Questions answered by David John O'Connell

Archived

Ethics Question Regarding Billing a Contingency Client for Costs When Client has Never Been Made Aware of the Costs

David's answer | Answered on March 30, 2015

This is a very peculiar question, because it appears you question the ethics of your employer. And, that employer is a lawyer that owes his primary...

Archived

Fence gives neighbor 18" of our property

David's answer | Answered on March 30, 2015

As other counsel have suggested, this is a common situation. I have litigated several of these boundary disputes, and few other cases in my career...

Archived

In partition action where SBA 504 loan is still outstanding on commercial property

David's answer | Answered on March 19, 2015

I agree with Mr. Lowenthal. All owners of record and lien holders must be served with a copy of the compliant.

Archived

What recourse do I have if someone wants to cancel escrow?

David's answer | Answered on March 18, 2015

While I sypmathize with you, for the time an effort taken to get to this point, you must take some responsibility. In the time since you signed...

Archived

To get out if this deeded timeshare

David's answer | Answered on March 16, 2015

Timeshares are, as it appears you have discovered, less than ideal investments. But, the obligations that attach go on forever. The obvious way to...

Archived

24 hr Notice to Enter on lease - CA law states 24hr not needed for Boarder

David's answer | Answered on March 14, 2015

With respect to your choice, if you used an economy service, in this case probably free form, you have gotten what yo paid for. If the boarder and...

Archived

What is the likelihood of a successful Adverse Possession Case? Would it be permissible to begin with a Memorandum of A.P?

David's answer | Answered on March 12, 2015

With the scanty narrative you provide, no competent attorney could advise you. Adverse possession is an historically available way for a possesser...

Archived

If I back out from selling my house could the buyer sue me?

David's answer | Answered on March 12, 2015

Every agreement to sell real property in California is governed strictly by the written agreement(s) between the parties. In your recitation of...

Archived

My mom is in a joint tenancy with a person how has recently been declared incompetent and has been assigned a guardian.

David's answer | Answered on March 10, 2015

I agree with my fellow counsel, with one exception. If your mother wishes to be relieved of the joint tenancy, and wishes to avoid potential tax...

Archived

Enforcement Unit - CA State Bar - only respond if you are ethics attorney in CA

David's answer | Answered on March 10, 2015

I agree with Mr. Marshall that, if you are an attorney, this is not an appropriate forum for your inquiry. If you are an attorney and fear...

David John O'Connell's Answers (241)

Ethics Question Regarding Billing a Contingency Client for Costs When Client has Never Been Made Aware of the Costs

Fence gives neighbor 18" of our property

In partition action where SBA 504 loan is still outstanding on commercial property

What recourse do I have if someone wants to cancel escrow?

To get out if this deeded timeshare

24 hr Notice to Enter on lease - CA law states 24hr not needed for Boarder

What is the likelihood of a successful Adverse Possession Case? Would it be permissible to begin with a Memorandum of A.P?

If I back out from selling my house could the buyer sue me?

My mom is in a joint tenancy with a person how has recently been declared incompetent and has been assigned a guardian.

Enforcement Unit - CA State Bar - only respond if you are ethics attorney in CA