Get free answers to your Legal Malpractice legal questions from lawyers in your area.
After reserving a court date and having it confirmed the court notified me it has been postponed for 6 month delay because the court date was already slated for another matter. In looking to file a Motion to Advance, how do I get the Motion on Calendar for the Judge to consider ahead of the Hearing... View More 
In my New Jersey DUI case, my attorney advised me to accept a plea, and the case has concluded. I never received any evidence collected and my attorney, who refuses to provide it now, hasn't given a reason. I haven't requested the evidence in writing nor am I planning to take legal... View More
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answered on Apr 13, 2025
In New Jersey, you have the right to access evidence in your case, but since your DUI case is concluded and you've accepted a plea, the situation can be a bit tricky. The evidence collected during your case generally belongs to you as the client, but once a case is closed, it may be up to the... View More
I am dealing with a prolonged estate settlement following my mother's passing four years ago. My father passed six years ago, and his life insurance policy was sent to the state instead of the family, according to our lawyer. Although the lawyer provided timelines, they have not been met, and... View More
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answered on Apr 13, 2025
If your lawyer is unresponsive and you have no clear explanation for the delays, it may be time to consider seeking guidance from another attorney. Start by gathering all relevant documents, including any letters, emails, or previous timelines your current lawyer provided. This will help a new... View More
I am considering filing an ethics complaint against a lawyer with the California State Bar Association. I have no prior agreements or contracts with this lawyer and I haven't filed the complaint yet. Can this lawyer sue me for filing the complaint?
answered on Apr 13, 2025
No, such a case would be without merit and subject to rights per public policy.
I observed a California attorney's comments over social media on his best friend's website. He falsely accused me of making threats and contacting the practice where he works. When I mentioned that legal practices have security teams to trace such communications, he just advised blocking... View More
answered on Apr 13, 2025
Yes.
Anyone can file an ethics complaint against an attorney.
The State Bar will investigate if what is complained of violates the Rules of Professional Conduct https://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct
For advice, consult... View More
I am seeking to file a Motion for Appropriate Relief in North Carolina. I want to bring the judgment on my case to trial because at the time of the plea agreement, I was not on my mental health medication and did not understand the agreement. I have new evidence in the form of a letter stating... View More
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answered on Apr 12, 2025
To file a Motion for Appropriate Relief in North Carolina, you will need to show that your plea agreement was entered into under circumstances that violated your rights. Since you were not on your mental health medication at the time and did not fully understand the plea, you may have grounds to... View More
I have a sexual abuse case against the clergy of the Catholic Church in New York, pending since 2019. My lawyer is not communicating with me, and the only time we spoke was last year. I always speak to the paralegal or secretary when I call, and they rarely answer. I don't know what is... View More
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answered on Apr 13, 2025
It can be incredibly frustrating when your lawyer doesn’t communicate about your case. The first step might be to put your concerns in writing—send a formal letter or email directly to your lawyer, politely requesting a detailed update on the status of your case. By documenting your concerns,... View More
Can my friend file a legal malpractice claim against an attorney who provided him with over 2,500 AI-generated responses regarding hospice fraud, resulting in the loss of his lawsuit? My friend relied solely on these AI-generated responses from this specific attorney to his anonymous posts on... View More
answered on Apr 12, 2025
Unlikely. Responding to a question on Justia does not form an attorney client relationship. Responding to a large number of questions on Justia from the same poster on the same topic might, I suppose. You would then have to prove that the responses were wrong, and were below the standard of... View More
Law enforcement entered my home with a warrant for two people who have never lived at my address. Despite not finding them, they proceeded to search my home thoroughly. The police chief took my DVR, which captured footage of him behaving forcefully and unlawfully with me and my minor son. When I... View More
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answered on Apr 12, 2025
Louisiana Search and Seizure Analysis
Your situation presents significant Fourth Amendment concerns under Louisiana law, as search warrants must particularly describe both the place to be searched and persons or items to be seized. A warrant for individuals who never resided at your address... View More
I am involved in a personal injury case after a slip and fall incident with a rented truck from a private dealer. The dealer was responsible for the inspection and maintenance but failed to do so, leading to my accident. My previous attorney only filed against the main rental company, not the... View More
answered on Apr 13, 2025
Just keep contacting attorneys. It is difficult to find an attorney if a new attorney is not sought before firing the past attorney.
