A non-lawyer may not solicit clients for lawyers in California in a manner that a lawyer is barred from doing. In other words, if I can not do what you suggest for myself, I cannot hire anyone else to do it either. I am not sure that the television-website-contact form is prohibited - I can run advertisements and ask people to check my website and communicate with me. The pricing issue becomes pretty sketchy though, and I am also worried about the nature of the solicitation. Before doing...
First, if it is the TRUTH then it is likely not slander. That does not mean you wouldn't be sued for a "tell all" book; it simply means if you are sued you would likely win. Second, how likely will you be sued? Only you know the parties that you will write about and so you know better than anyone else what their motivation may be. But, if you are in fact "judgment proof" then it would be unlikely that someone would expend large amounts of time, energy and money on sueing you.
Best bet - stick...
The short answer is - yes, you can sue her for the damage. But the problem will be the amount of recovery. How much was the car worth? That is all you can get. If you owed more than the car was worth (which is likely on a six year loan, which is probably why you had gap insurance) then your recovery would probably be a net of zero anyhow. Try to get what you can but realize that your damages are minimal. I am surprised that there was no injury since your car was totalled. Another option...
You can win a case without witnesses (other than yourself) but it makes it more difficult. It will be your word against the other person's. On the other hand, if these "witnesses" are reluctant to "take a stand" perhaps you would be better without their testimony? Just some food for thought.
Attorneys have an obligation of candor which means we must be open and forthright. As I understand your question you want to know if we must disclose to an adverse party that we represent the other party in the action. I think that depends on the circumstances. Obviously in order to make an appearance in court we have to notify all parties and if you were to speak to an attorney about your case they should disclose the representation for conflict of interest reasons.
It sounds like there...
Performance is required on your part to enforce the agreement. They are basically saying you did not perform therefore you can't enforce the terms of the agreement. If they are right then they do not have to give you notice because they are excused from doing so. If you really beleive that you are right (read your agreement thoroughly) then you might try small claims for the two weeks pay.
Good luck with it.
You may be ina pickle from a practical standpoint. You probably signed somthing that allows them to do the work when you dropped it off. If you don't pay they can probably slap a lien on the vehicle and, ultimately, sell it. That does not mean that what they did was right, but as a practical matter it may cost more to fight than to just work with them. You may want to tell them that you will report them to the licensing board and negotiate a reduction.
You should look through the Avvo guide for lawyers like this and contact them directly. If you are looking for general information you should post more information. By the way, if you are in Ventura, then the case is most likely an appeal to the 9th Circuit Court of Appeals which is huge geographically. You might want to expand your search to other areas.
Probably not. Another person can not obligate you to do somthing unless you specifically authorize them to do so. Based on what you said, I would just write a polite letter explaining you have no obligation to pay this and no intention to do so.