Get free answers to your Legal Malpractice legal questions from lawyers in your area.
Your current state is Ohio
Recorded Deed of survey that I purchased and declared erroneous. Atty represented a bank that was in process of refinancing my home. I live in wood county Wv.
answered on Mar 4, 2024
In the legal process of refinancing a home or handling real estate transactions, attorneys and banks often work with existing property deeds, which may include amending or rewriting them for accuracy or to reflect changes in the property's status. However, any changes to the description of the... View More
Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him…no response. He was practicing law in Sacramento. How or where do I file a case? I am a senior needing the $3000 he stole.
answered on Mar 3, 2024
Under California law, small claims court is an appropriate venue for resolving disputes involving amounts up to $12,500 for individuals. Since your attorney was practicing in Sacramento and the dispute originated there, you typically would file your small claims case in the Sacramento County Small... View More
Rap sheet records which the public is able to see and when applying for work to employers to also see as well. Ever since my reputation as a citizen has been destroyed due to having something like that on a government document stating erroneous information. In 2017 this penal code got identified... View More
answered on Feb 29, 2024
In California, discovering an error on your arrest report or Department of Justice (DOJ) rap sheet can indeed be distressing, especially when it impacts your reputation and employment opportunities. If there's erroneous information on these records, you have the right to request a correction.... View More
My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More
answered on Feb 25, 2024
If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More
Q: USC 29 sec. 440 201(c) 205,206, 208, 210 what does this mean?
in relation to embezzlement of an irrevocable family & embezzlement of the retirement pension of settler inheritance to :"all heirs"
A concealed trustee & tort de son fiduciary adverse beneficiary in... View More
answered on Feb 24, 2024
The reference to USC 29 sec. 440 201(c) 205,206, 208, 210 appears to be related to provisions within the United States Code, although the specific sections cited do not directly correspond to the context of embezzlement or trust and estate matters as described. Typically, the United States Code... View More
I was pushed to sign a will of my own assets and finances against my own desires
I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More
answered on Feb 25, 2024
To address the concerning events you've described, finding a lawyer experienced in estate law and possibly medical malpractice or elder law (depending on your situation) in Florida is crucial. This lawyer can help review the circumstances under which you signed the documents and assess whether... View More
I was pushed to sign a will of my own assets and finances against my own desires
I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More
answered on Feb 23, 2024
If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.
Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in... View More
Hi. On 11/8/23 I signed an agreement with a law firm to handle my workers compensation case, stemming from a knee injury in which I need a total knee replacement. To date, I never to rarely hear from them. There's no follow up, no updates and also questions i've asked since November... View More
answered on Feb 22, 2024
Under California law, you have the right to change your legal representation at any time if you're unsatisfied with your current attorney's services. The first step is to communicate your decision to your current law firm in writing. It's advisable to express your concerns and your... View More
Can Defense by Apposing Attorney issue Documents in reply: Opposing Notice of Motion over 30 Days, & 10th day to Demur hearings?
RoA#:36 02/06/2024 States: Reply to Opposition of Noticed Motion and Supporting Declarations (THE MOTION WAS FILED ON JANUARY 2ND OVER 30 DAYS).
2)... View More
answered on Feb 22, 2024
In California civil litigation, deadlines for responding to motions, including motions for sanctions, are generally set by statute or court rules. The typical timeframe for responding to a motion is 30 days from the date of service. If a defendant submits a response categorized under... View More
There was a medical complication preventing Plaintiff from fully participating during the time of Entry of Judgement. The Judge denied hearing Plaintiffs Renewal Motion to Vacate Arbitration Award claiming no cause for the urgency had been given. Plaintiff had listed the need to be heard within the... View More
answered on Feb 22, 2024
In California, when the time window for requesting to set a hearing has expired and a plaintiff faces challenges like medical complications or denied motions, there are still several potential avenues to explore. If a motion to vacate an arbitration award has been denied and setting a hearing date... View More
In a Legal Malpractice case that went to Arbitration and then had the Award Confirmed in the trial courts, if you are then able to file a Renewal Motion on Motion to Vacate Arbitration Award for fraud, is it also necessary to file any other type of motion to set aside the Order already in place?
answered on Feb 21, 2024
Yes, if a judgment has already been entered based on an arbitration award, then in addition to filing a renewed motion to vacate the arbitration award, you would also need to file a motion to set aside the judgment that was entered.