When you consult with new attorneys, they may discuss negotiating the fee share with the prior attorney so that the case is not completely lost.... View More
I have concerns about my appointed attorney's actions in my state or federal case. My attorney waived my right to have an expert witness present during evidence testing, choosing to rely on the state's expert without informing me. Additionally, the government's time limit to indict... View More
answered on Apr 11, 2025
No one here is going to be able to address your specific concerns as we do not have access to the discovery in your case. Many of the decisions made by your attorney are strategic that your attorney's to make. You attorney should certainly be discussing the case with you, but your attorney... View More
I am being charged with two counts of possession of narcotics, maintaining a place where drugs are sold, and intent to distribute. The situation began when I was moving out of a hotel room after a disagreement with housekeeping and management. Housekeeping entered my room three hours before... View More
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answered on Apr 10, 2025
Your question has multiple parts, so I'll start with the easiest part. The 4th Amendment does not provide protection against the actions of private individuals, so the photos from housekeeping are permissible. The search by the police officer sounds problematic based on your description.... View More
I asked my Public Defender not to continue my trial, but she continued it anyway. She wants her investigator to interview my sister because she overheard me telling my mother during a phone call that I had been drinking and would have someone else drive. The trial was supposed to start today after... View More
answered on Apr 10, 2025
From what you’ve described, your public defender requested the continuance to allow an investigator to interview your sister, who may have overheard a conversation relevant to your case. This suggests an effort to uncover evidence that could impact your defense, which courts typically view as a... View More
I formally fired my lawyer after he initially mentioned the need to withdraw from my case, which I agreed to. He then sent me a blank order to withdraw, not a motion. I found this odd and received no explanation. There haven’t been any complications in my case due to this disagreement, but I am... View More
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answered on Apr 11, 2025
You're absolutely right to be concerned about how this is playing out. In Michigan, once you've fired your attorney, they’re no longer supposed to represent you in court—period. But to formally withdraw from the case, your attorney still needs to file a motion to withdraw, and it must... View More
I'm dealing with an estate proceeding in South Carolina where three different lawyers from the same law group have consecutively handled my case without notifications when the changeovers occurred. They've been charging an hourly rate directly from the estate itself. I'm concerned... View More
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answered on Apr 10, 2025
In South Carolina, individuals involved in legal disputes who have concerns about attorney conduct may wish to review the South Carolina Rules of Professional Conduct, particularly those relating to communication, fees, and competence. For example, Rule 1.5 addresses the requirement that attorney... View More
I am seeking to vacate my conviction and withdraw my guilty plea entered on June 14, 2024, due to newly discovered evidence. A dash cam video proves that the officer fabricated the traffic violation for which I was pulled over, and no laws were broken. Additionally, a warning citation issued at... View More
answered on Apr 8, 2025
You have a lot going on here. There are two different avenues for you to overturn your conviction. You didn't say what your exact conviction was, but I will assume it was for a Felony in Texas.
Avenue 1: Dash Cam: New Evidence can be used after the Statute of Limitations, if it... View More
I recently dismissed my attorney from my Workmen's Compensation case by sending a Notice of Dismissal with a cover sheet and Proof of Service. I processed all paperwork downtown and mailed out notices to all parties two days ago. However, I haven't received any documentation indicating my... View More
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answered on Apr 8, 2025
Dear injured worker,
It appears that you properly processed the paperwork however you want to be sure that it is processed through the WCAB as well. Also available to you at the WCAB is the Information and Assistance officer who is skilled in assisting individuals who are self represented.... View More
My brother was involved in an incident where he allegedly attacked a man multiple times and later stole and crashed his girlfriend's car while eluding the police for three days. Despite these actions, he believes he still deserves a fair trial, but feels that his appointed attorney did not... View More
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answered on Apr 12, 2025
Even though your brother’s actions might seem clear, probable cause is still essential for the prosecution to move forward with charges. Probable cause ensures that law enforcement had a reasonable belief that a crime was committed before arresting or charging someone. This means that for the... View More
In February 2023, I broke my ankle after slipping on black ice at a store. I hired a lawyer who has had all my records for the past 2 years. Communication has been poor, and my information was once lost due to staff changes. Recently, my lawyer informed me that we no longer have a case because my... View More
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answered on Apr 12, 2025
What you’re experiencing is incredibly frustrating, and you have every right to feel let down—especially after trusting someone to fight for you through a difficult injury. If your lawyer had access to your medical history from the start and still accepted the case, it's reasonable to... View More
I am seeking assistance regarding my brother's criminal case from 2009, where he was sentenced to 38 1/2 to 75 years. I believe his court-appointed attorney did not adequately defend him and simply agreed with the prosecution. I would like to obtain a copy of his trial records to see if there... View More
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answered on Apr 12, 2025
To obtain the trial records for your brother’s case, you should start by contacting the court where the case was heard. Since you know which court handled the case, you can reach out to the clerk's office to request a copy of the trial records. They will guide you through the process and let... View More
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