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Kentucky Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice, Employment Law and Criminal Law for Kentucky on
Q: Can an attorney help correct warrants for missed court dates due to scheduling issues in KY?

My boyfriend was arrested last summer with multiple charges, but now only reckless driving remains. His attorney has been managing all court appearances on his behalf. However, due to rescheduling and the attorney claiming to be busy with other clients, my boyfriend has now two warrants for his... View More

Timothy Denison
Timothy Denison
answered on May 20, 2025

Yes. It should be an easy resolution.

2 Answers | Asked in Probate, Tax Law and Legal Malpractice for Kentucky on
Q: Unaware of $39k inheritance tax as estate executrix. Next steps?

I was the executrix of my uncle's estate and hired an attorney to assist with the process. However, the attorney never informed me about the inheritance tax amount or deadlines. Now, months later, I've discovered that I owe $39,000. What steps should I take to address this situation with... View More

Timothy Denison
Timothy Denison
answered on Apr 2, 2025

Have your accountant go over that inheritance tax. He may be able to reduce or limit your liability.

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Kentucky on
Q: Opposing counsel signed for my attorney without proof: How to address?

I am concerned about a situation where opposing counsel drafted, notarized a final order and signed it for my attorney without apparent proof of permission or communication with my attorney. The judge signed this order within an hour of filing. Although there was a supposed verbal agreement, there... View More

Timothy Denison
Timothy Denison
answered on Mar 5, 2025

Find out whether your lawyer gave permission. If he or she did, no issue. If he or she did not, then file a motion with the Court and make them aware the order was signed without permission.

1 Answer | Asked in Criminal Law, Employment Law and Legal Malpractice for Kentucky on
Q: Facing jail after failing rehab terms, is dismissal possible?

I was pulled over for not using a turn signal, and they brought a K9 to the stop. They found an empty bag and a broken pipe and claimed there was one-tenth of meth. I was arrested, paid to get out, and signed a deal for rehab and three years probation with drug tests. I spent 15 days in the rehab... View More

Timothy Denison
Timothy Denison
answered on Mar 2, 2025

No. It should’ve not been thrown out bc you failed to complete. Most likely you will get ad neither chance and not go to jail.

1 Answer | Asked in Civil Rights, Family Law, Legal Malpractice and Child Support for Kentucky on
Q: How can I address CPS's breaches and misrepresentations in court?

I am in Kenton County, KY, dealing with a situation involving CPS and Judge Beck. CPS has breached confidentiality by discussing private information in court without my consent, despite the courtrooms being full of people. I have proof of their inaccuracies and have filed two complaints but... View More

Timothy Denison
Timothy Denison
answered on Feb 27, 2025

By filing a civil rights action against them in federal court.

2 Answers | Asked in Probate, Legal Malpractice and Military Law for Kentucky on
Q: Is it ethical for my probate lawyer in Kentucky to request my father's lawnmower for a third party, and how can I manage property from overseas?

My father passed away in Kentucky in December 2024 without a will, and as the only child, I started the probate process with a lawyer in the county where he lived. My lawyer emailed me, asking if his high school friend's autistic brother could have my father's lawnmower, claiming that my... View More

Timothy Denison
Timothy Denison
answered on Feb 23, 2025

It is not unethical for him to make such a request, although once you communicated that you did not authorize this, that should resolve the matter. Only if he did something against your wishes might you then be moving toward possible conduct.

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Kentucky on
Q: Oppose Atty Withdraw falsely alleging outstanding fees & alleging irreconcil diff w/o risk to atty-client privilege?

Hired atty who did not represent me in lower court, made mistakes in Notice of Appeal and then billed me to correct her errors, I paid, but in dispute. I also informed her that she needed to start responding timely to my communications and suggested 2-3 days if even to inform me when we could talk;... View More

Timothy Denison
Timothy Denison
answered on Feb 18, 2025

You probably will need to hire a new attorney to review the case and see if you have a legal malpractice claim against your former attorney.

1 Answer | Asked in Probate, Legal Malpractice and Libel & Slander for Kentucky on
Q: is my probate attorney is trying to rip me off...

the case is closed but he still holding my money because he has ficticious asets and mishandling of funds happened and i wont sign the release he has drawn up for himself ...i had the administrator rights but he managed to lose them once i hired him. theres alot of money at stake and a lot has been... View More

Timothy Denison
Timothy Denison
answered on Dec 6, 2024

You need to have a local competent probate attorney look at your situation snd advise you. It is impossible to determine e what is actually going on from the narrative provided.

1 Answer | Asked in Libel & Slander, Personal Injury, Legal Malpractice and Trademark for Kentucky on
Q: The jail officers signed my name (forgery) to documents while in jail. I want to file a lawsuit for compensation etc.

Boone County Jail

James L. Arrasmith
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answered on Sep 14, 2024

If you believe jail officers forged your signature on documents while you were in jail, you may have grounds to file a lawsuit for compensation. Forgery is a serious offense, and if it has caused you harm or violated your rights, you should consider taking legal action. It's important to... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Legal Malpractice for Kentucky on
Q: What are the amendments for Kentucky law, Ky. Rev. Stat. § 2.110? What employees are forced to work?

