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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I NEED A SPECIALIST EXPERIENCED IN KNOWING: How do I file

Customer Question

I NEED A SPECIALIST EXPERIENCED IN KNOWING:How do I file against the Board of Nursing in California? I have tried on two different days/two different ways to do it in court and apparently the court where my trial was held is not the one.My situation:
The Board of Registered Nursing of California in Sacramento served allegations against me 6/2014. I retained counsel. Prior to my hearing date, two offers were given that myself and counsel turned down. They were asking for probation. If I could only just turn around time, my lawyer was every inch the problem with representation and now I'm fighting a huge battle.Anyway, trial before an administrative trial judge was held 05/2015. He proposed revocation revocation and the California BON adopted his ruling, effective 09/04/204. After my trial, my attorney said, "Go get employment now so we still have a chance at letter or reprimand. This trial went fine though. No way possible revocation will happen as the BON never even wanted that."So, I did. I worked at Kindred Hospital x approximately 2 a half months. The hiring personal were completely aware about the allegations pending judgment that was attached to my verification. I did fantastic. My company manager wrote a letter of employment success in almost 3 months.My attorney filed a day late. Revocation 9/4/14. He filed on that day. Unbelievable. I had to prompt him on everything.My filing deadline since he wouldn't fight on my behalf....He blew any chance in hell of reconsideration as the board received the letter from my employment manager which was huge....beyond huge.Said he would charge me $7.500 now to fight it all he could well have caused.My filing deadline for the motion to appeal was 10/04/16.I have tried everything. I show up at LA Court where trial heard. It's record's not found, etc. This has been terrible.1. How do I file and to who do I file a motion to for consideration of a waiver of time sensitive deadlines given my situation so messed up? I want to know foresure if I'll be heard first, right? Or can I just file that with all needed anyway?2. I need to know what I'm doing. Filing an appeal or writ of mandamus? And what are the forms that I can download to file and where do I file these? No kidding, I've taken everything to court law libraries, etc. trying so hard to fight this on my own while no falling prey to a nervous breakdown!I need to try this all over if you can please assure me filing a RN revocation appeal of revocation decision and finally the way how.Too, where and what forms for time filing deadline waiver motion...Please..........
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of your situation. I have also read your other posts, and saw that you posted a similar question earlier today.

Unfortunately, if your lawyer did not file before the appellate date, your attorney has created an insurmountable error. By missing the appellate deadline he effectively terminated your ability to attack the Board of Nursing decision. There is nothing the courts will do at this point.

You do however have the basic facts to put together a legal malpractice claim against him. Missing a deadline is one of the most common errors leading to legal malpractice. While this will not get you your nursing license back, it will however provide you with an avenue for financial compensation for his negligence.

Legal malpractice cases are based almost entirely on expert testimony. You must not only find an attorney to act as an expert witness regarding the standard of care for your prior lawyer (to prove the "negligence" elements of the case), but also an attorney expert (and potentially other experts) to testify regarding the underlying claim (you must prove that absent the attorney's malpractice you would have achieved a better result - often termed "the case within the case").

Due to the complexity of these claims, I highly recommend that you retain a legal malpractice plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
Again, I am very sorry to learn of your situation, and I do wish I had different information or a different answer for you. But I do want to provide you with accurate and correct information so that you can move forward productively.