I agree with atttorney Marsh but a word of caution about enrolled agents and accountants - there is no client confidentiality. So if there is more to this story than a simple error, best to speak with a tax attorney or CPA attorney so that attorney client confidentiality applies.
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Not sure about that other lawyer's advise but you are looking at potential violations of California laws on corpse desecration not to mention intentional infliction of emotional distress to the decedent's relatives. You can try that zombie stuff in Court but I doubt it would cut it with the Judge absent some expert testimony.
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This sounds more like an overpayment than a criminal case. If you pay back the overpayment quickly, there is a chance the case will just go away. But it is not clear if you are even facing any overpayment yet?
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Technically extortion or robbery and assault and battery but the DA is likely not going to prosecute even if the police took a report.
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The quick answer is No. However, there are always exceptions to the rule.
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I say get rid of the expert witness - how unprofessional can you get - badmouthing the attorney, dredging up irrelevant medical issues, etc. Do you really want that person as a witness? The witness should refund your fee, they are the one who is refusing to honor their agreement with you not the attorney.
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In general, your lawyer's fee is governed by the fee agreement. The lawyer is also obligated to pay off medical liens. You need to ask your lawyer what, if anything, will you get if the case settles for the policy limit. Getting nothing except your bills paid is not unusual and it is not exactly unfair because you would owe those bills if there was no settlement.
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You can institute disciplinary proceedings against them under The General Laws of the Moose International and the Supreme Lodge of the Loyal Order of Moose. If they are found guilty that should clear you of the false allegations and their fallout.
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As noted you may have waited too long but if there was fraud or concealment by the attorney the time limit for filing suit could be as long as four years. You need to obtain a consultation with an attorney who handles legal malpractice. The State Bar is not going to provide you any remedy at all.
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Attorneys are generally unfamiliar with the Hague Treaty as are courts. In Europe it is another matter. The real problem arises with countries that are not a party to the Hague treaty. Jonathan Levy Attorney & Solicitor Brimstone & Co. 1629 K Street NW Suite 300 Washington, DC 20006 ph: +1 202 318 2406 fax: +1 202 318 2406 chambers@brimstoneandcompany
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