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2 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: What does it mean: WCAB paperwork where "Proposed" order is hand-scratched out & "Joint" is written over it?

After seeing months & months of mounting mistakes happening by my WC lawyer, some of which I've come here to ask what is normal, I finally confronted them on the several things done - or rather they bazaarly mistakenly they didn't do--because my case was at a critical place &... View More

James L. Arrasmith
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answered on Mar 25, 2024

In the context of WCAB (Workers' Compensation Appeals Board) paperwork in California, changes made by handwriting indicate modifications to the original document. If "Proposed" has been scratched out and replaced with "Joint" in the order, this typically signifies a shift... View More

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2 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: What does it mean: WCAB paperwork where "Proposed" order is hand-scratched out & "Joint" is written over it?

After seeing months & months of mounting mistakes happening by my WC lawyer, some of which I've come here to ask what is normal, I finally confronted them on the several things done - or rather they bazaarly mistakenly they didn't do--because my case was at a critical place &... View More

Ronald Mahurin
Ronald Mahurin
answered on Mar 25, 2024

When you write messages like this you are signaling to any future attorney that you are a difficult client, and perhaps why your prior attorney left. We don't need to know why you were unhappy, or how many mistakes your attorney made. You do not need to justify why you want another attorney.... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

You bring out a number of issues that are of concern as to the attorneys’ actions. In particular if there was a switching of firms without your agreement, a disbarred attorney representing you, and charging an excessive and not agreed to fee. You should consult with experienced ethics,... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, your situation raises several concerns regarding the conduct of your legal representation, particularly in the context of the Lemon Law claim you pursued against a car dealership. If your attorney was disbarred or suspended during the course of your representation, this could... View More

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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Legal Malpractice for Kansas on
Q: It's been 153 days and still no preliminary hearing for a felony traffic stop in Kansas. What can be done about it?
James L. Arrasmith
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answered on Mar 22, 2024

If you're facing delays in your preliminary hearing for a felony traffic stop in Kansas, it's important to understand your rights and options. Legal processes can experience delays due to various reasons, including court backlog, legal complexities, or issues related to evidence... View More

1 Answer | Asked in Contracts, Civil Litigation, Legal Malpractice and Trademark for California on
Q: Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

an application on Findings Order from demurring papers leave to amend in 20 days.

The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, when a court grants leave to amend a complaint and sets a deadline, the initial submission date is typically considered as long as the amendment is made within the permitted time frame. However, if the clerk rejects the filing due to technical issues, this can complicate matters. The... View More

2 Answers | Asked in Contracts, Civil Litigation, Legal Malpractice and Trademark for California on
Q: Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

an application on Findings Order from demurring papers leave to amend in 20 days.

The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the filing on a technical issue.

The technical issues was immediately resolved and resubmitted. Aft 3 more days the... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, the legal procedure around amended complaints and the timing of submissions can be complex. When you initially submit your amended document within the allowed timeframe, which in your case was within 20 days, you've adhered to the initial requirement. However, if the clerk... View More

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4 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: Is it legal malpractice when a lawyer in an auto injury case doesnt contact the tow yard allowing the car to be sold?

This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts... View More

William John Light
William John Light
answered on Mar 21, 2024

I respectfully disagree with Mr. Selik. The attorney was representing the injured party in a personal injury case. Not a property damage case. It was not the attorney's duty to preserve or protect the car since he was not hired for that. Further, it does not seem that he could have done... View More

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4 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: Is it legal malpractice when a lawyer in an auto injury case doesnt contact the tow yard allowing the car to be sold?

This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California law, legal malpractice occurs when an attorney fails to use the skill, prudence, and diligence that other members of the legal profession commonly possess and exercise. In the scenario you've described, if the attorney was informed about the importance of the vehicle and its... View More

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Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?

The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More

James L. Arrasmith
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answered on Mar 21, 2024

In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More

1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: If Plaintiff makes Policy Limit Demand on a burner policy, is insur. co. obligated to pay full or amount less costs?

Example: Defendant's insurance policy is a 100K 'burner policy' where defense of the claim lessens the amount for settlement.

If P makes a policy limits demand for 100K, and insurance co. accepts, does insurance co. pay 100K or 100K minus defense costs?

And is the... View More

James L. Arrasmith
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answered on Mar 18, 2024

In California, if the plaintiff makes a policy limit demand on a 'burner policy' — a type of insurance where defense costs reduce the policy limits — the insurance company's payout depends on the specific terms of the policy. If the insurance company accepts a demand for the... View More

2 Answers | Asked in Legal Malpractice and Real Estate Law for Texas on
Q: clouded title preventing the sale of inherited property. the other party filed ppwk with the wrong legal discription

The lawyer who probated the will is wanting a signature for a settlement to the other party. The paper he wants signed has no information for what the settlement is. The will was signed by 2 judges and gives sole inheritance of the property to defendent and plantiff is not in the will. The... View More

James L. Arrasmith
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answered on Mar 20, 2024

In your situation, if there's a clouded title due to incorrect paperwork and disputes over inheritance, it's crucial to approach this methodically. First, do not sign any documents that you do not fully understand, especially if they lack clear details regarding the settlement. It's... View More

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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: RUSH answer if possible! What is the sequential process of Withdrawal of Attorney vs Motion to be Relieved as Counsel

My attny called informing desire to dismiss me as a client..a week after I pointed out & voiced my frustration at their most recent egregious mishandling of my case so they would hop on it to fix them - several of which I've come to Justia to inquire about. Ironically claiming I... View More

James L. Arrasmith
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answered on Mar 17, 2024

In California, the process for an attorney to withdraw from a case, and for a client to dismiss their attorney, involves distinct legal steps and documents. If your attorney wishes to withdraw, they must file a motion to be relieved as counsel, typically citing reasons for the withdrawal without... View More

1 Answer | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Q: If I never signed a receipt, agreeing to my inheritance and releasing my attorney from liability, is this in my favor?

What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More

1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence, Legal Malpractice and Family Law for Utah on
Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa

s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:

As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it....
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1 Answer | Asked in Legal Malpractice and Medical Malpractice for New York on
Q: A malpractice claim was filed for allegedly negligence and malpractice against a provider.

The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2024

In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and Probate for California on
Q: Statue of limitation on fraudulent misrepresentation, concealment client & the court

What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate.... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).... View More

1 Answer | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: My mom was deaf and a patient at Sutter in Sacramento CA. She expired and was never offered interpreter. Who can help?

She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:

1. File...
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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: Can I request the emails/letters sent by my lawyer/paralegal on my behalf to defense attorney?

My lawyers have done many, many things to my case that have become very problematic to my overall WC case and literally my health. It looks like purposefully done actions because the only other angle is that it would be pure incompetence.

I now have a feeling that several of the last email... View More

James L. Arrasmith
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answered on Mar 9, 2024

In California, as a client, you have the right to access your case file, which includes correspondence related to your case, such as emails and letters sent by your lawyer or paralegal to the defense attorney. This right is based on the principle that the client is the owner of the case file, and... View More

1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: What documents can a defense attorney turn down for submission to AME doctor/evaluation?

My lawyers somehow forgot to include a very important practitioner I used via the workers comp system, on an older claim, though this practitioner is key in discussing the situation on my cumulative injury newer claim. My lawyers are saying that my defense attorney may turn it down now even though... View More

James L. Arrasmith
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answered on Mar 8, 2024

In California, the defense attorney has the right to object to the submission of new medical records or documents to the Agreed Medical Evaluator (AME) if they believe the records are not relevant, not properly authenticated, or not submitted in a timely manner. However, the specific rules and... View More

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