have not received your settlement in 70 days or real news in the status of the settlement? What should I ask if my lawyer for proof his working on it or has the money already something on paper? I already ask what is the status of my settlement in a letter the... Read more »

William John Light answered on Jun 11, 2019

You are entitled to be updated and know the status of your case. However, it is not unusual for settlements to take weeks, or months to complete.

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2 Answers | Asked in Legal Malpractice for California on

Q: I live in California. We have a questions about a legal malpractice claim against two attorneys.

I live in California. We have a legal malpractice claim against two attorneys, one who abandoned our underlying case prior to trial (no Arb in Retainer Agr) & the other who took the case through trial & lost the case (Retainer Agr has Arb clause). The SOL deadline related to the action against the... Read more »

Kenneth Sisco answered on Jun 11, 2019

There is a split among attorneys as to whether you should combine serial malpractitioners; it all comes down to specific facts. Indeed, under some circumstances, you may, at some point, be forced to consolidate the two cases. Without knowing more, I would not mention the 2nd attorney in the suit... Read more »

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1 Answer | Asked in Legal Malpractice for California on

Q: Is a lawyer allowed to interplead your settlement for a non lawyer?

My old attorney held back half of my settlement for a "lien" his employee claimed for working on my case. The lawyer was paid in full. Despite my not wanting him to hold my settlement he waited 6 months to deposit them with the court. Now he is suing me for the interplead fees and the release of... Read more »

William John Light answered on Jun 6, 2019

If a third party has a lien, which is either created by contract, by statute, or by equity, then the attorney has to either hold the money until the lien is resolved, or to interplead it. It is unclear why an attorney's "employee" would have a lien. Nevertheless, to only safe way to resolve... Read more »

1 Answer | Asked in Personal Injury and Legal Malpractice for California on

Q: I want my case file from previous attorney (who I plan to sue for legal malpractice)

And I am going in there to hand deliver (with a witness going with me) a letter asking for it to be ready in 24 hours and that I am even willing to provide a copier to assist....anything to help him comply in 24 hours....is that legal? And can I videotape the response if I am in his law firms... Read more »

Dale S. Gribow answered on May 28, 2019

YOU CERTAINLY HAVE A RIGHT TO YOUR FILE.

HOWEVER, A CASE THAT IS 5 YEARS OLD IS PROBABLY A VERY THICK FILE AND IT REASONABLY SHOULD TAKE MORE THAN 24 HOURS TO COPY IT.

IT MIGHT BE A GOOD IDEA TO RETAIN A NEW LAWYER FIRST IN CASE THERE ARE ANY COURT APPEARANCES OR MOTIONS THAT NEED...
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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 »

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