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setting aside a settlement (COURTS, LAWYERS & LITIGATION)

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• Mon, 19 Jan 2004 17:08:00 GMT(1)

• Quote:

  Originally posted by Captain Sunny
  Who do I contact at the court?
  The judge presiding over my case, the chief judge, or is there some special contact person at the court that deals with attorney misconduct issues?

  
  My response:
  You don't contact the court. The court couldn't care less about your problems. You contact another attorney and explain your problem and situation. If that attorney deems that you have a viable action, then you go from there to file the appropriate papers with "the court".
  IAAL
• Thu, 05 Feb 2004 10:53:00 GMT(2)

• Quote:

  Originally posted by GoforLaw
  Thank you both for the warm welcome. I appreciate the technical correction (a critical one I'd say). As far as my website, am I not allowed to post that? that would be a bummer

  
  My response:
  Believe me, Dimitry, I'd LOVE to be able to "grab" some new clients off of these boards. However, it would be like shooting fish in a barrel - - (read, "ambulance chasing").
  Additionally, it's against the rules that you agreed to when you signed up.
  Sorry, but if it were allowed, we'd all be doing it and you would have seen many more "like" offers of representation by the rest of us. But, you won't see that here. It's a real good way of losing your membership to FreeAdvice.
  Remember the Rules of Professional Conduct which, in essence say, you can't go contacting potential clients in a hospital; you've got to wait for the consumer to call you first to make the first contact - - in some fashion or another.
  However, there are other ways. You can sign up to be on a panel of attorneys where potential clients can contact you directly. Up top are some tabs, e.g., "Find a Lawyer" and "Talk to an Attorney, Live". You can register there. Many potential clients click on those tabs - - and they can contact you first!
  Thanks again for helping out here on the forums.
  IAAL
• Thu, 05 Feb 2004 09:42:00 GMT(3)
• My response:
  Hello, Dimitry. Welcome aboard! It's nice to have another California attorney with us - - and besides, I've been all alone here for a very long time . . .
  Anyway, just a couple of critical points I wanted to mention:
  1. The reference to your website is a "quiet" form of advertising, so please remove it from your posts.
  2. You have a grammatical error in your Disclaimer; i.e., ". . . you should rely on it" - - I believe you meant to say, ". . . you should not rely on it".
  "Dimitry
  GoforLaw.com
  
• Mon, 19 Jan 2004 15:46:00 GMT(4)

• Quote:

  Originally posted by Captain Sunny
  What is the name of your state? California
  Is there a way to request a court set aside a settlement your attorney announced to the court without your authorization?

  
  My response:
  Yes.
  IAAL
• Thu, 05 Feb 2004 08:09:00 GMT(5)
• If an attorney entered into a settlement, without your authorization, it is a serious matter and you should contact the Stata Bar (calbar.org). I am unclear whether this was a settlement on the record, per CCP 664 et seq., or just a representation to the court. If you are unhappy about the lawyer, I agree - go to another lawyer, because doing this yourself is going to be extremely difficult as a practical matter.
  However, to answer your question, if there was a binding settlement (and there may not be, who knows?), it can be set aside under CCP 473 for fraud, mistake and even undue influence and neglect of counsel. You must make this motion TO THE JUDGE of the case (with all due respect to the prior poster), but there are time limitations as to when this motion can be brought. The chances of success depend on how well you draft this motion and what evidence you can show. But if its granted, you are back to square one in the case and a new trial date will be scheduled.
  Hope this helps some
  Dimitry
• Thu, 05 Feb 2004 22:10:00 GMT(6)
• Don't worry Stephen, IAAL is getting old and forgetful.
  But he still luvs ya...when he can remember you
• Thu, 05 Feb 2004 10:35:00 GMT(7)
• Thank you both for the warm welcome. I appreciate the technical correction (a critical one I'd say). As far as my website, am I not allowed to post that? that would be a bummer
• Thu, 05 Feb 2004 11:54:00 GMT(8)
• My response:
  Dimitry, there's also another BIG plus for you by contributing to FreeAdvice. You get MCLE Credits, too!
  It's easy. Contact the Bar. Ask for the form. Fill it out.
  Now, here's your "angle" when filling out the form - -
  You don't discuss that you're the one "answering questions". You're not learning from doing that; rather, you fill out the form from the angle, and by stating - - and it's an absolutely true statement - - that you're learning by reading other areas of law and the answers by other attorneys.
  Example, you may not know anything about "Family Law" - - however, when you read my responses to others in that area, you're learning - - right?
  Go to the California State Bar site, below, and start by clicking on "Participatory" - - then click on the other areas as appropriate.
  Copy and paste this link into your browser without the on each side:
  http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?sImagePath=&sCategoryPath=/Home/Attorney%20Resources/MCLE/Attorney%20Information/FAQs&sFileType=HTML&sCatHtmlPath=html/AI_FAQs-Category.html
  So, fill out the form, and send it in, and every quarter, informing the Bar of your hours. It's great!
  IAAL
• Mon, 19 Jan 2004 17:04:00 GMT(9)
• Who do I contact at the court?
  The judge presiding over my case, the chief judge, or is there some special contact person at the court that deals with attorney misconduct issues?
• Thu, 05 Feb 2004 09:45:00 GMT(10)

• Quote:

  Again, welcome to FreeAdvice, and I hope you'll have the time to stick around. It's gets a little "crazy" here sometimes. So, join the fray!

  Crazy? Crazy? Hell, it don't get crazy here. We all just as sane as the monster in the closet
  I add my welcome also, even if you are from Claifornia.
• Thu, 22 Jan 2004 21:24:00 GMT(11)
• How would a pro se litigant proceed?
  Thanks
• Thu, 05 Feb 2004 22:57:00 GMT(12)
• Well, I'm very grateful for the warm welcome by all. It sounds like there is an interesting gaggle of folks on this site. I feel I must respond to IAAL's "ambulance chasing" remark (poignantly directed at me). First, I wish those kinds of comments would be expressed in a private message (especially since I'm new to this site, so gimme a break eh?). Second, I think IAAL got ALL his ethics credits lately by reading forum posts.
  Due to the lack of "personal" contact, internet communications are not likely to be treated as solicitations under Cal. Rules of Professional Conduct, Rule 1-400(B)(2)(a). See, Cal. State Bar Form.Opn. 2001-155. I realize that this is still a much unsettled area of the law, but I do not think that putting a URL below my name was "misleading" or "deceptive" in any sense, since you can do exactly that in the profile provided to each user here (and a little WWW button appears right below this message). Guess what happens when you click on it?
  In any event, it appears to me that many everage joes that post here are looking for some real info, not just "hey go see a lawyer." And so, attorney responses to their questions, posted on a public forum, are welcomed and certainly not "unsolicited" (and they are not even "e-mail" in any conventional sense). So, IAAL, stop reading these posts for your MCLE credits and open up that Rutter Guide you said you have.
  Of course, all in fun and good spirit! Cheers
• Thu, 05 Feb 2004 22:08:00 GMT(13)
• " It's nice to have another California attorney with us - - and besides, I've been all alone here for a very long time . . ."
  ?
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