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Arizona Legal Malpractice Questions & Answers
0 Answers | Asked in Legal Malpractice and DUI / DWI for Arizona on
Q: Is it legal for a judge that ruled over a now closed case of mine in the past to represent me in a new case?

I was recently appointed my public defender for a DUI case, and I recognized the name as the judge who ruled over a DV case that is now dismissed and after research I have confirmed its definitely the same guy. is there any reason that would be considered illegal? I don't really see why it... View More

1 Answer | Asked in Contracts, Construction Law and Legal Malpractice for Arizona on
Q: I have a solar company that has admitted fault to roof damage. I do not want panels back on my roof! I'm in a lease??

Can the solar company force me to put the panels back on my roof? There's been negligence, poor workmanship, unprofessionalism, broken trust with the company. I'm in a lease with the panels but leases are made to be broken.

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2024

Have the contact reviewed by an experienced attorney to determine your rights in addition to claims for their negligence

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Arbitrator Qualifications

I had an arbitration hearing for legal malpractice. The attorney/arbitrator who heard the case was an attorney who practiced a completely different type of law.... business I believe. He seemed quite incompetent as he had to ask my attorney and the attorney I was suing how the process worked. For... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2024

Not necessarily. The attorneys representing the parties should brief the arbitrator on the law.

But, the Arbitrator should know how to conduct an Arbitration.

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Is this legal malpractice? My daughter retained a lawyer paid 4,600

Received email stating lawyer was no longer with firm but not to worry she would see her case through to the end. She's now on her last appeal and lawyer wants more money to continue or she's on her own. Keep in mind the process has taken longer because lawyer missed the call from... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2023

The fee agreement determines how fees may be charged. For example, if it was a set-fee agreement, more cannot be charged.

Also, fees should not be charged for additional work created by the attorney’s errors.

1 Answer | Asked in Employment Law, Workers' Compensation, Legal Malpractice and Sexual Harassment for Arizona on

Good afternoon,

I recently resigned after countless emails to HR, my supervisor, Lead, and management about a co-worker that made some inappropriate comments towards me and after I didn't reciprocate he told other co-workers I was "hard to work with" some comments he made... View More

Joel Friedman
Joel Friedman
answered on Aug 3, 2023

This would not be a workers compensation question and you should focus on finding and answer from an employment law attorney.

1 Answer | Asked in Personal Injury, Car Accidents and Legal Malpractice for Arizona on
Q: I need a lawyer that has the capability to go after another lawyer I previously hired for several reasons…

Failed to fulfill their duties and little regard to Ethics code that is supposed to be followed… Failed to apply well known law rulings applicable. This is in relation to personal injury claim/suit where I was 100% not at fault.

Joel Gary Selik
Joel Gary Selik
answered on Apr 12, 2023

You need a legal malpractice specialist.

Search this site for legal malpractice attorneys in your state.

1 Answer | Asked in Divorce, Family Law, Juvenile Law and Legal Malpractice for Arizona on
Q: In Arizona, who handles grievances toward court appointed counsel? Does it matter if the lawyer has their own firm?

I fired my attorney, right in front of the "mediator", and she told me "all the lawyers here are interchangeable. They're going to tell you the same thing. " Had i only known i needed to say it to the judge. Maybe it wouldn't have made a difference at all.

Stephen M Vincent
Stephen M Vincent
answered on Jan 27, 2023

The Arizona Bar handles complaints about lawyers.

As for having their own firm, it really doesn't make a difference.

If you think of suing your lawyer, you really should speak to a legal malpractice attorney before you file anything.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Legal Malpractice for Arizona on
Q: If I and two others are arrested and I ask for a disclosure is it not my right to have the entire disclosure

By entire I mean audio and visual from statements given by each person arrested with me that is mentioned in the disclosure.

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

You're entitled to basic disclosure and anything that may be exculpatory in nature. Including statements made by co-defendants. Your attorney needs to ask for everything.

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.... View 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 Family Law, Legal Malpractice and Contracts for Arizona on
Q: Hello, My question is, is it legal for a family member or anyone else to become an gaurdian without the person being

Without the person knowing? For some reason I couldn't finish my question.

Thank you

Mike Branum
Mike Branum
answered on Sep 21, 2021

In an emergency situation it would be possible to obtain a temporary guardianship without the person's knowledge. A permanent guardianship would not likely be granted without having the ward appear before the Court.

2 Answers | Asked in Legal Malpractice and Probate for Arizona on
Q: Can an attorney legally conceal the fact that his client has died?

Please tell me there could be consequences for an attorney and beneficiaries who knowingly conspired to conceal the fact from the executor and estate attorneys that one of a will’s beneficiaries has predeceased the decedent. The deception preceded the beginning of probate, continued for several... View More

Andre L. Pennington
Andre L. Pennington
answered on Nov 12, 2020

I do not believe that I totally understand what occurred. It sounds like their are some facts that have been left out of your question. Generally speaking a beneficiary does have to survive the decedent for a required period of time, and I am confused how an attorney would get a client during... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Arizona on
Q: Can a justice court judge deny the return of discovery items (DVD) from a defendant to view in his chambers?

