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3 Answers | Asked in Civil Litigation, Contracts, Legal Malpractice and Personal Injury for California on
Q: I have a contract from a personal injury lawyer, but I am unsure if it is legally binding. The copy I have is not signed

"I discovered that the personal injury contract they gave me is a standard one. However, they had filed a lawsuit without my knowledge, and I later noticed some misconduct from the firm. Hence, I reviewed my contract only to find out that it was not signed by the firm.

James L. Arrasmith
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answered on Feb 21, 2024

Based on the information you have provided, it does not appear that you have a legally binding contract with this personal injury law firm if the copy you have is unsigned. Here are a few key points to consider:

- Under California contract law, a valid contract requires mutual assent -...
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2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for California on
Q: Claim requires tolling provisions, fraud con. + mental disability. Denied rep. due to sol. Isnt that disab discr?

Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, the statute of limitations (SOL) sets the time limit within which a legal claim must be filed. However, certain circumstances may toll or pause the SOL, such as fraud or mental incapacity. If you believe that your mental disability prevented you from pursuing your claim in a... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for California on
Q: Claim requires tolling provisions, fraud con. + mental disability. Denied rep. due to sol. Isnt that disab discr?

Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More

William John Light
William John Light
answered on Feb 13, 2024

Nothing you have written indicates any of the criteria for tolling. You should have hired an attorney early in the process. Mental incapacity to qualify for tollingis more than a TBI . Unless you were a minor, or the defendant was absent from the state for some period of time, or the Defendant... View More

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1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York on
Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.

A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2024

So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for Florida on
Q: Hi, my attorney just filed a motion to withdraw due to mconcerns of unfair practices: he cxl my mediation I need help

I have a trail date already in place that he requested to leave for March 2024. He canceled my mediation and put in a motion to withdraw the day before my mediation. I still showed up to mediation but no one was there

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Florida attorney could advise best, but your question remains open for a week. The first thing to do could be to learn about the withdrawl, whether it was with prejudice or without prejudice. Withdrawing a case with prejudice generally means no rights reserved to refile the case. Withdrawing... View More

1 Answer | Asked in Collections and Legal Malpractice for North Carolina on
Q: Is there a time frame attorneys must start once paid?

I hired an attorney to negotiate two judgments. I paid and signed the contract on 6/6/2023. The lawyer did not contact the first debtor until August 2023. The second debtor was not contacted until November 2023. The attorney always had an excuse as to why they hadn't been working on it. For... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 3, 2024

There is no set time. Basically, it would be a “reasonable time”. Reasonable depends on the circumstances. Additionally, there may have been work done prior to contacting the debtors.

My experience in collecting debts, is that it is often a slow process. It can, of course, take years,...
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1 Answer | Asked in Civil Rights, Criminal Law and Legal Malpractice for Georgia on
Q: Attorney & office didn't represent me nor use my evidence, or witness. He had 4th-stage cancer. my boyfriend doing crime

My boyfriend made false allegations & narratives {I didn't live with him but another girl suddenly did. Boyfriend had me arrested 2 nights after he spent night with Mom & me at our house. My father had passed so, I stayed with mom & still lived 13 years at my boyfriend's... View More

James L. Arrasmith
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answered on Jan 31, 2024

In your situation, it seems there were significant issues with the legal representation you received. If your attorney failed to effectively use crucial evidence and witness testimonies, or did not represent your interests adequately, especially considering the seriousness of your case, you may... View More

1 Answer | Asked in Legal Malpractice for California on
Q: Did my lawyers commit legal malpractice when they closed my case without a right to sue letter?

