Archived
Received Limited Civil Case Status Memorandum. Can I Counter stating not at issue & motion to dismiss based on Lack of Standing?
Alan's answer
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Answered on April 09, 2015
No. Do not do anything unless and until you have obtained legal advice.
The case is at issue (assuming that you answered the Complaint), so...
Archived
Does the Statute of Limitations continue to run after a lawsuit is filed on a debt?
Alan's answer
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Answered on April 07, 2015
Filing a lawsuit stops the clock on the statute of limitation. Unless the case is dismissed, you have no defense based on the statue.
There is,...
Archived
I am beginning negotiations with the adjuster to at fault insurance, he has offered two low settlements. He is not budging.
Alan's answer
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Answered on April 07, 2015
You have already damaged - if not destroyed - the value of your claim by attempting to settle it yourself. An experienced attorney may be able to...
Archived
It's been three weeks after I was cut off by a truck on my motorcycle. Police and her insurance has claimed her at fault.
Alan's answer
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Answered on April 05, 2015
You have two options. Your first option is to hire a competent personal injury lawyer with a history of trying contested claims. Look for someone...
Archived
I a file a default packet in a nuisance action against defendant who never answered, but filed and served a Notice of Stay?
Alan's answer
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Answered on March 30, 2015
The automatic stay does just what it says - automatically stays all actions against the debtor. If you take the debtor's default, not only will the...
Archived
Must a lawyer ethically consult an appellate specialist in a complicated appeal?
Alan's answer
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Answered on March 29, 2015
No. A lawyer has no ethical obligation to consult an appellate specialist.
Rule 3-110 provides that an attorney may not "intentionally,...
Selected as the best answer
What is attorney's duty to stay on a case?
Alan's answer
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Answered on March 28, 2015
With very limited exceptions, a California attorney has no duty to continue representing a client. Especially when the client has breached the fee...
Archived
When an attorney takes your money for their services are they supposed to have you sign a contract or agreement
Alan's answer
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Answered on March 27, 2015
Under these circumstances, a written fee agreement is required. But just because the lawyer failed to provide such an agreement does not mean you...
Archived
I am a plaintiff in a personal injury case. I prevailed against the defendant’s trial to throw the case out of court in
Alan's answer
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Answered on March 26, 2015
You've raised at least a dozen serious issues, and you are not going to find answers for them here. It is clear that you do not understand the...
What happens to a medical lien when a patient drops their lawyer and retains another? The lien was with the first lawyer.
Alan's answer
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Answered on March 24, 2015
If the patient has granted the doctor a lien, the patient's lawyer has an obligation to honor it once s/he has been notified of its existence. If...
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