Why would i be assigned a conflict attorney if i have a codefendant

was arrested with my boyfriend he has a record i do not, i have asked to be separated but my conflict attorney says that it is not likely to happen

Nathan’s Answer

Multiple defendants in one matter usually have conflicting interests. As a result, the Public Defender's office would be conflicted out of representing both parties. That is why you are being assigned a private conflict attorney. If you have asked to be prosecuted separately, that may be unlikely since you are both co-defendants in the same matter.

Can I plead the judge to allow me to file Attorney Complaint to Office of Chief Trail cousel/Intake? or without notice?

I am a Plaintiff. My case is now after case management, demurrerby on first amendment and trial setting conference will be on March 2015.

1. Can I plead the judge to allow me to file Attorney Complaint to Office of Chief Trail cousel/Intake?
2. Can I directly file to Office of Chief Trial Counsel/Intake, the State Bar of California without notifying judge and Defendant ?

Nathan’s Answer

It is not clear what the alleged unethical behavior is, if any. Ethics questions that don't directly impact the case will not be dealt with by the judge, but rather by the State Bar. Filing a complaint with the State Bar regarding unethical behavior by your attorney will result in your attorney being contacted by the State Bar. Once your attorney is contacted by the State Bar, they may file a motion to withdraw from your matter, possibly necessitating that you obtain new counsel. It may be wise to first directly speak with your attorney, or to hire counsel to speak with your attorney, to raise your concerns, and to ensure they are acting ethically.

Is Coercion from a hospital emergency room staff grounds for law suit?" Emotional stress?

Say a dr. orders labs at 7:00 pm, and a test was not taken, so by making up for their mistake, Dr. and Nurse rush in the patient room, striping off patients personal clothing in a rushed fashion clothes telling the patient that they might, maybe be admitted, (11:00 pm), when the Dr. knew that they weren't going to be admitted the patient (at 8:55 pm)

Nathan’s Answer

If you can demonstrate that medical professionals fell below the professional standard of care, and that this caused emotional or physical damage, you may be entitled to damages. You would need to consult with an attorney for them to determine if you were in fact so harmed. If you there are no damages, there is no case, and an apology will suffice.

Any penalties for not obtaining my driver's California license after 1 year of becoming a resident?

Hello. I became a resident and just got my SSN. I have a trip and will be away for 5 months. Any penalties for applying until then to get my driver's license?

Nathan’s Answer

If you are ticketed, there may be a mandatory court appearance required before a judge. This means you can't utilize a trial by affidavit procedure since you'll have to appear and plead guilty or not guilty. Also, driving while unlicensed can theoretically be treated as a misdemeanor, not an infraction, which could impact your licensing needs if you are employed in a profession that requires a separate license.

I reported a RN for substance abuse to the Board of Registered Nursing 2 years ago. I am a witness for the BRN.

The respondent requested a hearing and has his own attorney. Should I.get an attorney since I am a witness for the board of registered nursing?

Nathan’s Answer

If you are concerned about being implicated in any way, it would be advisable to obtain your own counsel. Your counsel would assess your case and assist you in identifying areas you may decide to plead the 5th on. This is because you will be cross examined by the respondent's attorney in a manner that may produce a transcript with your responses on record - these responses can be used against you in other matters that may or may not be directly linked to this action. This should not discourage you if you are unlinked, and testifying truthfully against an RN for substance abuse.

I recently had a massive heart attack. Fire dept requested ambulance. AMR dispatcher sent ambulance from 20 minutes away

instead one of two sitting idle at the rest stop in the building next to where I was. When they arrived EKG machine did not work so hospital did not receive updates on my condition during transport. Is there anything I can do to wake AMR up and not have anyone else come so close to passing away as I did because of poor decisions on dispatche operators part?

Nathan’s Answer

I'm sorry to hear of your physical condition. It makes sense that if there is an ambulance right there, it should transport you. However, because of contracts between AMR and the county, or city, there may be extensive clauses on how dispatching is to occur. This may help minimize liability if AMR has staff taking a break for example. The fact that the EKG machine did not work is concerning too. You can always write to AMR's corporate structure and see what kind of response you get. This can help obtain answers and guide your next steps.

