Legal Question in Legal Malpractice in California
court clerk gave me legal advice
under ccp 24004 a clerk cannot give me advice. She said my subpoena for small claims must be sent back to the court only,not to our office. We need these docs sent to us. She pissed me off so much that I want to file suit for legal malpractice and neglicence. Is she right, I am sure that under address of where you want the items returned, it doesnt only have to be the court please help. Will I have a case, I really want a legal malpractice suit. Her manager admitted that her clerk gave me legal advice
1 Answer from Attorneys
Re: court clerk gave me legal advice
You can't sue the court clerk for this, and certainly no lawyer is going to help you sue the court clerk, we depend on them for our existence.
There are two types of subpoenas, a deposition subpoena and a trial subpoena. What you should have done depends on whether the custodian of the documents is the defendant, or someone else. You could sue the defendant in regular civil court and either issue a deposition subpoena (not a trial subpoena) or, if the person with the documents is the defendant, a request for production of documents. Then, if you find that the procedures for civil court are too difficult to handle by yourself, you could file a motion to transfer the case to small claims court once you have the documents. Certain kinds of documents, such as consumer records, have special requirements. Go to the law library at your local courthouse or law school, and look up California Subpoena Handbook.
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