Securities transactions

Hi I was wondering if one would need a securities license to sell oil and gas in southern california?

A company was looking to sell oil and gas leases and it advertised for sales reps. When I asked if the rep needed a license they said no. I was a little surprised by that.

Nathan’s Answer

Since 1994, no longer. However, real estate licenses might be required. Also, if there are securities being sold, that's a whole new ballgame.

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DUI defense

Will a Negligent Driving simple misdemeanor conviction affect a CA Registered Nurse license?

I plead guilty to Negligent Driving in the 1st degree in WA stemming from DUI arrest. BAC of 0.09. My Cali RN application had been out for months, I thought it was not active. I also have a FL and WA license. After checking Breeze it turns out Cali issued me a license 3 days after my conviction. I intend to self report and am still within 30 days, but I'm afraid they will accuse me of unprofessional conduct for not reporting before the license was issued. I've heard horror stories about the Cali Board of nursing. This is obviously time sensitive.

Nathan’s Answer

Self reporting should be made with care; if you can obtain counsel to walk you through it, that would increase your chances of success. Self reporting without counsel results in people apologizing too profusely raising suspicions about sincerity, and some people do not show any remorse at all. Having skilled counsel strike that balance for you is helpful in setting the stage of success and avoiding an accusation against the license that can have reciprocal impacts on the other licenses you have.

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Professional ethics

What can I do about a lawyer who has been paid a large retainer, begun using it for a case, stopped at mid case?

Without me knowing about it until I asked for an update. First, I was told the lawyer would get back to me, never did. When I would call the office, secretaries would take messages, lawyer never returned them. I began being more specific about the case to the secretaries, until I was practically reading the draft to the secretaries, and then one secretary began looking through documents, found my case and then finally (after many months of supposed needed time to look for documents) gave the excuse the retainer had been lost/ couldn't find it. Then lawyer wanted to have in person meeting with me to discuss the missing retainer/ case and for 3 months it has been cancelled/ rescheduled by the secretary due to schedule. I know the lawyer is being evasive. What can I do?

Nathan’s Answer

You are unable to contact the attorney? Perhaps hiring another attorney for a small fee to follow up would be wise since this will quickly change the landscape in your favor. Once this new attorney establishes contact, you can decide whether to continue with the old lawyer, or hire a new lawyer for your case. If you cannot or do not want to hire another attorney to make demands you can ask for an accounting yourself, but if this has been futile, my opinion is to seek counsel who can help you find out exactly what's going on.

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Divorce

My attorney billed me $60,000 for one month of divorce case

is this normal. i mean they sent me bills with some explanantion which i don't understand. in the contract it says i have a 3 weeks to dispute or they withdraw money from trust account. i have no money left in there. another clause says we can go to arbitration for any disputes. i am close to my trial. i don't want to dispute so tehre wont be conflict. can the clause of 3 weeks to dispute or is fixed make an issue or can i arbitrate later? (and say that 3 weeks clause was only for withdrawing money permission?

Nathan’s Answer

No way of knowing whether this is normal without more facts. Such fees may be completely reasonable, or they may be "unconscionable" under the professional rules of conduct. Schedule an independent consultation so that another attorney may assess what is going on since you are obviously concerned about the billing explanations. Such an attorney may find your concerns unwarranted, or completely warranted - no way of knowing until you make the call.

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Professional ethics

Not long ago I posted my question herein and got some opinions, and now the problem remains unsolved, so I need extra comments.

My mom hired an Oklahoma lawyer to handle a Fosamax side effect case. We did not like the outcome made by that attorney, so we selected some Ca. lawyer interested in taking this case. But that Ok lawyer has been holding the medical records not to transfer to us. I posted my concern here and got some advice from you, one is to inquire the OK Bar assoc.. I called them and got an answer that the OK lawyer should not hold the medical records as hostage. I was advised to mail them a complaint form. I did and I received a reply saying that OK lawyer sent letter to address my concern, so the Ok Bar Assoc. has concluded this matter will not be forwarded for formal investigation and they will take no action at this time. And that lawyer still holds the medical records .What can I do now? Thanks

Nathan’s Answer

Have you asked the California lawyer to ask the Oklahoma lawyer for the records?

