Archived
Legal Malpractice get filed where the attorney resides or where the case was? Do I have a strong case? Go for full retainer or ?
Herb's answer
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Answered on February 08, 2017
This appears to be an attorney fee dispute, which is different than (and much simpler than) a fee dispute. You can contact the Bar Association in...
Archived
Appropriate form to use as Memorandum of costs?
Herb's answer
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Answered on February 08, 2017
Attorneys fee requests are not handled by way of a memorandum of costs. You will need to file an RFO for attorney fees (a noticed motion). As for...
Archived
What should I do if opposing counsel failed to tell my ex about a settlement offer?
Herb's answer
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Answered on February 08, 2017
You are always free to attempt to negotiate a settlement directly with your ex (not through your attorney or hers).
Effect of Appeal of an Order Denying a Motion to Vacate Judgement (CCP 663) on the Deadline to Appeal the Underlying Case.
Herb's answer
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Answered on February 07, 2017
The order denying the motion to vacate is not a separately appealable order. The appeal is from the judgment itself. Although the motion might...
Archived
How do you introduce privledged documents into a court motion
Herb's answer
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Answered on February 01, 2017
You attach the letter and wait for your ex to object based on the attorney client privilege. It is not your obligation to protect a privilege...
FILING AN APPEAL IN 9TH CIRCUIT
Herb's answer
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Answered on January 31, 2017
I agree with Mr. Kassman's analysis. I would add that in situations such as this, it is not an "either/or" choice between trial counsel and...
Archived
A procedural question.
1- Can the Notice of Intent for a New Trial (CCP 657) and the supporting documents be filed together?
Herb's answer
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Answered on January 30, 2017
Be aware that the Notice of Intent has very specific pleading requirements, and that you should also file a Points and Authorities in addition to...
Archived
A significant portion of my case file was missing at a family law trial. Is this groups for appeal if there was a judgement made
Herb's answer
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Answered on January 29, 2017
Under these circumstances you may be entitled to a reversal per se. Please consult appellate counsel asap.
Archived
How can I find out if my ex posted a bond to stay a financial order pending his appeal?
Herb's answer
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Answered on January 28, 2017
In order to perfect an appellate stay, he would need to file in the Superior Court and serve you (or your attorney if you have one) with a copy of...
Archived
DFEH Appeal , How to handle it ?
Herb's answer
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Answered on January 27, 2017
I recommend that you consult with an employment law attorney. You question is too broad to be answered and would require an analysis of the facts...
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