Legal malpractice and negligence

Question re: Rule 3-110 of CRPC. Are there any attorneys familiar w/ CA or OR ethics rules?

I prefer to give details directly to the attorney instead of in a public post... Basically deals w/ an attorney requiring another attorney to practice law when he is unable to do so.

Nathan’s Answer

DUPLICATE: http://www.avvo.com/legal-answers/question-re--rule-3-110-of-crpc---are-there-any-at-2089646.html?answered=true

You may contact any of many ethics attorneys in California who can consult with you for free on the specifics of your facts. Ethics law is tricky so make sure to ask the attorney their experience with ethics/malpractice law.

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Furniture store

Can I sue a furniture store who delievers a painted set for me to make me believe it is the one I wanted?

I bought a blk. bedroom set and the day of delievry I got a blk. painted one I could/can see a cherryish Wood color that was covered with blk paint.

Nathan’s Answer

This is a matter best suited for small claims if the amount of the set is less or at the limit of small claims jurisdictional amount of $10,000. Attorneys are not allowed to represent clients in small claims.

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H-1B specialty occupation visa

Pulled over for Carpool lane violation. Was driving on my country's driving license (am an H1B worker) and got a 12500 Misdemean

I have 2 violations on the same citation (carpool + unlicensed driver Misdemeanor). More concerned about the second one, obviously. Although i did not have it on me at the time, i am in the process of getting a CA driver's license and have a valid temporary driver's permit. What penalty am i looking at, worst case?

Nathan’s Answer

I think rather than focus on a worst case scenario, you should focus on what the best case scenario would be. It may be worth it to hire counsel to negotiate with the district attorney if you had or were even working towards a permit since if your 12500 is being charged as a misdemeanor, it may be dropped to an infraction. Also, when you are up for renewal, it would be important to be honest about whatever outcome occurs from this case if you are asked about it.

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Restraining order

Can I get a restraining order against my son's mother so she stops harassing me?

My son's mother continuously annoys me by sending me inappropriate text messages, yelling on the phone, etc. Can I get a court order so she can stop contacting me except for scheduled pick ups or medical emergencies? We have joint custody and I have our son the majority of the time physically.

Nathan’s Answer

You may for the purposes of avoiding or being subjected to harassment. Consult with an attorney to discuss the details.

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Notice to vacate property

If a tenant has to vacate due to domestic violence are they responsible for the 30-day notice?

we are a property management company and we have a tenant that vacated due to a domestic violence incident. they provided the police report but now the owner wants to charge them rent for 30 days because they did not provide a 30 day notice. can she be let out of the lease and not be charge the 30 days due to the violence they suffer at the property.

Nathan’s Answer

The lease governs. If the lease does not speak to the issue at hand specifically, it may generally. If it does not speak to the issue generally, a judge will make the decision, and even if case law states tenant/victim must pay, they may be made not to pay in court depending on the circumstances underlying the domestic violence. It may or may not be worth it to pursue.

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Legal malpractice and negligence

Question re: Rule 3-110 of CRPC. Are there any attorneys familiar w/ CA or OR ethics rules?

I prefer to give details directly to the attorney instead of in a public post... Basically deals w/ an attorney requiring another attorney to practice law when he is unable to do so.

Nathan’s Answer

You may contact any of many ethics attorneys in California who can consult with you for free on the specifics of your facts. Ethics law is tricky so make sure to ask the attorney their experience with ethics/malpractice law.

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Professional ethics

Do I have a right to get my file back from my attorney if they quit. Is there a time limit for the attorney to keep my file?

I spent a lot of time preparing the file and need it back as my originals are not available.

Nathan’s Answer

Under California law, your file is your property. You may acquire it upon request - make sure to ask for it in writing.

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Administrative law

I need an attorney to help me with a suspended commercial drivers license due to fainting I need an experienced attorney for DMV

I've already been to one hearing they reinstated my class C and my motorcycle license but took my commercial drivers license I had a commercial with tanker hazmat and doubles and triples endorsement need an experienced attorney

Nathan’s Answer

I've tagged this under CDL for counsel familiar with DMV / administrative / CDL / fainting / medical matters to share their knowledge.

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Construction law

My contractor has stopped showing up for work, and his license has been suspended for support payments.

I hired a contractor in december 2014, for a house remodel/addition in san jose, CA. As per the contract I was to make 6 bi-weekly payments towards the contract of $76,000.

The work was to be completed in 12 weeks from the permit date. It's almost 12 weeks, and I have paid the guy $60K, but the work is not even 50% complete. I have been going to the job site every day, and no one shows up for work. I have seen his guys work there 1 day in the last 2 weeks.

The contractor does not return my calls, and only texts back saying his guys will be there the following day.

I have also found out that his license had been suspended due to family support, on Feb 27, 2015.

Per the following link: ( http://porterlaw.com/contractor_lacking_license.htm ) Is is possible to recover my payments ?

Nathan’s Answer

If the license was suspended, you may, under the Business and Professions Code, seek a refund of all monies paid. You would file suit, then seek a prejudgment writ of attachment. You would hope that there are recoverable assets and you may have to post a bond.

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Marriage and prenups

Can a marriage license be usable with a mistake on it (incorrect birthplace)? What are the ramifications?

I recently obtained my marriage license, and it indicated my birthplace as California, when in fact it should be Japan. I'd like to know if there are any ramification of not correcting it. The correction fee is $90, and would highly appreciate your input.

Thank you!

Nathan’s Answer

If the $90 is worth your peace of mind, it may be worth it.

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