Legal Question in Legal Malpractice in California

If I was to file a malpratice suit, do I need to have an attorney in the state where the surgey took place or can I use an attorney in the state that I live in?


Asked on 1/31/10, 2:23 pm

4 Answers from Attorneys
Linda Chalat Chalat Hatten Koupal & Banker P.C.

You must file the claim in the state in which the care was provided.

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Answered on 2/05/10, 2:29 pm
Richard T. Rosenstein, Esq. ROSENSTEIN LAW OFFICES 1-888-500-5291

You need to comply with the laws, statutes and regulations in the State where the malpractice is alleged to have occurred. Therefore, you should hire an attorney who is licensed to practice law in the State where the surgery was performed.

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Answered on 2/05/10, 2:38 pm
Robert F. Cohen Law Office of Robert F. Cohen

You should only retain an attorney in your state if he/she is licensed to practice in the state where the surgery occurred.

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Answered on 2/05/10, 3:06 pm
Melvin C. Belli The Belli Law Firm

You will need an attorney where you intend to file the case. You can have an attorney in your state but he will have to associate with counsel in the state where you are filing the action and get admitted pro haec vice.

Good luck

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Answered on 2/06/10, 10:49 pm


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