In 11/2021, I filed a claim with the DFEH due to a wrongful termination/disability discrimination/sexual harassment matter with my previous employer. I retained M&Y Law Firm the same month. Attorneys at M&Y Law Firm discussed with me that after evaluating records, a class action wage and... View More

James L. Arrasmith
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answered on Jan 30, 2024

Under California law, legal malpractice occurs when an attorney fails to use the skill and care that a reasonably careful attorney would have used in a similar situation, resulting in harm to the client. In your case, if your attorneys closed your case with the DFEH without obtaining a right to sue... View More

2 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: How long must an attorney hold money in a trust brokerage account before they can just claim it them selfs

Have an issues with my recently hired then fired attorney who has been such a huge pain in my situation…. Well they have deemed them selfs as my voice when deciding to settle my case with out even as much as notifying me. So I filed a complaint against them with the state board. But now I’m... View More

James L. Arrasmith
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answered on Jan 30, 2024

In California, an attorney is required to hold client funds in a trust account and cannot claim these funds for personal use. The period for holding these funds is not fixed and depends on the agreement between you and your attorney, and the nature of the legal matter. Your attorney must promptly... View More

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2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: Specific examples of discovery requests that are embarrassing, oppressive, calculated to annoy and harass.

Specific examples of discovery requests that are embarrassing, oppressive, calculated to annoy and harass.

James L. Arrasmith
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answered on Jan 26, 2024

In California, discovery requests in legal proceedings should be relevant to the case and not designed to embarrass, oppress, or harass the party receiving them. However, there are instances where discovery requests may cross this line.

Examples of such requests could include asking for...
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1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: Staying, denying notice of oral deposition - against oral deposition

Request about staying deposition on basis of duplication, irrelevancy, undue burden, data in the possession of moving party. While depositions are appropriate, the demands per CCP 2025.420 can be propounded in writing.

James L. Arrasmith
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answered on Jan 26, 2024

In California, if you believe that a scheduled oral deposition is unnecessary, you can request a stay on the deposition. To do this, you would need to file a motion with the court under CCP 2025.420, stating your reasons for the request. The reasons can include arguments that the deposition is... View More

1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Ohio on
Q: If a magistrate gives my wife legal advice regarding our divorce and I have proof. Can I sue them?
Todd B. Kotler
Todd B. Kotler
answered on Jan 24, 2024

It is unlikely you can successfully sue the magistrate. In general, public officials enjoy what's called sovereign immunity. You may report the magistrate to your local Bar Association if they have truly stepped outside of their role and become an advocate for your wife. Mind you, simply... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: Is a judge allowed to force me to represent myself pro se even though I am indigent because my appointed lawyer quit

codef repsntd by PD's office, i was conflicted out- great relationship, negotiated agreement w/ DA- dismissal if codef admit ownership at plea entry. 5mos past and discovery was not made available. eventually attny withdraw b/c state failed to pay for services. -11mos no new appointed attny.... View More

James L. Arrasmith
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answered on Jan 21, 2024

You have the right to legal representation, especially if you are indigent and facing criminal charges. If your appointed attorney quits, the court is generally responsible for appointing a new attorney to represent you. It's unusual and potentially a violation of your rights for a judge to... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for Washington on
Q: Who can help recover my NEEDING unlawful financial loss after my civil & disability rights violated in superior court?

Under the WA C.I.R. Equitable Property Div rules I should have won my case, with all of my supporting evidence ALONE, but most was ommited in court. My disability medication(Humira forRA) unknowingly exasperated rare side effects the extreme ongoing 2yr stress-nuero/cognitive decline & peaked... View More

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answered on Jan 10, 2024

In your situation, where you believe your civil and disability rights were violated in a Washington Superior Court, and you're facing an unlawful financial loss, the first step would be to consider an appeal. This process involves reviewing the trial's proceedings to determine if there... View More

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Alabama on
Q: Does the 30 days start after the actual date the Judges decide (Dec 8) or the CERTIFICATE OF JUDGMENT (Dec 26) date?

I appealed a civil case and the Supreme Court of Alabama Judges which was, Affirmed. No Opinion. Need to know if the 30days to send a motion for reconsideration with new evidence deadline is January 8th or January 26?

