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Oklahoma Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

T. Augustus Claus
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answered on Sep 20, 2023

In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not... View More

2 Answers | Asked in Medical Malpractice, Legal Malpractice and Personal Injury for Oklahoma on
Q: I thinkmy lawyer cheated me out of a large portion of a malpractice settlement. He did not have me endorse the check .

He did not deposit the check into a trust account but into his law firms account. And the check he wrote me came from from his law firm account.

He would not allow me to be on the conference call during settlement negotiations . I think had a fake mediator.

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

It's not uncommon for attorneys to conduct settlement conferences without the client present. They could include the client if there is still contention about certain facts or testimony. But by the time a settlement conference rolls around, it's largely a discussion of medical findings... View More

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2 Answers | Asked in Medical Malpractice, Legal Malpractice and Personal Injury for Oklahoma on
Q: I thinkmy lawyer cheated me out of a large portion of a malpractice settlement. He did not have me endorse the check .

He did not deposit the check into a trust account but into his law firms account. And the check he wrote me came from from his law firm account.

He would not allow me to be on the conference call during settlement negotiations . I think had a fake mediator.

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

All of those points are suspicious for potential lawyer misconduct. While there are portions of settlement conferences where a client may not attend, a case cannot be settled without a client's express consent. The client should be provided with a written breakdown showing the settlement... View More

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2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice for Oklahoma on
Q: Are there any lawyers available to assist me in a per se case?

I’m not seeking representation or legal advice, but I just need someone to make sure I get the right legal forms and make sure I file them correctly. I will everything for the case but I just need someone to kind of help me make sure it’s done right.

James L. Arrasmith
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answered on Mar 25, 2024

It sounds like you're seeking legal assistance primarily for procedural guidance rather than for representation in court. Many lawyers do offer services that can meet your needs. They can help ensure that your legal documents are correctly filled out and filed. Such support is often referred... View More

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Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?

The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More

James L. Arrasmith
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answered on Mar 21, 2024

In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Legal Malpractice for Oklahoma on
Q: Can I sue my sister (the co-signer) for selling my car without my permission/knowledge? And the dealership?

So I leased a car that my sister co-signed on. I fell a few payments behind while in between jobs so she had made about 4 months of payments on it. Come November I had finally got started at my new job and had planned to resume payments within two weeks, but she showed up to my house demanding that... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 27, 2024

Yes. As she was only a cosigner and not an owner she had no rights of possession or sale (subject to anything that may have been included in the signed documents).

1 Answer | Asked in Legal Malpractice for Oklahoma on
Q: What should I do if my lawyer has my settlement check and refuses to give it to me after 30 days In Tulsa Oklahoma?
Dale S. Gribow
Dale S. Gribow
answered on Feb 21, 2023

contact a local lawyer in that state.

just because a lawyer has the money doesn't mean s/he can disburse.

s/he may be waiting for bills or trying to cut bills to get more money FOR YOU.

ask your lawyer what the problem is.

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Oklahoma on
Q: Lawyer.told.temp.order.hearing.Judge I passed.on.hearing,but.both.parties. want.mediation.I did neither.is this.legal?

open Cust/pat. 6 months.moms withholding all contact. 3 weeks ago I insisted no more offers, time, no mediation its been 6 months. I need my kids.He filed. Medically i was not ble to be there. I asked him if we can continue it, said he will.he Emailed me: we got the continuance, but.judge.ordered... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 28, 2022

Many courts REQUIRE Mediation before a case is set for trial. This is a good opportunity for you to settle the case. Try to hire an attorney to advise you a" the mediation. Hopefully you can settle your case then. Good luck.

1 Answer | Asked in Child Custody, Family Law, Legal Malpractice and Native American Law for Oklahoma on
Q: Is there is remedy or justice available out there other than Legal Aid for people who have been screwed over

I know Ive heard of Pro Bono but does that service even exists - I was represented by a legal aid attorney recently and I would have been better off representing my self.

Anna L Self
Anna L Self
answered on Sep 1, 2021

Most pro bono attorneys are referred cases that Legal Aid does not have time to handle.

There are very few resources for free legal services other than legal aid unless you are Native American. If you are Native American then you can contact the tribe to see if they have free legal...
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1 Answer | Asked in Contracts, Employment Discrimination, Employment Law and Legal Malpractice for Oklahoma on
Q: Hello! I run a small business in OK teaching out of a home and am needing to let an employee go. I need help legally!

