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Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for Texas on
Q: How do I request the appellate judge to give a written opinion on dismissal of a request for reconsideration?
Randy Sorrels
Randy Sorrels answered on Jun 20, 2021

On the motion for reconsideration, they can simply deny the motion or grant the motion. Usually, they deny the motion without a written opinion.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Is it legal for universities to require the vaccine? Or wear a mask and get tested twice a week if you don’t?

My university is basically saying get vaccinated or get tested twice a week AND wear a mask on campus if you want to attend in person classes. I feel as if this is not fair and it is might right to have the choice of wearing a mask/getting vaccinated. Especially since I am paying for the education... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

Recent decisions suggest it is. They are doing this for other students. Just as if they had gas fumes they would have a duty to control them. The "studies" you refer to, if they aren't from a peer reviewed medical journal, they hold no weight in Court. Or you can attend mask free,... Read more »

2 Answers | Asked in Consumer Law, Contracts and Legal Malpractice for Florida on
Q: Civil plaintiff attorney has effectively gone missing since April. Resulting in missed deadline sanction won’t call bar

Radio silence to even the bar

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2021

And what is your question? If this is your attorney find another attorney, who can, take over your case and determine what, if anything, to do about the missing attorney.

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1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
Read more »

1 Answer | Asked in Family Law, Personal Injury, Legal Malpractice and Military Law for Ohio on
Q: My lawyer signed away my rights without me knowing. Should I sue?

I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 5, 2021

Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for Georgia on
Q: Disbursement of Recovery: Any recovery shall be received by Attorney and disbursed to Client pursuant to this Agreement

Do this clause give my attorney the right to cash my check?... Even if I did not agree to the recovery amount of the settlement. Can he cash and deposit my check?

I fired my attorney and when it came down to my new attorney requesting the check the check had been cashed.

Tim Akpinar
Tim Akpinar answered on May 24, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. This sounds like something that has to be sorted out between your incoming and outgoing attorneys, and possibly the carrier, depending on how it's handled. Good luck

Tim Akpinar

1 Answer | Asked in Legal Malpractice and Traffic Tickets for Michigan on
Q: Is it legal for a cop to follow me around after I recorded him, and write me up for a statute I didn't violate? help

I feel like my 1st amendment rights to freedom of press and speech are being attacked, I filed a complaint and the supervisor blew me off and said he won't argue the constitution with me, deal with the ticket in court. I don't feel I should be picked on by law enforcement when I am not... Read more »

Brent T. Geers
Brent T. Geers answered on May 18, 2021

Without determining whether the police are right or wrong here, they are right about one practical aspect of the law: you won't win an argument about law or fact with the police on the streets; that is what courts are for.

Your first amendment right to watch the police while in public...
Read more »

1 Answer | Asked in Consumer Law, Collections, Legal Malpractice and Small Claims for Washington on
Q: A random lawyer sued me for debt that wasn’t mine and I thought it was a scam but I now owe him. Isn’t this illegal?

My fiancé got handed a random court case with my name on it stating I owed debt to places I’ve never been to or had accounts with so I thought it was a scam, but I just got another set of papers in the mail that state I now owe money to this lawyer for the debt and I don’t understand how this... Read more »

Tim Akpinar
Tim Akpinar answered on May 16, 2021

A Washington attorney could advise best, but your question remains open for two weeks, and those court papers your fiancé was handed could have relatively short deadlines by which a response is due. There could be a number of reasons for the court case, one being that someone made fraudulent... Read more »

Q: Is it fraud to skip over a named successor trustee, and instead nominate and fill the vacancy with an outside party?

The successor trustee who was handling the administration of my irrevocable trust died. My Aunt was named second as a successor but she declined.

The next successor trustee named in the trust instrument was a bank but the bank was never informed of this. My Dad's widow, (an omitted... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 3, 2021

You said the fiduciary was court appointed. Did you get notice of the ex parte hearing? More facts would be needed to determine if you have any recourse. Seek counsel for a private consultation so that you can provide all the facts of your situation for a thorough evaluation.

Q: my car caught fire today at my workplace, I believe it was an electrical fire due to a recall on the 2017 NissnSen
Tristan Blain Morrison
Tristan Blain Morrison answered on Apr 28, 2021

I'm sorry to hear about your car. If you were injured while working, then you have a workers' compensation claim. If the injury was serious, you should speak with a lawyer to bring your claim immediately. If you were not working, but you were seriously injured, then you will need a... Read more »

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1 Answer | Asked in Legal Malpractice and Criminal Law for Texas on
Q: My lawyer withdrew from my case right before trial taking all my money .judge isn't sympathetic at all is this legal .
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 26, 2021

Yes, it is legal if the judge allows it. Is it ethical? Maybe. That depends on the lawyer's reasons for withdrawing. There was probably a Motion To Withdraw filed by the attorney and a copy of it will be in the court clerk's file. You could request a copy and check to see if the... Read more »

4 Answers | Asked in Legal Malpractice, Employment Law, Business Formation and Business Law for California on
Q: Hired as an independent contractor, but now owner claims that I was a partner after trying to receive payment. Legal?

