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Betsy Spalding Kimball

Betsy Kimball’s Answers

4 total

  • Do I have to file a substitution of attorney after my attorney failed to respond to the opposing counsel's MSJ that was granted?

    I am the plaintiff and my attorney did not respond to defendant's MSJ. Motion was granted and judgment entered. Attorney promised to file 473(b) to vacte or set aside judgment. Attorney failed to file 473(b) motion in addition to respond to 3 cer...

    Betsy’s Answer

    You appear to be in Sacramento. If you call my office, I will look at the court file (if available online) and let you know what has happened and what your options are.

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  • My brother was just sentenced to 2 yrs state prison and two strike for 3 counts of robbery and we want to see if we can appeal.

    he got 2 strike and two yrs state prison for taking a cellphone out of a car and picking up a wallet of the ground durnig a verbal argument...

    Betsy’s Answer

    Your brother has the right to have the State of California appoint an attorney to represent him on appeal (at no charge to him). The Superior Court and his trial lawyer will give him more information about how to get appellate counsel. The lawyers who accept appointed criminal appeals are very experienced in criminal appeals.

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  • I hired an attorney for a loan modification. She misrepresented me and I have a sale date. Is this consider a fraud?

    The attorney told me she was going to work with my lenders to reduce my mortgage payments. All she did was faxed paper work and did nothing to prevent from a sale date to post. I paid $2,000 for the job. Know I am dealing directly with my lender ...

    Betsy’s Answer

    The State Bar of California is taking a very dim view of lawyers who actually commit loan modification fraud. I have pasted in some text from the State Bar's webpage. Here it is:


    MEDIA CONTACT: Diane Curtis 415-538-2028

    San Francisco, July 15, 2009 – The State Bar of California and its Office of Chief Trial Counsel made clear today that it will aid in prosecution and will bring its strictest standards to bear against attorney participation in loan modification fraud.

    “Attorney misconduct in connection with the provision of loan modification services is a significant and growing problem,” said Acting Chief Trial Counsel Russell Weiner. “It is unfortunate that any attorney would fail to adhere to the highest ethical standards in providing legal services to a vulnerable client possibly facing the loss of their home. We will aggressively investigate and vigorously prosecute these attorneys.”

    Following an increasing number of complaints against attorneys involved in the loan modification business, the bar created a special team to deal only with those complaints. The team, made up of seasoned investigators and prosecutors, is currently investigating hundreds of current consumer complaints, has evidence there are many more and is intent on prosecuting attorneys who take advantage of distressed homeowners.

    Just within the last few days, State Bar prosecutors took steps to shut down the operations of two attorneys involved in loan modification misconduct, marking the third such action in the bar’s aggressive pursuit of lawyers who wrongly take advantage of vulnerable homeowners."

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  • How can I write a complaint letter to CA State Bar Association about my attorney?

    My attorney withdrew my case 1 wk before the scheduled meeting with an IRS agent. In the beginning, he assured that he had several strategies to resolve the case quickly. He had a month to review the documents but didn't do so. Because 1 wk befo...

    Betsy’s Answer

    I have copied below the link to the State Bar of California and in particular how to submit a complaint about a California lawyer. As to your question about whether the lawyer has committed a breach of the standard of care, the answer depends on many facts that you have not provided in your question.

    Here is the link to the "complaint" page of the State Bar of California:

    Complaints Against Attorneys
    1-800-843-9053 (toll free in California)
    213-765-1200 (from outside California)

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