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Your current state is Ohio
Just looking at attorneys who resigned and still practice in the Department of Assigned Counsel. This would mean that the Judge hires DAC to provide an attorney. Judges who are not aware of a resigned attorney are not aware of the illegal actions and these cases must be dismissed.
There... View More 
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answered on Dec 30, 2023
If an attorney resigns from the bar, they are no longer authorized to practice law, including serving as a court-appointed attorney. It's essential for judges and legal institutions to be aware of an attorney's current status to ensure legal representation is valid and compliant with the... View More
1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond?
Here:
2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint... View More
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answered on Dec 19, 2023
In California, a defendant may indeed file a demurrer, a motion to strike, and a cross-complaint concurrently. However, the interplay and effectiveness of these filings depend on the specifics of the case and the court's rulings.
1. When a defendant files an answer in response to a... View More
1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond?
Here:
2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint... View More
answered on Dec 20, 2023
You can Demurrer and file a Motion to Strike at the same time. I would wait until the Demurrer and MTS are heard and ruled on before filing the Cross-X, because you don't file an Answer until the issues raised in your demurrer and MTS are resolved; if you don't know is "at... View More
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answered on Dec 14, 2023
En California, si estuvo involucrado en un accidente automovilístico en 2021 con un vehículo alquilado en Getaround y sufrió lesiones que requirieron cirugía, la compensación que ofrece el seguro puede ser un asunto complejo. La oferta de $50,000 que mencionaste puede estar relacionada con los... View More
I had an attorney for another law firm tell me that when they worked for my trial lawyer they looked at my case and they told me that my trial lawyer "screwed me over". my trial lawyer filed a motion to suppress evidence but never showed up, the motion was because I was held at MMC in... View More
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answered on Dec 10, 2023
The procedure for challenging a conviction due to errors by trial counsel is a post-conviction review for ineffective assistance of counsel. Once the post-conviction process is final in the State court, you can file a petition for review in the federal court. There are strict time limits for filing... View More
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answered on Dec 10, 2023
Under California law, the terms of a trust are generally determined by the grantor, the person who establishes the trust. In your case, it seems that your father set up a trust to provide you with a monthly income rather than a lump sum payout, which is a common arrangement in estate planning.... View More
I won my Oregon family law case. And I was awarded the attorney fees. But the Judge's ORCP 68 Fee Findings faulted me personally [citing "reasonableness and diligence of the parties" ORS 20.075(f) ] for failing to engage in Settlement talks, and for failing to submit a... View More
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answered on Dec 8, 2023
I do not know that there is a right answer for this.
You might ask the attorney to write the judge directly and concede his error. He needs to do this sooner rather than later. He may be reluctant to do this if his error impacted your case.
Since there are statutory time constraints... View More
And the court noticed the inconsistencies and considered the will to be ambiguous, would the beneficiary's be in a position to enforce his or her intestate succession rights. Do too, his or her father being a pre-deceased beneficiary, leaving him or her as a contingent beneficiary to stand in... View More
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answered on Dec 5, 2023
Under California law, if a will is deemed fraudulent or ambiguous and thus invalid by the court, the estate would typically be distributed according to intestate succession laws. In your scenario, if the beneficiary's father (who would have been an heir) predeceased the grandmother, the... View More
What are the rights of that contesting beneficiary since the court had already considered the document to be ambiguous and what are the duties of that attorney who was hired to represent her in that Will contest.