James L. Arrasmith
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answered on Jan 8, 2024

The deadline for filing a motion for reconsideration in the Supreme Court of Alabama typically starts from the date the judgment is officially entered, not the date the decision is made. In your case, if the Certificate of Judgment was issued on December 26th, that is likely the date from which... View More

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Wisconsin on
Q: if I was supposed to start jury trial on Monday and Friday afternoon 454 pages of discovey appears grounds for dismissal

1st degree reckless homicide case is 4 years old, prosecution cancelled 3 times now, 10 days ago at finAL pretrial the da admitted that they didn't know where the witness lived any more and has failed to subpoena in the last 9 months since the last cancellation. the judge asked if all... View More

James L. Arrasmith
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answered on Jan 6, 2024

The sudden appearance of 454 pages of discovery, especially after the prosecution confirmed no new discovery, can be a significant issue in a criminal trial. In a first-degree reckless homicide case, all relevant evidence is crucial for a fair trial. If you've been requesting these documents... View More

1 Answer | Asked in Legal Malpractice, Estate Planning and Probate for California on
Q: In 2010 my father passed away, our cousin whom is a lawyer, said he would handle the estate for us for free.

My father retired from the railroad after 40 years of service and my cousin tried to tell me dad didn't have any life insurance. I just located at the State treasuries office unclaimed money in my father's name .premium payments of 600 bucks a month on two different policies . Do I have... View More

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answered on Jan 4, 2024

Under California law, if you believe an executor has not fulfilled their duties or has acted improperly, you have the right to take legal action. An executor is legally obligated to manage the estate according to the law and the wishes of the deceased, and failure to do so can constitute a breach... View More

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Legal Malpractice for California on
Q: HOW DO I GO ABOUT PROVING THAT THE SALE OF REAL ESTATE BELONGING TO MY COUSION THAT PASSED AWAY, WAS NOT LEGALY VALID,

THE PROPERTY WASNT ADDED IN PROBATE. SO PROBATE DIDNT APROVE SALE. PLUS WHEN THE BUYER TRANSFERD PROPERTY THE LISTING AGENT NOR THE BUYER SUBMITED A STATEMENT OF FACTS OF DECECT OWNER, AND THE LAWYER HIRED TO REPRESENTED US , MISREPRESENTED EVERYTHING TO HIS BENIFIT . THE CIVIL CASE FILED A LIS... View More

James L. Arrasmith
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answered on Jan 2, 2024

To challenge the legality of a real estate sale in California, especially in a situation involving probate and potential misrepresentation, it's essential to gather and present clear evidence. If the property wasn't included in probate, documentation proving this omission is crucial.... View More

1 Answer | Asked in Divorce, Civil Rights, Domestic Violence and Legal Malpractice for Michigan on
Q: My lawyer refused to submit my evidence during the entire process. The judge rendered the final "opinion. My husband's

Lawyer filed a clarification and prayer for relief. I need to submit my evidence. Can I do that? Is there a time limit? My final hearing is 1/8/23.

James L. Arrasmith
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answered on Dec 31, 2023

If you believe your lawyer failed to properly represent you by not submitting crucial evidence, this is a serious concern, particularly in a divorce case where such evidence can be critical. It's important to understand your options for addressing this issue.

The possibility of...
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1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for New Jersey on
Q: Who in law of nj civil may I write tof lawyers hiding legal certified mail ,perjury ,preparing false court adjournment

Preparing false new trial motion dismiss. And preparing false decisions on new trial motions and designed by judges secretary to mislead plaintiff and getting the civil case dismissed.

James L. Arrasmith
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answered on Dec 30, 2023

In New Jersey, if you're facing issues of legal misconduct such as hiding legal mail, perjury, and the falsification of court documents, there are specific steps you can take.

Firstly, if these actions are affecting an ongoing civil case, it's important to bring these concerns...
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