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Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for Wyoming on
Q: If my brother died by suicide while on probation and in treatment, can we sue them for emotional damages?

They exacted a warrant illegally on my parents house, took kids with no cause, and convicted my mom and brother. Even though my brother admitted to all in the house, they still charged my mom n convicted her under coersion.

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

This would be a tough case for a number of reasons dealing with proof, showing the cause was that and not an underlying issue. Suggest you contact the Wyoming Civil Liberties Union, ask for their prison rights group, ask them for the names of some of their "cooperating attorneys." Those... Read more »

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Did my lawyer break the law?

A few days before my lawsuit trail my lawyer explained to me that he had an agreement with the defendant's lawyer. Whichever side lost would not appeal the jury decision. Our side lost; right after the jury's choice was heard I was reminded there could be no appeal.

Was that... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

If you wanted to do anything as to the attorney your time ran two years ago (assuming the trial was four years ago). It's not unusual to have agreements like that but usually they are tied to something called a high/low where if you lose you get the minimum, if you win, you only get up to the... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Legal Malpractice for Maryland on
Q: I was given 2 responses but I dont know how to respond directly. I signed with my current Attorney in Oct of 2019.

Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec... Read more »

Mark Oakley
Mark Oakley answered on Sep 16, 2021

You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and... Read more »

1 Answer | Asked in Consumer Law, Legal Malpractice and Federal Crimes for California on
Q: If a lawyer separates settlement money from the awardee by investing the funds which end up being diverted is it legal?

Is the refusal to release the funds to the client by investing or stalling embezzlement?

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 15, 2021

Sounds bad. The BAR can answer this for you, given more specifics.

2 Answers | Asked in Bankruptcy and Legal Malpractice for Maryland on
Q: Currently in an active chapter 13 and I'm pretty sure my attorney royally screwed up. I need to know if I have a case.

If so - I want all my debt cleared and mine and my spouses credit score back to the 700's. If you are willing to look at my case - please let me know. I really could use some help

Anna L Self
Anna L Self answered on Sep 15, 2021

No one an give you an opinion on this board without reviewing your case. And even if your attorney "screwed up royally" there is not way to get your credit score to the 700s.

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1 Answer | Asked in Immigration Law and Legal Malpractice on
Q: my sponsor has withdrawn my PR without my noticedon't know the reason for cancelling. he is in Canada and not responding

I need help to address this issue as I'm the applicant

Kyndra L Mulder
Kyndra L Mulder answered on Sep 14, 2021

PR generally refers to Permanent Resident. That being said, you question makes no since.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: What can I do when my attorney won't return my retainer?

I asked for the money back within 24 hours of payment. The attorney ignored me for a week, until I brought up matters of trust funds and attorney obligations in an e-mail. Then I was contacted almost immediately. Contract makes no mention of non-refundable and attorney agreed to return the funds.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

I suggest you drop off a written request or send one certified return receipt requested. Then contact the attorney-client dispute resolution committee of the bar association for the county where the lawyer practices.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Can I sue my lawyer for malpractice?

After their testimonies unwittingly showed their motor vehicle hit my bicycle, my lawyer did not question the defendant's witnesses over their words at their cross examinations. He also did not raise their statements at his closing argument before the jury! We lost the jury decision.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

The lawyer may have had tactical reasons for doing what he did. Jurors may have looked at other issues. Your attorney was, I assume under a contingent fee. He had every reason to do his utmost to win. If he and you believe it's against the weight of the evidence he can file an appeal. That... Read more »

1 Answer | Asked in Civil Litigation, Legal Malpractice and Libel & Slander for California on
Q: Can a pro se litigant get sanctions against a Plaintiff that keeps filing frivolous motions etc?
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Usually "sanctions" mean your attorney fees. So, not unless there are particularly unusual circumstances. Perhaps you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: Does my employer have the right to harass me (just me specifically) for proof of vaccination as I work in a

I recently was brought into a conference room by my supervisor to discuss my vacation hours when I was surprised to see the HR manager in there waiting. They had a list of 5 items they had issues with which I confidently argued my way out of as the company is rife with poor communication and... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 8, 2021

I am sorry but what you describe is not unlawful in any respect. An employer is allowed to talk to employees and question them about their vaccination status, and frankly the employer is allowed to discipline and even terminate an employee who refuses to vaccinate.

