Herb Fox’s Answers

Herb Fox

Los Angeles Appeals Lawyer.

Contributor Level 16
  1. Can Uncontested Divorce Judgement be successfully appealed.

    Answered about 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 over 2 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. Is federal public defender better than regular superior court public defender? Can he provide better offer for me?

    Answered about 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

  4. To appeal or not to appeal?

    Answered 11 months 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

  5. Can an uncontested divorce judgment be successfully appealed

    Answered 9 months 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

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

    Answered over 2 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

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  7. How many days do I have to file a notice of appeal after entry of judgment?

    Answered 5 months ago.

    1. Herb Fox
    2. Lara Meredith Krieger
    2 lawyer answers

    The general rule is 60 days from notice of entry, assuming you are in unlimited jurisdiction. There are about a dozen exception, many of which extend the time. The definition of "notice of entry" can also be tricky. Best to file the notice of appeal immediately. Otherwise consult with appellate counsel

    10 lawyers agreed with this answer

  8. Can I appeal a family law court order?

    Answered about 1 year ago.

    1. Herb Fox
    2. Stephen Ross Cohen
    3. Bernal Peter Ojeda
    3 lawyer answers

    I would like to answer your question, but you do not provide enough information for me to do so. For one thing, some family law court orders can be appealed. Others cannot. Some must be handled immediately by a different procedure; others must wait a final judgment, Also, the time to appeal can vary depending on a variety of circumstances. You might anywhere from 10 or 15 days to 180 days. I recommend that you consult with an appellate attorney as soon as possible. See: www....

    10 lawyers agreed with this answer

  9. Can an attorney verify a Return (response to Writ filed with Court of Appeals) instead of client/litigant?

    Answered about 1 month ago.

    1. Herb Fox
    2. James Murray Warden
    2 lawyer answers

    The Writ Petition (or the return) must be verified by a person who has personal knowledge of the facts set forth in the pleading. Because appellate writ petitions often concern matters and proceedings that occurred in the trial court (and not evidentiary matters pertaining to the merits of a case), such petitions are commonly verified by an attorney who participated in those proceedings and/or who has personally reviewed the pleadings filed below. The rule is different, of course, for...

    9 lawyers agreed with this answer

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  10. My friend hired an attorney to file a federal appeal. It's been 10 months and no word, should we be worried? It is a drug case.

    Answered about 1 year ago.

    1. Anthony Michael Solis
    2. Herb Fox
    3. Michael Kevin Cernyar
    4. Vijay Dinakar
    5. Oscar Ernesto Toscano
    6. ···
    9 lawyer answers

    If its been only 10 months, its possible that the opening brief has not even been filed. Appeals can take as long as two or three years in the 9th Circuit.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful