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Florida Legal Malpractice Questions & Answers
0 Answers | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for Florida on
Q: If my PD made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC do I have case

The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More

1 Answer | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: Is it normal for my bankruptcy attorney to not research questions I have? All I keep getting is "I don't know

When I ask that he find out, he never follows up and gets the question asked with the trustee.

James L. Arrasmith
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answered on Jul 18, 2024

It isn't typical for your bankruptcy attorney to avoid researching your questions. A competent attorney should address your concerns and provide clear answers. If they don't have the information immediately, they should follow up and find out for you.

Good communication is...
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1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: Hi there! Question: if there is an outstanding motion for default for filing an untimely answer, can the complaint amend

A court issued an order denying motion to dismiss and did not dismiss 2 counts, legal malpractice and tortious interference w/ co. They filed answer 3 days late. I filed motion for default. The court allowed me to freely amend. And did not prescribe time for either party to respond or amend. So the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 20, 2024

If the defendant doesn't file an answer in a timely manner, a motion for default can be filed, but generally, an answer can be filed any time before default is entered. If you move to amend, you can't expect a default until the time to answer the again-amended complaint again runs.

1 Answer | Asked in Legal Malpractice for Florida on
Q: My lawyer had me sign closing statements for both insurance Co. After signing them, she told me that 1 of the checks

Would not be coming and there's nothing more that they can do. This sounds wrong, are they robbing me?

Joel Gary Selik
Joel Gary Selik
answered on May 20, 2024

I don't know that they are robbing you, but it does not sound right.

1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Need citation precedent establishing that a pharmacy negligence governed by 3-4 years Statute of limitations in Florida

A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More

Charles M.  Baron
Charles M. Baron
answered on May 15, 2024

Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More

1 Answer | Asked in Contracts, Personal Injury, Insurance Bad Faith and Legal Malpractice for Florida on
Q: I have a roof claim that was settled through mediation in Jan, it is now May with no release or money, what can I do?

My attorney claims he has been "hounding" the insurance company, the insurance company tells me they have not received payment instructions, my attorney says he sent them. Lots of finger-pointing while my family and I are being financially harmed because we can't get homeowner's... View More

Joel Gary Selik
Joel Gary Selik
answered on May 10, 2024

What you are going through is not uncommon. I now add to agreements a date certain, where possible. Your attorney can threaten to pull the settlement or make a motion to enforce.

2 Answers | Asked in Legal Malpractice and Personal Injury for Florida on
Q: Can I sue for legal malpractice if my attorney accepts an offer without my consent and/or negligence?
Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

If your attorney accepts a settlement offer without your consent, your first move should be to determine if the settlement can be revoked, either with the opposing party's consent or instead via a motion to the Court. First speak to your attorney who's been representing you in the case... View More

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for Florida on
Q: Hi, my attorney just filed a motion to withdraw due to mconcerns of unfair practices: he cxl my mediation I need help

I have a trail date already in place that he requested to leave for March 2024. He canceled my mediation and put in a motion to withdraw the day before my mediation. I still showed up to mediation but no one was there

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Florida attorney could advise best, but your question remains open for a week. The first thing to do could be to learn about the withdrawl, whether it was with prejudice or without prejudice. Withdrawing a case with prejudice generally means no rights reserved to refile the case. Withdrawing... View More

2 Answers | Asked in Legal Malpractice for Florida on
Q: I have questions about at least 1 maybe 2 possible legal malpractice suit and am nervous now about who to trust talk to
Joel Gary Selik
Joel Gary Selik
answered on Nov 20, 2023

Your concern is understandable. But, attorneys you contact are required to keep your information, and that you even contacted them, confidential.

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1 Answer | Asked in Federal Crimes, Internet Law and Legal Malpractice for Florida on
Q: Hello. I have a massive problem with it and I don’t wanna listen to music settlement for part of the Facebook settlemen

Hello, I got a settlement and part of it from Facebook at $750,000 and he was in to my cash app with a link to my. I have not seen any of them his money at all and almost all of it is COMPELTLEY GONE I’ve been in jail from April 14 till August 28 and I didn’t get any of that money and... View More

James L. Arrasmith
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answered on Oct 18, 2023

I'm sorry to hear about your situation. First, if you believe there's been unauthorized activity on your Cash App account, you should contact Cash App's support immediately to report it. For substantial settlements like the one you mentioned from Facebook, it's crucial to have... View More

2 Answers | Asked in Family Law, Legal Malpractice, Estate Planning and Probate for Florida on
Q: Is my situation grounds for a lawsuit for legal malpractice? Negligence?