If the employee signed an at-will agreement, does that mean I can let them go without explanation? The reason is bc they are causing dissent among staff but there is no real way to prove it. I cannot say they are lying without proof but we know they are due to other facts. Can we fire them for... View More

Charles Watts
Charles Watts
answered on Aug 29, 2021

Regardless of good cause or not, you can still be sued. That doesn’t mean the other person will win but you still have to defend it. As far as Oklahoma is concerned we are an at-will state meaning you can terminate an employee at will, so long as it does not fall under the discrimination... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Oklahoma on
Q: How do i begin to file for a re-sentencing or bring it to the court's attention of an 8th amendment right being violated

Was charged with a crime that should have essential been lowered, is admitting guilt but it should have been a lesser charge,was not made aware of any plea bargins,never made an initial statement, wrong lawyer is on paperwork, mental state and being extremely intoxicated was not mentioned

Pete David Louden
Pete David Louden
answered on Jan 31, 2021

The best place to start would be to consult with criminal defense or appellant attorneys that have a lot of experience with post conviction relief. The attorney would need to review your case in detail and then would be able to explain your best options.

1 Answer | Asked in Personal Injury and Legal Malpractice for Oklahoma on
Q: Can a mistrial be declared if my lawyer lied to the Judge on a case predjudicing him for the following trial?

my attorney told the Judge I was a felon on a probate administration and stopped me from becoming administrator. then the judge is on the bench at a quiet title action with a pre conceived image that I am a felon and I loose the case

Pete David Louden
Pete David Louden
answered on Aug 6, 2020

Are you a convicted felon?

1 Answer | Asked in Criminal Law and Legal Malpractice for Oklahoma on
Q: What information do I need to obtain in order to get proof of my attorneys malpractice
Brian Boeheim
Brian Boeheim
answered on Dec 14, 2019

Not sure what you are asking? If you want to see if they have malpractice insurance, then like any type of insurance, your attorney should have a policy he/she can show you.

If ont he other hand you are speaking of a failure on the attorney's part to do their job, which caused you...
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1 Answer | Asked in Legal Malpractice for Oklahoma on
Q: Is it legal for a local city ordinance to be enforced if the ordinance has not been filed thru the county court clerk?

Nor has the ordinance been made available to the residents or anyone for that matter and city hall that enforces the ordinance can't provide a copy of the ordinance even after issueing a citation that exceeds the state law amount for that same citation?

Kyle Persaud
Kyle Persaud
answered on Apr 16, 2019

The ordinance doesn't have to be filed with the county clerk. However, the title of the ordinance does have to be published in the newspaper. Also, the ordinance has to be made available in the office of the municipal clerk (that's different from the county clerk.

Okla. State Tit....
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1 Answer | Asked in Divorce, Child Custody, Domestic Violence and Legal Malpractice for Oklahoma on
Q: I feel my judge is being biased.

My wife is currently trying to divorce me. I show up at the courthouse with police records and photos proving I was physically assaulted by her. I also had DHS documents proving that she was considered to be neglectful towards our son. She shows up with nothing but her word and tears and my... View More

Pete David Louden
Pete David Louden
answered on Apr 4, 2018

Did you have an attorney?

1 Answer | Asked in Legal Malpractice and Family Law for Oklahoma on
Q: I had to hire an attorney for my son . Shouldn't his dad be responsible for half ?
Gary Johnston Dean
Gary Johnston Dean
answered on Jun 23, 2017

No. However you can ask him to share the expense, or make an application to the court. You should consult an experienced Family Law attorney for help.

1 Answer | Asked in Real Estate Law, Probate and Legal Malpractice for Oklahoma on
Q: Mentally ill father had someone file a false lien on his home. The attorney is disbarred. What can my family do?

My father is deceased as of Sept of 2015. I have a copy of the forgery. David L Morris was the attorney (who is in jail for other fraud.)

Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

Usually you would file an action to quiet title. Suggest you start with contacting a member of the Ok.Trial Lawyers Assn who handles legal malpractice.They give free consultations.

1 Answer | Asked in Legal Malpractice for Oklahoma on
Q: Can a lawyer help me sue another lawyer?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

Yes, a lawyer can represent you or assist you in a lawsuit against another lawyer.

1 Answer | Asked in Legal Malpractice for Oklahoma on
Q: Do district attorney's have the same rules as they are for lawyers? Do they have to take an oath? If so can I get a copy
Mr. Jarod Morris
Mr. Jarod Morris
answered on Mar 28, 2011

District Attorneys are licensed by the Oklahoma Supreme Court the same as any other attorney and must abide by the same rules of professional conduct. If you have a question about the conduct of any attorney, you can call the Oklahoma Bar Association for more information. (405) 416-7000 or... View More

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