Herb Fox’s Answers

Herb Fox

Los Angeles Appeals Lawyer.

Contributor Level 17
  1. Can Uncontested Divorce Judgement be successfully appealed.

    Answered over 1 year ago.

    1. Gregory Paul Benton
    2. Herb Fox
    3. Michael Douglas Shafer
    4. James Louis Miller
    5. Joseph Torri
    6. ···
    7 lawyer answers

    I generally agree with my colleagues. But to add some information: Technically speaking, she has the "right" to appeal the judgment to the State Court of Appeal, as long as she files the Notice of Appeal on time (within 60 days of the date the judgment was mailed to you by the clerk of the court). But that appeal will go nowhere because the judgment was stipulated, and if she went ahead with it you could seek an award of attorneys fees and other expenses against her for prosecuting a...

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  2. How should I response to motion for substitution of attorney at appellate court?

    Answered about 3 years ago.

    1. Herb Fox
    2. Catherine Elizabeth Bennett
    3. Anne Whalen Gill
    3 lawyer answers

    You should not force your attorney to continue to represent you, and the chances are great that the Court of Appeal will grant the motion to withdraw regardless of your opposition. I recommend that you instead spend your time locating and retaining appellate counsel. It should not take very long to find one if your case has merit. As for time, once the Notice of Appeal has been filed, the Court of Appeal tends to be generous about allowing you additional time to take steps such...

    13 lawyers agreed with this answer

  3. Divorce Appeal

    Answered 3 months ago.

    1. Herb Fox
    2. Claudia Silverman
    3. Edna Carroll Straus
    4. Patricia Ann Teunisse
    4 lawyer answers

    Your ex cannot simply "appeal" the judgment and msa. She instead would have to file an RFO to vacate (set aside) the msa, and she needs to demonstrate something more than a change of heart. "Distress" is generally not a reason that allows a judge to set aside the msa, because all divorces are stressful. What could make a difference in her favor is if you had an attorney and she did not, or the settlement is grossly unfair on its face, or you both failed to exchange preliminary financial...

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  4. Is federal public defender better than regular superior court public defender? Can he provide better offer for me?

    Answered over 1 year ago.

    1. Herb Fox
    2. Joshua Kaizuka
    3. Ernest DuBose
    4. Anthony Michael Solis
    5. David Patrick Vaughn
    6. ···
    7 lawyer answers

    I am not an expert on the appointment of public defenders, but I believe that if you are charged in a state court (Superior Court) you get a state public defender; if you are facing trial in a federal court (federal district) you get a federal public defender. I don't believe that you have a choice. Perhaps others know whether there is some way around this system.

    12 lawyers agreed with this answer

  5. To appeal or not to appeal?

    Answered over 1 year ago.

    1. Herb Fox
    2. Ted Harvatin
    3. Michael Kevin Cernyar
    4. Christopher Irvin Simser
    4 lawyer answers

    Your questions are well taken, but much too complex for anyone to answer by way of AVVO. You need an in depth consultation with an appellate attorney, and you need to do that now before more time runs out.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. If a DEFENDANT ASSERTS A LITIGATION PRIVILEGE FROM A PREVIOUS CASE , IS THE PRIVILEGE ABSOLUTE?

    Answered 2 months ago.

    1. Herb Fox
    2. Alan Ray Barnes
    3. Frank Wei-Hong Chen
    3 lawyer answers

    I think that you misunderstand the meaning of the litigation privilege. It protects parties from liability for statements made in judicial proceedings; in other words, you cannot sue a party for damages resulting from statements made in a legal proceeding (with one narrow exception for malicious prosecution). The privilege does not mean, however, that the previous statement cannot be offered into evidence in a new proceeding as, for example, a prior inconsistent statement or other...

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  7. Can an uncontested divorce judgment be successfully appealed

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Herb Fox
    3. Sandra Maria Nutt
    4. Athina Karamanlis Powers
    5. Stephen Peter Anderson
    5 lawyer answers

    I agree with Mr. Daymude, except that it is not clear whether wife wants to vacate judgment or enforce it. In any event she needs a family law attorney asap. This is not an appeal situation (yet).

    11 lawyers agreed with this answer

  8. Can a defendant attorney contact a plaintiff friends or family to contact plaintiff? Is this within the attorney authority

    Answered about 3 years ago.

    1. Herb Fox
    2. Frank Wei-Hong Chen
    3. Paul Y. Lee
    4. Thomas Allen Neil
    4 lawyer answers

    Assuming that you are representing yourself in pro per (as it appears) the defendant's attorney can contact you directly. That would only be improper if you are representing by an attorney and the defendant's attorney is aware of that representation. If the attorney can contact you directly nothing prevents that attorney from doing so through a relative. While it might not show tact, it is not unethical. The attorney does not owe you any duties of confidentiality or, for that matter,...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can Prosecutor submit evidence in criminal case day my Trial starts..

    Answered about 2 months ago.

    1. Herb Fox
    2. Joshua Sachs
    3. Jay Scott Finnecy
    4. Alan James Brinkmeier
    5. Michael Leon Marowitz
    6. ···
    6 lawyer answers

    Right now, this is a question you should ask your defense attorney,.

    10 lawyers agreed with this answer

  10. We need an criminal defense attorney who specializes in the appeals process

    Answered 6 months ago.

    1. Jay Scott Finnecy
    2. Timothy Monroe Prentiss II
    3. Greg Thomas Hill
    4. Herb Fox
    5. James Roy Dickinson
    5 lawyer answers

    Your cousin (or you) should immediately contact the California Appellate Project ("CAP"), which provides appellate level defense attorneys for convicted defendants who cannot afford to pay for private appellate counsel. Whether or not your cousin qualifies for CAP representation is up to that organization. Here is the contact information for CAP: California Appellate Project Los Angeles Office 520 S. Grand Avenue, 4th Floor Los Angeles, CA 90071 Telephone: 213-243-0300

    10 lawyers agreed with this answer