You say you think the...
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1 Answer | Asked in Legal Malpractice for New York on
Q: Is it customary for a lawyer to keep the refunded Federal Court filing fee which the client paid?

When a client pays the Federal Court filing fee to her attorney for a case--but--the Court remands the case (with the client's approval) to a lower authority to decide the case---and--the Court refunds the filing fee to the attorney--is it customary that the lawyer keeps the refunded filing... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 3, 2021

I can't speak for other law firms, but I advance filing fees and treat them as disbursements at the close of the case. I do not request filing fees from clients (index nos, RJIs, appeals, etc. - I pay those up front out of my own funds). If for some reason a client HAS ALREADY PAID a filing... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence, Legal Malpractice and Municipal Law for Texas on
Q: Can the victim can do anything about the lack of victim's rights offered and police & prosecutor not including evidence?

I was the victim of an assault from my ex. He was eventually charged (months after the assault) because I stayed in contact with the police department's Professional Standards Unit. The detective on the case was non responsive until PSU got involved. When the charges were pressed, the charge... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 2, 2021

There doesn't sound like anything else to do in terms of criminal law. However, in civil law you could seek a protective order based on family or dating violence... and perhaps even stalking based on the voicemails. You might be able to sue him for the cost of medical treatment but unless... Read more »

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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...
Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Legal Malpractice for California on
Q: Judge “reconsidered my case but my attorney never responded or even told me, I found it on my own Fresno county Odyssey

This was a property ownership dispute & it went to court as a eviction but my attorney made several mistakes & the judge told her right there in court in front of me, I assumed she knew what to do & she said “I got this” to me but dropped the ball & me when I found the docs on... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 31, 2021

more info is needed.

however, it would make sense to contact a possible legal malpractice attorney in your area to see if it was indeed malpractice.

if it is too small for them you can always sue in small claims court for up to $10k............and you can contact the State Bar.

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... Read 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... Read more »

1 Answer | Asked in Medical Malpractice, Health Care Law and Legal Malpractice for California on
Q: Doc refuses to reevaluate his previous diagnosis & ends up being wrong & now others are affected ,is it malpractice?

If a diagnosis of skin condition that is highly contagious won’t be tested for after 2x of asking the doctor to, be negligent or irresponsible?Family member confided that after uncle was diagnosed with skin thing she highly suspected another condition. Called doc left message, she emailed doc,... Read more »

Joel Gary Selik
Joel Gary Selik answered on Aug 29, 2021

Yes, it may be malpractice (must be confirmed by a competent medical doctor.

No matter what the doctor says and does now, the patient or patients need to see other doctors right away.

1 Answer | Asked in Legal Malpractice and Criminal Law for California on
Q: Is it legal as a 15 year old to watch 15 year old porn online fictional tv show characters??
Joel Gary Selik
Joel Gary Selik answered on Aug 29, 2021

Assuming the definitions, the answer is no. It is, at least, two criminal violations

2 Answers | Asked in Criminal Law, Legal Malpractice and Municipal Law for Georgia on
Q: how much would it cost me if you got my dads case file?
Robbie Levin
Robbie Levin answered on Aug 26, 2021

I'm not sure what you mean by getting your dad's case file. Is it hidden somewhere, and you need someone to find it? Please give additional information as to what you are trying to accomplish.

For more information, visit my website at www.LevinLawyerGa.com

-Law Office of...
Read more »

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1 Answer | Asked in Divorce, Civil Litigation, Domestic Violence and Legal Malpractice for Florida on
Q: Conflict of interest

Partners

Nicole Vette
Nicole Vette answered on Aug 21, 2021

If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.

1 Answer | Asked in Immigration Law and Legal Malpractice for Texas on
Q: i was detained at checkpoint for carrying an illegal immigrant we are both released? is that an illegal seizure of car.

it was 2 of us coming from el paso to odessa. we were asked for id's right away. im the driver and one in the passenger. He was asleep due to feeling under the weather so drank some nyquil. was woken up and the BP gent asked him few questions passenger didnt answer so they took us to... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

No. It was not illegal to take your vehicle. It may have been taken as a civil forfeiture because it was used in the commission of a crime.

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