Archived
What can I do when my Lawyer won't return calls nor pay the agreed 33% on a Personal Injury case that was just won this year?
Herb's answer
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Answered on October 09, 2018
At least one thing does not add up: you say that you were "told" that the case went to trial. If you were not there, there was no trial. Even if...
Archived
If there is new case law, can it over turn a former court order?
Herb's answer
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Answered on October 09, 2018
Perhaps; perhaps not. Much depends on a confluence of factors and facts, including: when was the order entered? what exactly does the new opinion...
Does a child custody appeal stay the current custody order? What action to take when receiving notice of appeal?
Herb's answer
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Answered on October 08, 2018
Generally speaking there is no automatic stay of a custody order upon its appeal, whether arising from a family court or juvenile dependency...
Personal supplemental brief the same thing as pro se supplemental brief?
Herb's answer
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Answered on October 08, 2018
The "personal supplemental Brief" is allowed in criminal appeals when appointed appellate counsel files a "Wende" brief stating that upon review of...
Appeals and Petition For Review By California Supreme Court?
Herb's answer
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Answered on October 08, 2018
To answer your question: See Rule of Court 8.500(e)(2): the Supreme Court may grant relief for failure to file a timely Petition for Review as long...
Archived
What is the statue of limitation to appeal the trial judge's tentative ruling on a motion?
Herb's answer
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Answered on October 07, 2018
A tentative ruling on a motion is not appealable. Nor, generally speaking, can you appeal a final ruling on an order, unless the order dismisses...
How long can a divorce case stay pending in California?
Herb's answer
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Answered on October 07, 2018
"Not contest" can mean different things, especially to parties without legal training. You can "not contest" the termination of the marriage...
Can a paralegal be made to testify against her boss (attorney) in trial, if said boss was being sued?
Herb's answer
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Answered on October 06, 2018
There is no attorney-client relationship as between a paralegal and attorney; the privilege belongs to the client and the paralegal is bound by it...
Archived
If you missed court date and probate was granted
Herb's answer
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Answered on October 06, 2018
You say that you missed the court date. But did you file papers stating your position before that court date? If not, there is nothing you can...
Attorney missed deadline for filing my appeal after already getting 3 extensions. Appeal has been dismissed. Legal Malpractice?
Herb's answer
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Answered on October 06, 2018
This may be malpractice, but the more difficult question is whether you can prove damages. For that, you need to prove that you would have won the...
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