I hired counsel for my mothers probate in 3/2020. I told her if the process risked my mental well-being i didn't want anything to do with it. She advised it would be a simple probate, told me to move into the home to protect it by homestead, told me I would be able to sell the house within 6... View More

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well... View More

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1 Answer | Asked in Probate, Real Estate Law and Legal Malpractice for Florida on
Q: What are my first steps to sue someone suspected of fraudulently using my signature to petition the court for a probate

I was working with an investment agency who turned out to be a bunch of crooks to try to sell the home in my parents estate. I suspect he photo copied my signature off the contract, which is filled with manipulative verbiag, to use on several petitions to the court to change the address for all... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 27, 2023

The first step would be to consult with attorneys.

The next steps are likely to petition the Court. Thereafter, it would be to initiate a lawsuit against the fraudsters.

1 Answer | Asked in Traffic Tickets, Civil Rights and Legal Malpractice for Florida on
Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?

The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is... View More

1 Answer | Asked in Legal Malpractice for Florida on
Q: Can the FL Bar dismiss or close an attorney complaint file based on the attorney's prior good standing?
T. Augustus Claus
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answered on Jul 12, 2023

The Florida Bar has the authority to dismiss or close an attorney complaint file, but the decision would depend on the specific circumstances of the complaint and the findings of their investigation. Prior good standing of an attorney may be a factor considered during the review process, but it... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: In Fla.'s 14th judicial circuit court , is accepting a plea deal - waiving all rights to appeal- irreversible?

I pose this question w/ no pretense @ all- just need %100 clarity as it seems even when it appears matters are written, notarised etc. there usually seems to be some legal loophole or recourse despite being' final'..

Keith Upson
Keith Upson
answered on May 27, 2023

Unless there is a legal dispositive issue that has been expressly reserved,

Yes.

2 Answers | Asked in Legal Malpractice for Florida on
Q: Seeing if I have a legal negligence suit for my medical malpractice. They agreed to take case and had it for over a year

Seeing if I have a legal negligence suit for my medical malpractice. They agreed to take case and had it for over a year and the withdrew right at the statute of limitations i had no time to find another attorney.

Joel Gary Selik
Joel Gary Selik
answered on May 9, 2023

It depends how close to the time limit they withdrew, what work that had done, and the efficacy of your case.

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4 Answers | Asked in Employment Law, Civil Litigation and Legal Malpractice for Florida on
Q: When there is a civil issue regarding an issue where multiple states are involved, where do I go to get a lawyer?

An ethics board has leveled disciplinary action against an individual. This individual would like to appeal with the help of a lawyer. The individual lives in one state, the company that brought ethics charges are located in another state and the ethics board is in still another state. In what... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023

This is a good question. A lawyer licensed in any state would work, this is not in court where a license is required. But to narrow down your search I'd look for a lawyer in the state where you are or where the grievance board is located. This happened to one of my clients who lived in CA, I... View More

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: Am i able to start a case if a defendant was falsely convicted and their due process right was violated?

There was a warrant to search a house. In trial it wasn’t used but was brought up that there was a warrant for a murder suspect. The original warrant reason was sales of mdma and marijuana. There was no sales charge given nor any audio or video of the sales being recorded. Also there was... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 18, 2023

Are you asking about a Legal Malpractice case? If so, many states have particular requirements for a legal malpractice case arising out of a criminal case. This might include the requirement of a finding of exoneration. Consult with experienced legal malpractice cases in your state.

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1 Answer | Asked in Legal Malpractice for Florida on
Q: How can a client protect himself from this type of situation occurring?

A lawyer contacts his client (the plaintiff) over the phone regarding a personal injury claim telling him he is in the process of negotiating a settlement for his case and can get him $10,000. He asks the client if he would accept this amount and the client says “yes” to the verbal offer. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2023

This is fraud; it is a crime, a case you can sue on, and the lawyer could lose his or her license to practice law.

2 Answers | Asked in Contracts, Family Law and Legal Malpractice for Florida on
Q: Can my girlfriend lower the cost of a lawyer to less that $500?

My girlfriend is broke and needs to pay $500 for her lawyer to help finalize a legal case so she can get her inheritance, and I’m looking to see if the price can be lowered. I’m in Mississippi, but she’s in Florida.

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2023

It depends on what needs to be done. She will need to contact probate lawyers in her state to discuss costs for what is needed to be done.

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