Archived
How does a lawyer withdraw his representation in a probate proceeding, and does it require court approval?
Herb's answer
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Answered on July 23, 2017
Either you sign the substitution of attorney (which does not require court approval), or your attorney has to file a motion to be released. But...
Archived
Does motion to reconsider worth it?
Herb's answer
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Answered on July 21, 2017
A Motion for Reconsideration is proper only if you provide new or different law or facts. It is not a vehicle to simply re-argue matters already...
What is the effect of failure to file an affidavit in response / opposition to an application by your adversary?
Herb's answer
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Answered on July 21, 2017
More information is needed - what kind of case is it? What is the "application" for? What reasons were given for the continuances?
But generally...
Archived
Is it coercion for an attorney to cap his fees if I settle? (trust litigation)
Herb's answer
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Answered on July 20, 2017
I agree with Mr. Seal that this situations is ripe for a second opinion. As an appellate attorney who represents litigants who lost at trial and...
Archived
I have a question about a timing issue in filing an appeal?
Herb's answer
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Answered on July 19, 2017
The rule is the rule. It was your responsibility as the moving party to assure that the ruling was issued on time, or that a notice of appeal was...
Archived
How to request payment after settlement agreement?
Herb's answer
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Answered on July 18, 2017
There are all good questions, but cannot be answered in the abstract. Much depends on the specific terms of the agreement that you reach. You...
How do I file a motion to vacate the dismissal for my Appeal and have it reinstated?
Herb's answer
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Answered on July 17, 2017
There is no form. You must instead draft a Motion to Vacate Dismissal and Reinstate Appeal, providing good cause for the delay or other problems. ...
Archived
What kind of lawyer should I be looking for?
Herb's answer
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Answered on July 17, 2017
Generally speaking, you probably should retain a probate litigation attorney, as these matters are governed by the Probate Code.
Can a witness be asked to sign a settlement agreement?
Herb's answer
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Answered on July 16, 2017
I agree with Mr. Robinson. If you are considering signing the document, you should consider having your own attorney review it first so that you...
Archived
Can Settlement Conference Officers enforce settlements and/or sanction unreasonable plaintiffs?
Herb's answer
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Answered on July 16, 2017
The purpose of an MSC is to determine if the parties - who by then were not able to settle the case through informal discussions - can now reach...
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