I have a Healthcare (anti-stark and anti-kick back) legal opinion in other states any specific items in CA to look out for?

This is for specialized MRI instrumentation that will be placed and managed in Physician Practices. We are expanding into California and would like to get a legal opinion confirming that the arrangement is legal in California. The arrangement is legal and backed by legal opinion in five other states. How much should I reasonably expect to pay. I have the drafts of other legal opinions.

Nathan’s Answer

The federal Anti-Kickback Statute (AKS) provides "a person need not have actual knowledge of this section or specific intent to commit a violation of this section." As a result, either you or counsel relying on jurisdiction specific opinions from other states won't be sufficient as California is 1 of 37 states that has its own broader guidelines. In California, the anti-kickback state law applies to individuals AND entities. Even simple contractual discounts based on volume can trigger liability, and bad publicity even if there is no violation. Violations of federal or state versions of this law can be treated as criminal acts with prison/jail time.

As for the Stark law (incidentally sponsored primarily by US Representative Fortney Stark (D-CA)) the prohibition on referrals by designated health services (DHS) is quite thorough. Add to that California's Physician Ownership and Referral Act (PORA) and various applicable Business & Professions, Health & Safety, Welfare and Institutions, and Corporations codes, with a slew of California Attorney General advisory opinions, and what was once an economically ripe situation can easily become a potentially violating fee-splitting, kickback or referral arrangement.

Due to increasing enforcement efforts by state and federal entities, it would be prudent to obtain counsel's opinion letter anew. You may have counsel review the other advisory opinions to see if some information can be rehashed for a discount, if applicable. However, California is in its own league in many respects related to the above.

Is it ethical 4 a Class Action Atty. to sit on a case for two years, and only after medical records are lost, drop me as client?

My Mother passed away after suffering two heart attacks while being given Dialysis Treatment. At the time everyone considered my other's death to be from natural causes. However, in 2010 it was determined that the medical Drug Granuflo/Nutralye was responsible for such sudden death reactions such as what my Mother suffered and the drug had already been recalled for many years prior but certain Medical treatment facilities continued to use the drug.

Fast forward......Two years ago I was solicited by a Class Action Attorney who had me sign all sorts of "Powers of Attorney" in order to pursue my damages. For two years I was told to wait and be patient and that the only step left to do was retrieve the Medical Records.

After ordering and losing the medical records the Attorney dropped me.

Nathan’s Answer

I am sorry to hear about your mother's passing away and I understand your frustration. Class action attorneys assess a case and don't really communicate their non-engagement to potential clients when their case is found to not be in the class they are seeking to certify, most likely because of the costs involved in doing so. The attorney did obtain your signatures on "something" though. It would not hurt to send a certified letter asking for status of your case, whether your mom's case was selected or not, and what to do next. If you have a copy of all the documents passed back and forth between this attorney, you could have an attorney consult with you to determine the facts, issues and liabilities if any a little more clearly.

Is civil code 1668 applicable to a signed 1542 waiver that only involved family law matters?

I signed a 1542 waiver and know that I have given up my right to sue for any other unknown or known claims. The waiver involved family law matters only. However, my ex had committed fraud and forgery and willfully destroyed my property-all prior to me signing the document. Would civil code 1668 apply and, consequently, would I be able to attempt to recover damages for the aforementioned?

Nathan’s Answer

Do you have any evidence you were fraudulently induced into signing? Can you demonstrate you signed upon a mistaken belief regarding a material fact? You should consult with an attorney who can review the waiver to see if it is ironclad, and also to review your specific circumstances. Many attorneys routinely (because it is such a common clause) put a 1542 waiver into settlement that are incomplete or have other problems.

Are there any type of attorneys that might take in a case like this for safety protocol failure.

Situation: On the hospital E.R medical report it said patient was assaulted hit on the face and head with a bat or blunt object causing chin face and skull fractures patient was asleep when assaulted.

hospitals should have a safety plan that most likely considers the safety of a victim from further harm by an attacker. Or notifie the local police agencies.

Nathan’s Answer

The law will not consider a failure to have occurred if no harm actually occurred due to failure in safety protocols. The focus should be on criminal prosecution of the assailant for the injuries if unjustified.