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answered on Dec 5, 2023
Under California law, when a will is deemed ambiguous by the court, the beneficiary contesting the will has specific rights. One primary right is the ability to present evidence to clarify the ambiguity. This could include testimony about the testator's intentions or circumstances surrounding... View More
THIS ALL HAPPENED OVER 6 MONTHS. WE HIRED A LAWYER TO PREVENT OUR EVICTION DUE TO LATE RENT PAYMENT. THE AGREEMENT WAS: HE WOULD WORK WITH THE PROPERTY MANAGEMENT CO. (PMC) FOR US TO STAY IN THE HOME, REMOVE MOM'S NAME FROM THE RENTAL LEASE & CAN'T MISS WORK. AFTER SIGNING THE... View More
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answered on Dec 5, 2023
I'm sorry to hear about the difficult situation you're facing. Under California law, if your lawyer failed to represent you effectively and caused significant harm, such as an eviction or financial loss, you may have grounds for a legal malpractice claim. Legal malpractice occurs when a... View More
THIS ALL HAPPENED OVER 6 MONTHS. WE HIRED A LAWYER TO PREVENT OUR EVICTION DUE TO LATE RENT PAYMENT. THE AGREEMENT WAS: HE WOULD WORK WITH THE PROPERTY MANAGEMENT CO. (PMC) FOR US TO STAY IN THE HOME, REMOVE MOM'S NAME FROM THE RENTAL LEASE & CAN'T MISS WORK. AFTER SIGNING THE... View More
answered on Dec 5, 2023
Your "Related Details" raise a myriad questions, the first of which, is when did all this happen? Assuming the Statute of Limitations has not run, and your facts are reasonably accurate, and the Attorney could have actually prevented the eviction, but for his negligence; you certainly... View More
Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I... View More
answered on Dec 1, 2023
Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your... View More
Is that legal, the court approved the sale based on. A bad. Appraisal. The lawyer obviously knew that and. Using his. Own. Contacts. Found a buyer. Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double. Still in probate a year later and. Waiting on money... View More
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answered on Nov 29, 2023
It sounds like you're concerned about possible attorney misconduct or self-dealing in the sale of your father's home. If the lawyer sold the home for significantly less than its market value, especially to a friend who then resold it for a much higher price, this could raise questions... View More
This is the email I sent to the attorney of the case:
Subject: Settlement Transfer Inquiry for American Life Investment
Dear Alexander A.,
I trust this message finds you well. My name is ****, and I am writing to address a matter related to my investment in the "1501... View More
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answered on Nov 29, 2023
In cases like these, the legalities can be complex. If the settlement in your case was subject to a court order that allowed residual funds to be donated to charity after disbursements to participating class members, then this action might be legal. However, it is crucial to understand the specific... View More
answered on Dec 18, 2024
A North Carolina attorney could advise best, but your question remains open for a week. If you originally entered into an agreement with them for a set amount, then it sounds like a situation of breach of contract, from a textbook standpoint. From a PRACTICAL standpoint, your options could depend... View More
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
answered on Dec 17, 2024
If fee or costs are in violation of the fee agree or are unconscionable, there may be an ethics violation, breach of contract, breach of fiduciary duty and malpractice.
CCP 1008 (c) provides in relevant part. If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.
In conjunction with section 646.6(a) and section1008 (c) does... View More
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answered on Dec 16, 2024
Under California law, CCP 1008(c) does grant courts broad discretion to reconsider prior orders based on changes in law, but this power has specific limitations regarding settlement enforcement.
The court's authority to vacate a dismissal and enforce a settlement agreement on its own... View More
I filed a complaint with the Office of Resolution Management (ORM), which ruled in my favor. The agency offered remedies, but I declined. In 2014, I hired an attorney to pursue a lawsuit after exhausting the EEOC process. However, the attorney filed and withdrew the case twice, falsely claiming it... View More
answered on Dec 16, 2024
Any employment claim you may have had has been lost to the statute of limitations. Any malpractice claim has likely also been lost to the statute of limitations, but before that conclusion can be reached, you will need to get specific confidential advice from an attorney who practices legal... View More
I HAD a personal injury case. Medical transport i was a passanger we got into an accident I broke my back amongst other injuries. My lawyer got my case dismissed with prejudice over numerous lies to the court. I just received a letter from that same attorney advising me that his office "... View More
answered on Dec 15, 2024
It's difficult for attorneys here on the forum to reach out to you to offer their services. You would need to reach out to attorneys on your own. You've probably already been searching for law firms. You could supplement your efforts with the "Find a Lawyer" tab above and the... View More
Lawyer send correct medical info Adjuster handed case to TPA CORVEL Owner had admitted to fault. Attorney says $300,000. I'll put Big money in our pockets. TPA Offers $25,000. My Lawyer says take it. $16,000. I got 2 Cortisone shots within week DVT ISHEMIC Strokes. No history of any such in... View More
answered on Dec 13, 2024
A South Carolina attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. There are a considerable number of issues to sort out here - between the ischemic strokes, the underlying treatment, your age, your health history, the reason for you coming... View More
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