Are there any type of worker that this law does not apply to? Can any specific business ignore this law?

James L. Arrasmith
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answered on Aug 31, 2024

Kentucky law, Ky. Rev. Stat. § 2.110, is related to Labor Day observance. According to this statute, Labor Day is recognized as a public holiday, and it prohibits any form of work on that day for employees unless it is essential to public necessity or welfare. Essentially, this means that most... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Kentucky on
Q: my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign. What should he do

my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign (told him they wpuld drop the PFO1 if he took 10 years at 20 percent, which was not the case. It was 10 years without possible probation/parole and charges were also enhanced by the PF01, which was also not... View More

Robert Z. Cashman
Robert Z. Cashman
answered on Jul 18, 2024

This seems like a serious question, and I recommend speaking to an attorney licensed to practice in Kentucky ASAP (Legal aid could probably work as well). The reason for this is even though you asked about malpractice, there could be steps your boyfriend could take to withdraw his guilty plea... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

1 Answer | Asked in Legal Malpractice for Kentucky on
Q: lawyer wrote will for grandparent and made major mistakes which cost me my whole inheritence can they be sued

My grandfather passed away and had a last will and testament made. I was in this will and was to get land and money to build a home. but because of the major mess ups that the attorney made on the will that had many errors even the probate attorney themselves could see I was not able to get what... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 26, 2024

More facts are needed to determine if the attorney breached the standard of care and if the causation requirement is met. The initial question is what are “major mess ups that the attorney made on the will that had many errors.”

2 Answers | Asked in Estate Planning and Legal Malpractice for Kentucky on
Q: Can attorney executor that prepared and witnessed a will claim privilege when a beneficiary questions his due diligence?

The executor is an attorney who also prepared and witnessed her will. It states "to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple." where I have lived and made mortgage payments for 20 years. He nullified this... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

If a lawsuit was filed and the attorney was deposed or was to testify, it is not likely that the privilege objection would be upheld.

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2 Answers | Asked in Estate Planning, Real Estate Law and Legal Malpractice for Kentucky on
Q: Should an attorney preparing a will inform client survivorship clause in deed will nullify last wishes to give property?

My mother’s will states to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple. In spite of this, and instead of following her last wishes to add me as part owner, The executor, an attorney, told me that because he prepared... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2024

While this would be best answered by an Estate Planning Attorney in the State where this occurred, it does appear to be malpractice.

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1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Kentucky on
Q: Can an attorney make a deal with the opposing attorney not to present a key piece of evidence in court?

My ex withheld disclosure of real estate even though my original attorney had sent interrogatories to him. He did not answer them and my attorney took me to mediation without pressing for full disclosure. I was unaware that full disclosure had not been given. When I discovered the error and... View More

Timothy Denison
Timothy Denison
answered on Aug 8, 2023

No. What you describe above sounds like malpractice.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Kentucky on
Q: Preliminary hearing court appointed attorney not there. Not allowed to discuss case with the fill in attorney. Illegal?

The court appointed attorney for defendant was not present during the felony preliminary hearing. Due to death of mother apparently. Another attorney was sent from same district. Defendant was not allowed to speak with attorney who was present prior to or after proceedings. Original court appointed... View More

Timothy Denison
Timothy Denison
answered on Jun 18, 2023

It is not illegal although it may be ineffective assistance of counsel. Ask your attorney to meet, get all the details and then make a motion to have another preliminary/probable cause hearing before the grand jury indicts.

3 Answers | Asked in Legal Malpractice, Personal Injury and Civil Litigation for Kentucky on
Q: Is it legal to put my assets in my girlfriends name if I anticipate being sued in the future?

This would include my biweekly paychecks, current bank account, car insurance, and vehicle. I have not been sued yet, but anticipate it happening in the next 3 years. Would it be legal for me to transfer all these assets, to get them out of my name, prior to any lawsuit being filed?

Brent Cox
Brent Cox
answered on Jun 2, 2023

This sounds like fraudulent conveyances. I believe you can be sued for doing this with the knowledge that you are likely to be sued. I would consult an attorney who can analyze all the facts of your particular situation.

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Kentucky on
Q: In Kentucky, is there a law suit for failure to indict, when after 60 days, you're not indicted & left sitting in jail??
Timothy Denison
Timothy Denison
answered on Nov 1, 2022

No. On the 61st day, your lawyer should be moving for your release from custody.

1 Answer | Asked in Contracts, Personal Injury, Constitutional Law and Legal Malpractice for Kentucky on
Q: Can I sue a lawyer for unprofessional conduct hand write contract I can't read an failing to sign into my case

Can I sue this local lawyer for unprofessional conduct he provided a note pad paper scribble on it call it a contract took 1400 dollars for my injury case promised he move it did not an did not even announce are sign into my case showing he was my lawyer at all an I the client had to catch the... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2021

You need to have an independent attorney review your case and determine how to proceed. Whether you can sue the first lawyer will depend largely on whether you have actual damages from his handling of your case.

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