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Kentucky Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Do ethical rules allow a lawyer to represent client in the court with the judge for whom he personally worked like staff

My ex-husband Lawyer worked for our current judge like staff attorney. What do ethical rules say? Because when a lawyer works for a judge like stuff attorney they develop a personal relationship and in such a situation the judge cannot be impartial. And I have some doubts about the impartiality... View More

Timothy Denison
Timothy Denison
answered on Aug 26, 2020

There is not necessarily a direct conflict requiring the lawyer to withdraw or the judge to recuse. There may be the appearance of impropriety, but unless the lawyer gained knowledge about you or your case while working for the judge, neither will be required to withdraw.

1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Hello how do I get a second opinion on my legal cases? Or make sure my attorney is doing right by me ?

I have a medical malpractice case where the doctor already admitted he screwed up and I also have a civil rights, prosecutorial misconduct and stuff case. I am "known" locally and have not been treated well because my ex from 20 years ago has talked so horribly about me that every... View More

Timothy Denison
Timothy Denison
answered on May 8, 2020

Find an attorney you trust and take a copy of your case to him for his opinion.

1 Answer | Asked in Divorce, Estate Planning and Legal Malpractice for Kentucky on
Q: Ex wanting me to give up on legality of home (both names) and I refuse. Can I fight?

2007, lost his job for failing a drug test. Had a few temp jobs for a few days, decided I could carry it all. I worked 2 jobs, paid everything until I got scared and left in 2012. He applied for disability. Got 20 grand lump and lost his mind. Taking my things, being verbally and emotionally... View More

Timothy Denison
Timothy Denison
answered on Jan 6, 2020

Absolutely you can fight. If it was acquired during the marriage, it is half yours regardless of who’s name it is in.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Legal Malpractice for Kentucky on
Q: The attorney and court orders are full of provably false statements and done by the attorney to defraud me out of rights

they have filed fraudulent documents with lies and n devoid of all necessary documents to set support and have extorted me out of over 1,000 of my personal Social Security and Have madenumerous perjured statement to deny me my right

Timothy Denison
Timothy Denison
answered on Mar 10, 2019

You need to hire your own attorney immediately.

2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: My publoc defender made me pead guilty to DUI at my jurytrail because I showed up late said I'd do 90 days no bond

I have narcolepsy and it makes me drowsy when I drive I was having a attack when officer arrested me can I have case reheard?

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2018

I would think you will have a tough time getting that reheard but it will be up to the judge. I practice in front of judges who are good about putting everything on the record to make sure the plea of guilty is entered freely and voluntarily and without coercion but the decision will be up to the... View More

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1 Answer | Asked in Legal Malpractice and Criminal Law for Kentucky on
Q: If I found out a search warrant was never legally filed or returned with proof from the court, what should I do next?
Timothy Denison
Timothy Denison
answered on Apr 28, 2018

You should determine where it went and where it is now. You may possibly have a 1983 civil rights action for a warrantless search and seizure.

1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Can a attorney take a case for a client that's a witness against another client he's already representing?

if your attorney that's representing you for 10 months already take a case for a client that he knows is a witness against you in a criminal case refuse to take your case to trial because of conflict of interest with new client. Attorney tells you that you have to hire new attorney.

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

Sounds unusual. Check with a local ethics or malpractice lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Can my attorney take a case for a client that is a witness against me in a criminal case?

My attorney took a case for a client that he knew was a witness against me in a criminal case. I was the client first and have paid attorney fees for my case and now my attorney tells me he can't try my case cause he can't put his new client on trial cause he's now a client and told... View More

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

Sounds unusual. Check with a local ethics lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a...
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1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Can a Kentucky lawyer file a malpractice suit against an Ohio Dr, patient lives in Kentucky
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

As a general rule, suit needs to be filed in the state where the events took place or where the defendant lives and if your attorney is not licensed in that state your attorney will need to associate local counsel.

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