Archived
I asked my attorney not to represent me anymore hours after paying him a retainer, he said no and is now bungling my case to hel
Herb's answer
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Answered on July 21, 2013
There is a difference between firing your lawyer and getting your money back. You have the absolute right to terminate your attorney - for any...
Archived
When is it better to attack a void judgment/order/decree by direct appeal vs. motion to vacate (which might be appealed)?
Herb's answer
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Answered on July 21, 2013
Mr. Perry is correct. In nearly all situations, you must first provide an opportunity to the trial court to rule on your motion, and by doing so...
Archived
Is Getting Your Money From A Lien Before Conclusion of Services Ethical?
Herb's answer
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Answered on July 20, 2013
OK, this is more information than the prior posting that I responded to. But it is still unclear whether this was a contingency fee; was the...
Archived
Is Taking Out A Deed Of Trust Unethical?
Herb's answer
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Answered on July 20, 2013
I agree with Mr. Doland.
There are at least three issues here (and probably more):
Does the retainer agreement comply with the ethical rules...
Archived
If court of appeal requested a response from real parties in interest for a writ of mandate can i file a reply to that?
Herb's answer
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Answered on July 20, 2013
Yes, you have the right to file a reply, within 10 days of the filing of the preliminary response. See rule of court 8,487(b).
Archived
A judge reversed his decision 2 years later and I don't believe he is aware of it. What options do I have?
Herb's answer
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Answered on July 20, 2013
First, I suspect that the judge did know that he was the judge who granted the judgment 2 years ago. Most family law judges stay with the case...
Archived
What can I do after a trial due novo when the judge only awarded me half my judgement and I'm not satisfied?
Herb's answer
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Answered on July 20, 2013
I have reviewed 16 CCR 3950 and it does not state that you would be entitled to a full refund under all circumstances. I assume that in your case,...
Archived
Resolving A Business Dispute With A Public Figure. How can I file to get a judgment or garnishment?
Herb's answer
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Answered on July 18, 2013
I agree that you need to consult with a business litigation attorney to determine whether you have a case. I am concerned however, that you...
Archived
Looking for a attorney to work on contingency.
Herb's answer
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Answered on July 18, 2013
If you only have 8 days to file the notice of appeal - and I have no idea if that is correct - then it is already too late to file a motion for...
Archived
Can I appeal my case even if the restraining order for 2 years is already grnted?
Herb's answer
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Answered on July 18, 2013
Your time to file a Notice of Appeal may have already lapsed. You had 60 days from the date that the order granting the restraining order was...
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