During the hearing, I asked to show the DVD which would prove my innocence. The judge asked for my DVD after the DA said there was nothing worth watching on the DVD. The judge stated he would review the DVD in chambers and return it to me. I have since filed appropriate papers requesting the return... View More

Stewart Salwin
Stewart Salwin
answered on May 3, 2020

A lawyer would have to look into the specific facts of this situation to see what is going on. In general, if you give evidence to the court it may have become part of the record, which could explain why the court still has the DVD.

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Is it legal for my accident lawyer to disclose if my case settled?

I'm 25..not a minor by any means. My mother called my attourney and asked for details about my case, which they told her had been settled. I didnt want her to know..its completely destroyed our relationship.

Tyler Young
Tyler Young
answered on Apr 20, 2020

Sometimes yes, sometimes no. Often settlement agreements are "confidential" meaning there is language in your settlement agreement with the insurer and/or defendant that requires you and the lawyer not to disclose the terms of your settlement; except to a few types of people (bankers,... View More

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Hello , is it legal to commit perjury in a Arizona court case? The legal event was a hearing for fee arbitration .
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 19, 2020


it is a crime, punishable with prison

3 Answers | Asked in Legal Malpractice, Criminal Law and Constitutional Law for Arizona on
Q: Is there a perceived or actual conflict of interest resulting from a former prosecutor turned legal defender?

Recently a case was assigned to a public defender (former prosecutor) to defend a man whos father had been prosecuted successfully by the same attorney many years prior. The son's case is not of the same charges as his father's prior case, however, the attorney remains in the same... View More

Gary Kollin
Gary Kollin
answered on Oct 11, 2019

This is a wonderful academic question.

If your son feels the attorney is in conflict, then he should voice it to the judge.

If no action is taken, then he can send a request to the judge.

If an attorney here said there is nothing wrong, would you just drop the subject?

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1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Small Claims for Arizona on
Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?

Although, the woman stood there coughing and her voice gone, and having trouble breathing. The Walmart tech and staff refused to help her and insisted the lady was going to use the albuterol machine mouth piece for drugs (Walmart has the mouth piece for the machine on their website for sale, the... View More

Gary Kollin
Gary Kollin
answered on Feb 2, 2019

While not the best, the machine can be used with only the tube and not the mouthpiece.

1 Answer | Asked in Family Law and Legal Malpractice for Arizona on
Q: Does the prohibition on my spouse's ability to use a divorce lawyer because I've had an initial consultation expire?
Randi Sirlin
Randi Sirlin
answered on Apr 4, 2018

It does not expire. If you met with a particular attorney, that particular attorney should never meet with a person who has a grievance with you. The attorney has a fiduciary duty to you which will never expire.

If you have anymore questions, you should contact an experienced family law...
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1 Answer | Asked in DUI / DWI, Personal Injury, Civil Litigation and Legal Malpractice for Arizona on
Q: Victim of a drunk driver that damaged property exceeding $30,000 in repairs. Need a lawyer who can file civil suits.

The drunk driver was dismissed of all chargers. I am looking for a lawyer who can pursue a civil law suit and look into if there was any leniency towards the defendant. Victim feels as if there was not enough action taken for restitution and wants to sue the city of Yuma. Are there lawyers here in... View More

Priscilla Frisby
Priscilla Frisby
answered on Feb 23, 2018

First you need to search for other possible insurance policies on which to make claims, but if there are no other policies available, besides the one you have exhausted, then you need to do an asset search on the liable party to see if it will be worth the return on your investment to file a... View More

1 Answer | Asked in Personal Injury and Legal Malpractice for Arizona on
Q: Are there any attys here in Az willing to go after an atty in Fla? Tried there and couldn't get help even from Fla bar!

Quick and easy-settled a personal injury case for $335 k and only got $7k after all was said and done-mislead us and provided funding through a company in NY which we believe is illegal because of the high interest rate!

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

I assume that the funding letters and the attorney conveyed to you the interest. Problem is you were strapped and probably bugged the attorney for money, right? However, call a member or three of the Fla. Justice Assn as there may be some statute that limits the amount of the whole that a funding... View More

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Is it a malpractice if a lawyer done a case for a victim 10 yr. Then was my lawyer and I was accuse for someone case.

Never cross exam me, my witness, evidence time, pay sub, the where about. That she was 2hr away in another case but accused me when I was in jail for 90 day for 2nd extreme DUI that the victims never knew.

Adam Studnicki
Adam Studnicki
answered on Jul 19, 2015

This question is hard to follow. With all the pronouns, not sure who is who.

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