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Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for New York on
Q: Is it legal to accept money from a sale of a home if a notary falsified witnessing a signature on a deed?
Roy Warner
Roy Warner answered on Jan 25, 2022

Depends on the law in each state. However, accepting cash is legal. The problem is whether the deed can be filed, which serves as notice to the world that the person who paid cash for the property is the true owner. The deed should be corrected pursuant to the terms of the written contract of... Read more »

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for Maryland on
Q: I live here for 2 months. 12 month lease. My landlord is selling my apartment. Can I reject open house and viewing

I only been here for 2 months my lease is no where near ending. I’m in Baltimore MD and was told that she can do

The open house but do I have to agree to the viewing? What are my rights when it comes to the public viewing my personal things within the apartment

Mark Oakley
Mark Oakley answered on Jan 21, 2022

First, read your lease to see if there is a specific provision regarding this. If not, NO. An open house is NOT a reasonable request from a landlord. Reasonable inspections upon advance notice and appropriate times are generally allowed, but having real estate agents and prospective buyers... Read more »

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona on
Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?

We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

My heart goes out to you. It sounds like you're in a very difficult position.

The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency...
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1 Answer | Asked in Legal Malpractice for California on
Q: How does one disbar an incompetent judge?

This judge may have dementia.

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

In California there is a governmental agency dad overseas judges and discipline the judges.

https://cjp.ca.gov/

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... Read more »

Roy Warner
Roy Warner answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

2 Answers | Asked in Federal Crimes, Legal Malpractice and Probate for California on
Q: An Attorney falsified his billing to cover up trust documents in my favor. Where should I file a complaint?
Joel Gary Selik
Joel Gary Selik answered on Jan 15, 2022

In California, complaints are made to the State Bar here: https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Florida on
Q: After an arrest, can the officer place you in the car with windows up and engine off while he finishes his investigation

After about 10 minutes a sheriff from the county came over on his own to show some decency and open the door for me so I could breathe.

Henry George Ferro
Henry George Ferro answered on Jan 9, 2022

This is an interesting question and you are protected by the constitution against cruel and unusual punishment. Given your fact pattern, I don’t believe that the actions of the officer rise to that level, the intervention by the deputy was appropriate and kept the situation from the escalating... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: 3 months into a case a lawyer asked for a second incident date we never stated, said can’t proceed without!

In lawsuit draft lawyer states dates that have nothing to do with our case, stated use of wheelchair when we stated use of walker! Politely asked false info be removed and then once again asked for 2nd date that does not exist which we refused to furnish!

Joel Gary Selik
Joel Gary Selik answered on Jan 8, 2022

Mistakes of facts in lawsuits may not matter at all and it may not be worth amending the complaint.

If there were not two incidents, but the lawyer thinks there is, this could be a sign of miscommunication. Ask the lawyer to discuss the case.

1 Answer | Asked in Legal Malpractice, Contracts and Estate Planning for Nebraska on
Q: Should the estate Atty (executor) provide a periodic accounting of legal costs to the beneficiaries? it’s been 9 months.

We’ve sent written requests for accounting of legal fees and asked in person. I once asked what the typical cost of an estate this size (3M) runs. Initially he said 20-25K, a month later I asked again and he said 40-45K. We’ve received nothing in writing regarding legal fees. I asked why the... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

Someone likely entered into a fee agreement with the attorney. The fee agreement likely sets forth how often the attorney will send an updated accounting. You should ask and expect the attorney to generally follow the terms of this agreement.

There should be an accounting of fees...
Read more »

1 Answer | Asked in Workers' Compensation and Legal Malpractice for New Jersey on
Q: I have a workers'comp case. I do not believe my lawyer has represented me adequately. There were plenty inconsistencies.

I have a workers'comp case. I do not believe my lawyer represented me adequately. There were plenty of inconsistencies that weren't addressed.

I was asked,by my lawyer,to settle my case even though my injuries weren't completely final.

The case has been ongoing since... Read more »

Gerald D. Siegel
Gerald D. Siegel answered on Jan 6, 2022

There is no right to a jury trial in workers compensation.

The same judge that would make a recommendation for a settlement is the same judge that would try your case and make a decision.

You are best off paying another WC attorney for a 2nd opinion.

2 Answers | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: I'm trying to figure out If I have a malpractice case. I am 98 lbs still losing from bariatric surgery 2018.

