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Sam Yebri
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Sam Yebri’s Answers

5 total

  • Am I an employee or independent contractor?

    I need to pursue a previous employer (a lawyer, no less) who fired me & hasn't paid me for many, many hours of work - in fact, she instructed me, "take me to court". Even though she initially gave me a W-9 to sign, I think I may actually qualify a...

    Sam’s Answer

    The California Labor Code applies to employees, not independent contractors. Courts consider several different factors to determine whether you are an employee or independent contractor. I suggest you call an employment attorney so he or she may analyze your facts.

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  • Can I request an extension of my deposition? If so, will I be sanctioned?

    I am a witness to my cousin and opposing counsel served me with a deposition that is going to take place during my workday. I want to request to be deposed on my Friday off.

    Sam’s Answer

    It is important that you not simply ignore the deposition notice or subpoena. Call the attorney and ask that the deposition be rescheduled. Make sure you follow up with an email or letter to document your request and your reasons. You will likely not be subject to a discovery motion or sanctions if you are acting in good faith. Most attorneys will be accommodating.

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  • If i pay my lawyer 150 per hour per our fee agreement do i owe him 20% of the settlement?

    This is for va disability. my lawyer took the case and signed a fee agreement at 150 per hour nothing else mentioned. Now the va has decided the case and i am receiving a large settlement my lawyer says he gets 20% and he will return all of the ho...

    Sam’s Answer

    Your signed written agreement with him will govern. Don't let him bully you into orally modifying the agreement.

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  • When you fire your attorney do they have to provide you with a copy of the case file?

    After numerous disagreements and legal missteps, and at the request of the attorney who has represented me in a civil suit for the past six months, I terminated the retainer agreement. We are square financially, however the attorney is refusing t...

    Sam’s Answer

    While each state has its own relevant rules, your prior counsel's refusal to provide you with your case file likely violates state ethics rules or rules of professional conduct. The case file belongs to you. While the attorney may try to hold the file hostage in an effort to collect any unpaid fees, this is a dangerous step. You should not let him/her get away with it.

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  • Can I myself enforce a judgment?

    I received a stipulation judgment that said "plaintiffs can record the judgment but are prohibited from taking action until the conclusion of the trial or settlement of the case entitled GGG v. CB, bearing the case number xx-xxxx-xxxxxxxx."

    Sam’s Answer

    Yes, you can enforce a judgment yourself, but you would be advised to consult with a collection attorney. Generally, you will need to file an abstract of judgment and writ of execution with the Court. You will then be able to enforce the judgment through various methods, including a bank levy, a lien on real property, or wage garnishment. Noticing a judgment debtor examination may also be a helpful step for you to gain more information to enforce your judgment. Good luck.

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