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Court appointed lawyer

What is considered appropriate treatment from court appointed lawyer?

I have provided all the information requested including decisions from 3 other re-unfuication attempts with his Bio-Mother. I have been his sole guardian since he was a baby. Now he is placed in foster care until his out of state mother can redeem herself for past CPS violations. Next court date is upcoming and I want him home with me until the termin. of guard. is complete. My lawyer is rude, and called ME unstable for wanting to know what is going on. I have provided all the court paperwork (from Contra Costa and Solano Cty courts proving reunification is not fesible at this time.

Please advise if I should change lawyers immediately, or how to proceed. He is does not want me calling CPS SW with any questions, but also does not want me to call him. He s

Can you help?

Thanks

Angela

Nathan’s Answer

Who is this lawyer attorney of record for?

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Divorce court

Does CA prohibit disclosure of case information & slander to a third party by opposing party? If so what is the code of ethics?

I am in the middle of a divorce. Today while entering a courtroom my boyfriend said hello to a attorney that he has been in contact with and meeting regularly with to discuss his possible case. After he says hello, my (soon to be ex husband's) attorney say that's "........" and proceeds to tell her all about my case. Then she addresses text messages my ex recently turned into her in which he changed with sms editing software (I watched him do it a million times throughout or marriage and originally showed him the app) and began to comment on them calling me DYSLEIC and proceeded to talk badly about me and boyfriend possibly ruining his other case. Does CA prohibit disclosure of case information to third party by opposing party? If so what can I do about it?

Nathan’s Answer

Ethical obligations by opposing counsel to 3rd parties are generally quite limited. If you can prove you or your boyfriend had your reputations harmed by an untruth, you may have a cause for defamation. You would have to be able to prove the statement/s untrue.

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Pay a parking citation

Do I need to pay a parking citation if they got my license plate number wrong?

I live in San francisco and to my knowledge the only info they took was license plate number (which was incorrect) and make/color of my vehicle. When I search my license plate on their website, it claims that there are no citations. Could this be a gift from the gods?

Nathan’s Answer

Double check. Sometimes it takes a few days to put the citation up where it is electronically accessible.

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Legal malpractice and negligence

On a typical/average Legal Malpractice case (where counsel intentionally failed to oppose motions, & abandoned ...

...a Breach of Contract resulting in physical damages/ Defamation/ Fraud/ Elder Financial Abuse/ Appropriation of Rights CIVIL CASE, for conflict of interest, all without proper advance notice to Elderly/Disabled Plaintiff), is a Motion For Trial Preference (CCP 36 et seq.) an advantage for Plaintiff in the Legal Malpractice case? or would it be better for Plaintiff to go through full discovery of Depositions, Motion For Summary Judgment? I know a Legal Malpractice case is a "Case within a Case" and the underlying action must be re-litigated with Expert witness testimonies, but will moving for Trial Preference make the defendant more willing to settle before Trial, or would it be better to have defendant settle before Summary Judgment?

Nathan’s Answer

This question asks about legal strategy, while it does not state facts of the case, where the case is now, etc. As a result, it is recommended you consult with an attorney who can review the entire fact pattern to assess the best method/s for your case, which in some cases may render litigation unnecessary, since settlement and/or negotiation might be an option.

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Business real estate

My real estate license got suspended in December 2014. How big is the chance to reinstate my license?

I was a realtor since 2012 in Los Angeles area. I had a restricted license. Unfortunately, I got a misdemeanor in 2013. Didn't report to the BRE because I didn't know. My license got suspended in December 2014. Already requested a hearing. Is it possible to get my license back?

Nathan’s Answer

Depending on how and why your license was restricted to begin with, and depending on the facts underlying what appears to have been conviction that went unreported will dictate whether you will be able to reinstate your license. I do not recommend going to any legal hearings unrepresented.

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