I got the surgery in 2018 everything was fine until I hit 120 lbs and I wouldn't stop losing. I have gotten very weak and so much pain all over my body. I sprained my ankle just walking. I have tried to get help from everywhere and seems they are just letting me die. I haven't been... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 5, 2022

more info is needed and should be shared with the med mal lawyer that you should call in your area.

there are possible statute of limitations issues..........so don't sit on your rights...or you lose them.

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1 Answer | Asked in Legal Malpractice and Medical Malpractice for Florida on
Q: This is a complicated question. A professional malpractice case was filed before the 2 year time period.

The case was litigated for a year and the Plaintiff withdrew the case without prejudice. Now the plaintiff would like to reopen the case. Is that possible? I am not sure about the timeline for permanent closure or continued litigation in a case of this style.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2022

Assuming that the pertinent statute of limitation period has expired, re-filing the case would be time-barred.

2 Answers | Asked in Family Law, Domestic Violence, Legal Malpractice and Probate for Georgia on
Q: Please help me understand . I'm preparing for divorce and in my research online I come to find shocking documents.

Two marriage licence applied for 10 years apart are on the probate record on in 2011 when we married at the court house . The other issued Jan 21 2020 I had no knowledge or part in at all ? What can I do to unravel his mess of fraud , deception and abuse ?

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

Clearly, you need to meet with a family law attorney to help you figure out what is going on.

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1 Answer | Asked in Legal Malpractice for California on
Q: How can one disbar an incompetent Judge with cognitive issues?
Joel Gary Selik
Joel Gary Selik answered on Dec 31, 2021

There is an agency that disciplines judges

https://cjp.ca.gov/

1 Answer | Asked in Legal Malpractice for California on
Q: Other than Bar complaint, no consequences for awful legal malpractice if I win Mandamus reinstatement? Even though....

I know that Mandamus reinstatement mitigates legal malpractice damages. 1.) BUT, that horror cost me 2 1/2 years of my life & much legal fees. Other than the Bar complaint, the atty gets away w/ it & I'm stuck w/ 2 1/2 yrs of my lost life & a lot of legal fees? Continuing... Read more »

Joel Gary Selik
Joel Gary Selik answered on Dec 30, 2021

So sorry to hear what you have been through.

While there are not enough facts to positively answer your questions, some information can be provided.

While there may be mitigation, that does not mean that there is no case, it only means that damages may be less than if mitigation was...
Read more »

1 Answer | Asked in Employment Law, Real Estate Law, Workers' Compensation and Legal Malpractice for California on
Q: "The Law is on your side, but (EVERYONE knows) THIS Judge is BIASED,so you WILL LOSE. It's NOT right, but [accept it!]"

So says my lawyer.She says this is the experience she&every lawyer has w/this Cal. Unlawful Detainer Judge.Even though the law is on my side, THIS Judge will IGNORE the Law.THIS Judge will not care that: there is no valid Notice to base Complaint on(the landlord specifically waived the60day... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 29, 2021

Before you abandon all hope, get a second opinion. There are biased judges out there that make the system unfair. Whether the present attorney's assessment of the system is accurate or not cannot be known by anyone here. Only by getting more opinions can you know if your present attorney is... Read more »

Q: Filling an appeal and just need to know which appeal I should file.

We are going to file in appeal but I am not sure which application I should file because we both agree that his rights were violated as a person that is representing himself in court. He wasn't supply anything that you are suppose to get when you are self representing yourself. Even with a... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 28, 2021

More info needed.

Why wouldn’t court appoint a lawyer?

Did D initially refuse counsel?

Something is missing in the facts.

2 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Probate for Michigan on
Q: Is there a way to find out if a guardian of a deceased legally incapacitated adult took out a life insurance policy?

I already asked the funeral home for documentation. I was not notified of my child's death and do not know what actually happened.

Brent T. Geers
Brent T. Geers answered on Dec 22, 2021

Best thing to do would be to go to the probate court. There should be an accounting filed, which would list everything.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Legal Malpractice for Georgia on
Q: what is the statute of limitations to file a civil claim against someone using OCGA 16-48?
Michael D. Birchmore
Michael D. Birchmore answered on Dec 7, 2021

We won't be able to assist you until you provide the complete statute citation. It should read as the following (but with numbers of course).

O.C.G.A. Sec. XX-XX(X)-XX(X)

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