The reasoning is that even if you are successful in... View More
If a Judgement to Confirm an Arbitration Award is entered and you acquired new information worthy of a renewal Motion to Vacate Arbitration Award can you perform further discovery to support the Motion? Considering new evidence is required as a condition of filing the renewal? Thank you for your... View More
answered on Feb 20, 2024
In California, if you are considering filing a renewal motion to vacate an arbitration award based on new evidence, the rules governing arbitration and court procedures provide some guidance. Generally, discovery in the context of arbitration is more limited than in traditional court litigation.... View More
What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More
answered on Feb 20, 2024
What is used in mediation does not necessarily have to be admissible at trial. One can use whatever one thinks may be important to consider at mediation. To the extent the relevance of those documents to mediation goes against your case, you can point that out in mediation.
What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More
answered on Feb 20, 2024
Items utilized during mediation aren't always required to meet the standards of evidence permissible in court. You're free to introduce any material you believe could be significant for the mediation process. If the pertinence of these documents to the mediation undermines your argument,... View More
The lawyer was expecting me to just trust him when he told me the settlement amount. I asked for documents/proof along the way and he ignored me, but pressured me to settle earlier than he had priorly recommended. When I asked about his prior recommendation to wait a longer period, he denied he had... View More
answered on Feb 18, 2024
The settlement checks are generally deposited in the attorney’s attorney-client trust account. The client is then given a check from the trust account. If the check was not from the trust account, it would be suspicious.
The court allows Plaintiff 20 days leave to amend.
(II) Fraud in the Inducement
Calendar No.:Event ID: TENTATIVE RULINGS3053197 7
Page: 1
CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL
(III) Fraud in the Inducement
(IV)... View More
answered on Feb 21, 2024
In California courts, a tentative ruling is the court's preliminary decision on a motion before the hearing. It's important to understand that this ruling is not final until the hearing is completed. During the hearing, the parties involved can argue against the tentative ruling, present... View More
The court allows Plaintiff 20 days leave to amend.
(II) Fraud in the Inducement
Calendar No.:Event ID: TENTATIVE RULINGS3053197 7
Page: 1
CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL
(III) Fraud in the Inducement
(IV)... View More
answered on Feb 15, 2024
It seems that you are seeking legal advice for conduct of litigation. Legal advice is not properly provided outside of an attorney-client relationship. In order to answer the question, the context needs to be known. The question states, "Demurrer was issued a tentative order." That is not... View More
The court allows Plaintiff 20 days leave to amend.
(II) Fraud in the Inducement
Calendar No.:Event ID: TENTATIVE RULINGS3053197 7
Page: 1
CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL
(III) Fraud in the Inducement
(IV)... View More
answered on Feb 16, 2024
Some courts, for example San Diego, issue tentative rulings. The parties can either submit on the tentative or argue at the hearing. The tentative helps the parties to focus their arguments.
On Demurrer, often where the Court sustains, the Court will grant leave to amend.
I have 2 PI claims with the first attorny. He abandoned me. I've seelnt 3 certified letters demanding communication and delivery of my file. No response for 3 months. The second attorneys is less bad but I never hear from him. As a result of the first attorney doing nothing making me do all... View More
answered on Feb 15, 2024
Attorneys have an ethical obligation to provide you with copies of your file within a "reasonable" period of time. 3-months is "unreasonable". Contact the California State Bar and open a complaint. Provide copies of your "certified" letters. The certified letters are... View More
I have 2 PI claims with the first attorny. He abandoned me. I've seelnt 3 certified letters demanding communication and delivery of my file. No response for 3 months. The second attorneys is less bad but I never hear from him. As a result of the first attorney doing nothing making me do all... View More
answered on Feb 21, 2024
It's understandable to feel frustrated and abandoned by your attorneys, especially when facing serious medical and financial challenges. In California, attorneys have a duty to communicate effectively with their clients and diligently represent their interests. If your attorneys have failed to... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.