I was hired by company to run Tournament events. The company wants to contract me to run tournamemt events. With work product created, I provided the company with this service. After creating an FBN and EIN for the sole purpose of getting paid for services I provided, I asked for payment by giving... Read more »

William John Light
William John Light answered on Apr 25, 2021

You are free to sue for your fees as an independent contractor, if that is what you were. Even as an independent contractor, if you created intellectual property during the course of those duties, that property would likely belong to the person who contracted with you to create it.

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2 Answers | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Florida on
Q: Afer a motion to dismiss another judges order , basing off of false statments and fetched reasoning gets canceled .

I won a hearing after the mother petitioned for an emergency pick up order. Judge agreed with mother and ordered, I apealed the decision based off of due process and my ability to not tell my side. the judge then recanted and called for a hearing. I won the hearing the judge determend the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 22, 2021

You attend the hearing and testify if asked to do so. Otherwise, leave it up to your attorney.

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1 Answer | Asked in Legal Malpractice, Medical Malpractice and Contracts for Maryland on
Q: As a practicing physician contractor in Maryland, does my LLC need to be in Maryland?

I am a physician licensed in Maryland planning to do contract work with an employer in Maryland. The employer will be paying my LLC that I must set up. The taxes are lower in Virginia, so I would like to set up my LLC in Virginia. However, I am not licensed in Virginia. Do I need to set up the LLC... Read more »

Mark Oakley
Mark Oakley answered on Apr 22, 2021

You are mixing up two totally different things: (1) the right of a legal entity to regularly conduct business in Maryland; and (2) which state you owe and pay income taxes. If it was as easy as where you organize your pass-through entity, everyone would create an LLC in the states with no state... Read more »

2 Answers | Asked in Admiralty / Maritime, Legal Malpractice, Medical Malpractice and Personal Injury for Florida on
Q: My injury case was settled but I never got my money part (maritime). I want to make a new case for Malpractice.

My injury case was onboard a cruise line ship and this case is on Brevard County Court.

For the new case I want to have for Malpractice occurred in Lantana, Lake Worth.

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

There isn't enough information to form any judgment on what happened here in terms of the handling of the case. But as a GENERAL matter in maritime and other types of injury cases, there are factors that could sometimes delay payment to a plaintiff. Some of these are not within the control of... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Florida on
Q: Are there any legal remedies for a withheld judgement to be dismissed before it's time lapse?

A loved one received a withheld judgement for a misdemeanor for something that they didn't do. The accusing party filed a lawsuit the same day of the hearing. A couple of months in and during the discovery process, exculpatory evidence was provided that had been withheld from the criminal... Read more »

Henry George Ferro
Henry George Ferro answered on Apr 19, 2021

You typically must file your motion to vacate on newly discovered evidence within two years of the termination of the original case. Contact a lawyer ASAP...

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for New York on
Q: Is it illegal for my grandma to keep my mom away from me wen I did not do nuffin I have no stay away no nuffin

Yes my grandma is 83 years I’m 28 my mom is 57

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 5, 2021

Since you are over the age of 21 you can see your mom unless there is some sort of court order that prohibits that.

3 Answers | Asked in Personal Injury and Legal Malpractice for New York on
Q: Do my lawyer have the right to give me my documents on my case with index # etc?? Do They the right to hold my money

How do I find out how much my settlement was? How much a lawyer to suppose to charge? Do I pay for filing and paper work out my money? Why my lawyer Got more of the money then I did. 33.3% I thought was of fee. She had it in her savings for 1yrs b4 I received anything, also he lean me a few... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 3, 2021

It's difficult to comment on the award and fees without knowing what your arrangements were. As a general matter, if there were claims from public agencies such as Medicaid/Medicare that demanded reimbursement on payments they made on your medical treatment related to an accident, that could... Read more »

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1 Answer | Asked in Legal Malpractice for California on
Q: Attorney after falsified the Plaintiff declaration, he has filled it with the court, for a lawsuit of 25,5 Millions

Attorney after he falsified the Plaintiff declaration, he has filled it with the court, knowingly that declaration is false, for a lawsuit for 25,5 Millions, by using a false declaration.

Without falsification of Plaintiff declaration, this lawsuit couldn't be filed.

We... Read more »

William John Light
William John Light answered on Mar 31, 2021

Get an attorney and present your evidence to a jury at trial. The judge cannot decide whether the declaration is false. The Plaintiff says its true. The jury gets to decide.

1 Answer | Asked in Banking and Legal Malpractice for Missouri on
Q: Can your wages be garnished without going to court?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 30, 2021

Generally, no, but I'm not sure if you are seeking to collect money owed or if a private party or the government is garnishing your wages.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

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