Archived
Could someone briefly explain the implied findings issue in relation to evidence in laymen terms?
Civil Appeals Level.
Herb's answer
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Answered on March 12, 2013
I believe that you are conflating implied findings with substantial evidence - which is easy to do.
A finding is a legal conclusion(for example,...
Archived
How do i report a lawyer for unethical behavior
Herb's answer
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Answered on March 11, 2013
If I can read into your question, you provided information (yourself if you are in pro per, or through your attorney) to the opposing attorney,...
Archived
Being sued by my former attorney even though I dispute the validity of some charges on my bill for legal services
Herb's answer
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Answered on March 08, 2013
I understand your position, but in my opinion drafting discovery, form interrogatories, demand for production of documents, demand for inspection...
Archived
Spouse has removed large sum of money from our account and won't tell me where it is. Can I file for breach of fiduciary duty?
Herb's answer
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Answered on March 08, 2013
I recommend that you consult with a family law attorney as soon as possible.
Archived
If a notice of appeal has been filed, can a party still seek a motion/OSC regarding child custody during the appeal?
Herb's answer
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Answered on March 07, 2013
Your question is a little too vague to answer.
Does the "family court ruling" on appeal concern child custody? If not there is no effect on a...
What are the chances of winning an appeal on a child custody case judgment ?
Herb's answer
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Answered on March 06, 2013
I am sorry to hear about the painful outcome of this case.
Custody decisions are very difficult to reverse on appeal. Practically speaking,...
Archived
Personal Injury Case: I was the plaintiff and I am looking for an attorney to appeal. My case was dismissed after my
Herb's answer
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Answered on March 06, 2013
I will try to briefly answer your thoughtful questions:
1. If the appeal in my case is de novo trial, then why was I told that winning such appeal...
Archived
We are looking for a Ethics/Professional Responsibility lawyer in Los Angeles area.
Herb's answer
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Answered on March 05, 2013
The type of attorney you are looking for is one who handle professional malpractice. There are many such attorneys in the L.A. area. You can also...
Archived
Appeal a ruling from an arbitration hearing from a year ago?
Herb's answer
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Answered on March 05, 2013
First, if this was binding arbitration pursuant to an arbitration agreement, you never had the right to "reopen" the case in civil court. You may...
Archived
Preservation of Evidence in Small Claims cases being heard again DE NOVO
Herb's answer
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Answered on March 05, 2013
A small claims appeal is a trial de novo. You must (and are free to) present the same, new and/or different evidence, but it must be an original...
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