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Michael Raymond Daymude
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Michael Daymude’s Answers

7,080 total


  • What are the main reasons for a lawyer to drop the case or to pass it on to another lawyer. How ethical is this?

    My lawyer did not explain anything to me regarding my case (car accidents with lawsuit) for 3 years. He barely answers me. I finally got fed up and talked to him that I am so unhappy and I rather have somebody who cares. Well, he was not shocked a...

    Michael’s Answer

    You may find this blog post helpful in answering your questions about contingency fees after withdrawal:
    "Contingency Fee Recovery After Withdrawal or Discharge" at http://mrdaymude.com/contingency-fee-recover-after-withdrawal-or-discharge.

    In essence, you only pay one contingency fee. Your new attorney and prior attorney will work out the split between them or arbitrate the issue. Your biggest issue will be finding a lawyer willing to take the case.

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  • What does it take to prove undue influence in a financial elder abuse case? Can I bring action after elder has passed?

    My mother passed away 5 mon ago, she was 85. My brother is sole trustee (since 2011, estate value of $1,000,000), a position he may have convinced her to put him in. We were co-trustees prior to that. Once he was sole trustee, he used her credit...

    Michael’s Answer

    It appears this may be a case of financial elder abuse and breach of fiduciary duty.
    Civil law defines civil elder financial abuse as when a person or entity does any of the following:

    1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder for a wrongful use or with intent to defraud, or both.
    2. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder for a wrongful use or with intent to defraud, or both.
    3. Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an by undue influence. Undue influence means excessive persuasion that result in inequity. (Welfare & Institutions Code Section 15610.30)

    What constitutes undue influence? See Welfare and Institutions Code section 15610.70.

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  • What are my options if I suspect my former family law attorney was unethical? (inform state board, file for malpractice)

    My family law attorney failed to notify me of discovery requests until after the demands were due. This eliminated the right to object. The requests were cumbersome and unreasonable. I prepared the documents by working for 40 hours straight since ...

    Michael’s Answer

    These are questions you need to ask your new attorney. You should always follow your attorney's advice, not advice from attorneys here.

    If your attorney was voluntarily subbed out, or if a motion was made, I do not see that as being unethical. Not releasing a "complete file" may be mere oversight. Your new attorney should be able to obtain any missing files.

    Malpractice requires provable damages and expert opinion testimony. I would not file such a suit based upon the limited facts you have presented.

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  • Is it possible to find a Pro Bono Attorney in San Bernardino County for a Slam-Dunk Construction Case?

    I hired a Contractor who started March 1 for a kitchen remodel. He damaged my house! Cut my engineered trusses out without any permits, plans, etc. even though our contract said he was responsible for all permits, etc. City served stop work order....

    Michael’s Answer

    I too think it will be hard to find an attorney. Why would an attorney want to handle your case free of charge? You do not work for free, do you?

    Your question is unclear. A business license is different from a contractor's license. Not having a business license can be cured.

    If there is a state contractor's license bond, it would appear the contractor is licensed but the bond amount is usually limited to $12,500. Chances are the contractor is judgment proof. I would not consider taking such a case, even on a 50% contingency basis.

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  • What is the best way to divide retirement funds when filing for divorce?

    we are both 56 yrs old and filing for divorce. he has a retirement acct and how should we handle the money? wait until we are retirement age or do it now?

    Michael’s Answer

    No one reading your question can answer it. The answer is fact specific. Not all retirement accounts are created equal. This is a question for your tax professional and attorney.

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  • After parent passed, trustee immediately files lawsuit to quite title thru civil. Answered complaint.

    Instead of the alleged trustee filing with probate, she sues, JOINT TENANCY passes probate and will, that was my understanding. But sues on behalf of deceased parent, fraud undue influence, parent still had capacity when grant deed was signed, in ...

    Michael’s Answer

    Your facts are not clear. A trustee is not required to sue in probate to quiet title to set aside the deed. Capacity and undue influence are two different things. You need to retain counsel. Good luck.

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  • Can you obtain a minute order for me at the van Nuys court? I am in DC and my employer wants it. Thanks

    I need a minute order sent to me via email. Can anyone pick it up, or does it have to be a lawyer? It is regarding a DUI back in 2009. Thank you.

    Michael’s Answer

    Hire an attorney service to obtain it for you. Easiest and cheapest way. Good luck.

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  • Does limited-scope representation apply to businesses?

    I have a 10-person company, and I would like to sue a vendor for fraud. My VP for marketing is a former attorney who passed the bar in Florida, but who has never practiced law in California. Do California's limited-scope representation statutes ...

    Michael’s Answer

    "Do California's limited-scope representation statutes permit my firm to hire a lawyer to be the attorney of record and handle certain other matters, while my marketing VP writes the complaint, prepares motions, etc?"

    Assuming your firm is a business entity, not a sole proprietorship or general partnership, the answer is no. A business entity can only be represented in court by a licensed CA attorney, assuming this is a matter you intend to file in state court. The arrangement you mention is not limited scope representation because the CA attorney is attorney of record for all purposes.

    You may, however, be able to find an attorney who will represent the company on such terms and allow your employee to perform the functions you mention while supervising the employee and performing all functions required of an attorney of record.

    I feel I should point out that practice and procedure vary substantially from state to state and unless your employee has some special expertise, which is unlikely since the employee just passed the bar in Florida, you might find it just as cost effective and enjoy a greater likelihood of success by retaining qualified CA counsel for all purposes.

    You may find this FAQ helpful in understanding limited scope representation:
    "What is limited scope representation?" at http://mrdaymude.com/tips/#tip10.

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  • I own 25% of a house with the other 75% owned by my brother. Does his legal authority exceed mine over the house and land?

    My intent is to open a bike repair shop (w/ insurance) as to generate income for paying taxes and utilities, my brother is in opposition thus giving me a letter demanding I stop. I refused. Does he have veto power as a proximate case of owning ...

    Michael’s Answer

    You do not mention how it is that you have a 25% interest. It is important to the analysis. Assuming it is simply by deed, individually, as tenants in common without any agreement between you regarding ownership -- no, your brother does not have veto power. However, your brother has an equal right to occupy the whole of the property and perhaps your use denies him that right. If you cannot agree on how to manage and control the property a partition action is the remedy. I urge you to consider mediation of any disputes you have with your brother over your rights and responsibilities, or consider selling the property and dividing the proceeds according to your respective interests.

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  • Burden Shifted to Defendant in Civil Matters; possession of evidence

    So isn't the burden shifted to Defendant in civil matters when they are in possession of all the evidence that could prove or disprove of a case. Why or why not??

    Michael’s Answer

    "Isn't the burden shifted to Defendant in civil matters when they are in possession of all the evidence that could prove or disprove of a case." -- No. Which burden are you writing about? Burden of producing evidence or burden of proof? They are different concepts and different rules apply. Plaintiff always has the burden of producing substantial evidence to support each element of each cause of action. Certain presumptions may apply in context to make that burden easier but it is never shifted to defendant. Defendant, on the other hand, has the burden of producing substantial evidence to support of its defenses.

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