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The McMillan Law Firm, APC


Country United States
State California
City La Mesa
Address 4670 Nebo Drive, Suite 200
Phone (619) 464-1500
Website http://www.mcmillanlaw.us/

The McMillan Law Firm, APC Reviews

  • Dec 26, 2023

Pure Fraud: This is about Scott McMillan San Diego attorney with an office, The McMillan Law Firm in La Mesa. As a concerned person about lawsuit abuse and reviewing some other posts here, I could not help but doing some of my own digging to protect people who may want to hire an attorney. I do this by exposing information about Scott McMillan, The McMillan Law Firm, La Mesa, Scott McMillan holds himself out as a "leading" attorney in his own online marketing but is not recognized by the San Diego County Bar Association or been given an award for being one of the best attorneys San Diego has to offer.

Scott McMillan does pay for being listed in SuperLawyers but he is not a true super lawyer. I found a case in which he lost nearly $600,000 and left his client with the bill since attrorneys do not work for free.

In Mancinelli v. Siewalk San Diego Superior Court Case No. GIC 805629 the trial court deflated the high hopes of Scott McMillan San Diego attorney cashing in on a case he billed the client extensivley for. But the trial Court Not accepting defeat, Scott McMillan showed his true appellate skills when the Court of Appeal in San Diego DENIED his request to reverse the trial court.

In Mancinelli v. Rustie's Intl. Inc., No. D049673 (Cal. Ct. App. Feb. 5, 2008). the Court of Appeal found Scott McMillan’s appeal meritless as it denied every issue raised by The McMillan Law Firm La Mesa. A few key quotes from the Court of Appeal: “Mancinelli [McMillan’s client] argues section 1008 does not apply because the court denied his original motion "without prejudice." We disagree.” Yes another comment by the Court of Appeal, “We therefore conclude the court's denial of Mancinelli's [McMillan’s client] original motion without prejudice did not insulate his second renewed motion from the jurisdictional requirements of section 1008, subdivision (b).”

Most damaging, the Court of Appeal pointed out that Scott McMillan San Diego attorney failed to raise his issue with the trial court, thus jeopardizing his client’s appeal since the Court of Appeal could not consider this issue: The Court of Appeal stated, “We note Mancinelli did not raise this argument in the court below, which waives the issue on appeal.”

McMillan gets law wrong, again. Client left with attorney fees bill of nearly 600k. In my view Scott McMillan San Diego attorney is not the person who can claim he is a “leading” attorney in any practice other than failing at law. I ask consumers to be aware of an attorney who misrepresents himself as this presents a very clear danger to the client being left with a large unpaid bill and losing the case they thought were hiring the best attorney to litigate.

  • Jun 5, 2021

While San Diego attorney Scott McMillan claims to be an appellate expert and a “leading attorney”, the fact is – he leaves a trail of lost cases and now allegations of child molestation as his legacy. See the report attached here. The report was filed as an exhibit in San Diego Superior Court Case No. 37-2017-0036344 and can be seen here.

Your typical “leading attorney” graduates from an ABA accredited law school, while Scott McMillan graduated from a small unaccredited law school that was behind a car dealership at the time. Top appellate attorneys also have a winning track record. For example, one attorney “won four reversals from the California Court of Appeal in a single year, as well as grants of both a writ petition and a petition for rehearing. Once, he obtained five reversals in quick succession in a 12-month period.” See attorney bio here. Another top appellate law firm has a success rate of above 60%. “The firm seeks extraordinary litigators with strong interest in civil appellate work—a must for a firm that boasts a success rate of above 60 percent in appeals.” See Horvitz & Levy ranking. Another firm acknowledges it has won 500 appeals and wins so often it lists its recent wins here. Most importantly, these California law firms do not self-proclaim they are a “leading” law firm as Scott McMillan does on his website, but third parties rank them as leading law firms such as here and here.

In January 2020, the Ninth Circuit denied San Diego attorney Scott McMillan’s appeal for his failed lawsuit to remove internet posts critical about his law firm finding that the defendant(s) did nothing wrong. See the Ninth Circuit court order affirming dismissal. The Ninth Circuit did not need a long opinion to hash out the issues Scott McMillan put before them in hundreds of pages of briefing. Ultimately, the appellate court issued a simplistic four-page opinion stating his RICO lawsuit and allegations of extortion were without merit by stating in part: “Plaintiffs failed to allege extortionate conduct…” and “The district court also properly dismissed the conspiracy claim because the “failure to adequately plead a substantive violation of RICO precludes a claim for conspiracy.””

When you pick a law firm for an appeal, be sure to check the actual success rate of the attorney, awards, and education. A consumer does not want to hire an attorney with a track record of losses or self-proclaimed status of being a "leading law firm". Of course, an attorney with a history such as Scott McMillan is helpful to avoid as well since not only do potential clients see his history of losses, but also potential jurors who control the outcome of a case.

  • May 7, 2020

Scott McMillan San Diego attorney and his fraudulent law school McMillan Academy of Law on the State Bar of California's list of law schools.It is well documented the McMillan Academy of Law does not have any students, see report about the McMillan Academy of Law here.

According to the State Bar of California McMillan Academy of law was operated out of the small two room office of the McMillan Law Firm , 4670 Nebo Drive, La Mesa, California, which is located about 20 miles in a run down part of east San Diego.

The State Bar basically called the school with no students or graduates and out of date law books a fraud. See State Bar report here.

A shell corporation is a corporation without active business operations or significant assets. It looks like Scott McMillan operated the law school out of his small office near the train tracks in east San Diego.

The State Bar of California found the law school to be, in essence, nothing more than a fraud since it did not have a single graduate in twelve years, it had three students, and no one passed the State Bar exam - why? Well, no one graduated!

The McMillan Law Firm founder Scott McMillan has other issues than being found to be unethical and running what appears to be a tax scheme. Scott McMillan La Mesa attorney was also sanctioned by the court and recently lost a huge wrongful death lawsuit, appealed, then lost the appeal (see image attached here) too!

Be careful who you hire to be your lawyer. If they run a law school without students - run!!

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