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Legal Malpractice Questions & Answers
1 Answer | Asked in Civil Litigation, Legal Malpractice and Small Claims for California on
Q: California civil what are the standard and rule for a lawyer formally appearing before court on behalf of some1?

My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More

James L. Arrasmith
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answered on Jul 26, 2024

In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More

1 Answer | Asked in Education Law, Family Law and Legal Malpractice for Texas on
Q: It is legal to withdraw a child from school to make them an adult, kick them out, let them back in, kick back out at 18?

Hi, my name is Jack, my parents have been abusing the law to control me and make my life miserable. My parents withdrew me from highschool at 17 without my knowledge of what that meant regarding being an adult in Texas. They used this to then kick me out at 17 and turn my phone off making me sleep... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2024

Unless you are disabled, when you turn 18 years of age in Texas you are considered an adult for legal purposes. Your parents no longer have an obligation to provide shelter by virtue of the parent-child relationship and can give you thirty days' written notice to vacate their home, which will... View More

Q: When Fraud on the court is unquestionable, who & what is brought up on a motion to void judgement in a higher court?

Basically the judge & hand picked GAL share an unquestionable financial conflict of interest.

Law enforcement investigators (8) released a compact to the Judge and the judge even confirmed the fraud, however this also included the guilt of his business partners bias & fabricated... View More

1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Family member signed sales contract in NY for residential property 2 years ago and is deceased. This is in litigation!

Relative is now deceased and the Buyer added a rider to sell co-op. Estate has property. The contract has no end date. Estate being sued for specific performance. Buyer still has not sold co-op and has no sign of funding. Buyer is still negotiating sales price 2 yeas later. Can we file a motion to... View More

Jack Mevorach
Jack Mevorach
answered on Jul 24, 2024

Is the estate represented by counsel?

Jack

1 Answer | Asked in Legal Malpractice and Sexual Harassment for California on
Q: What steps can I take to prevent my case from surpassing the deadline?

I filed a lawsuit against my former attorney for professional negligence: misconduct and malpractice. He dismissed, withdrew, and continued my case without notifying me or obtaining my permission. He neglected to prepare for my hearing and trial, which ultimately resulted in my case being lost.... View More

James L. Arrasmith
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answered on Jul 24, 2024

Under California law, the statute of limitations for legal malpractice typically is one year from the date you discovered or should have discovered the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. In cases where the attorney's... View More

0 Answers | Asked in Consumer Law, Family Law, Civil Litigation and Legal Malpractice for Kentucky on
Q: Can I bring legal action against cps FOr placing my kids in a home that they're now removed from permanently

They were once removed from this same woman that was not legally even a foster parent in the first place and they gave them back to her 90 days later

1 Answer | Asked in Legal Malpractice for California on
Q: What kind of lawyer do I need to hire for an inmates rights lawsuit?

My best friend (currently incarcerated) needs an attorney due to Nevada County jail allowing another inmate to sexually abuse & rape him while being under county protection inmate rights

James L. Arrasmith
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answered on Jul 22, 2024

For your best friend who is currently incarcerated and needs legal assistance due to sexual abuse and rape in Nevada County jail, you should seek a civil rights attorney. This type of lawyer deals with violations of inmates' rights and can help address issues of abuse and neglect in the prison... View More

0 Answers | Asked in Legal Malpractice for Florida on
Q: Letter from Lawyer with vague threats

Question about attorney letter. Land owner behind me plans to build 265 houses. After alerting Fish & Wildlife there are Protected Gopher Tortoises there, I met F & W Officer & showed him GT burrows. He shut it down. I also showed officer chemical spills & took pix. Spills were... View More

0 Answers | Asked in Legal Malpractice on
Q: Is there any process for seeking legal remedies in case I have been denied continued enrollment on post completion OPT?

Is there a state/government agency I can report unlawful claims about termination of rights to pursue optional practical training by campus DSOs?

1 Answer | 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

James L. Arrasmith
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answered on Jul 20, 2024

You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More

0 Answers | Asked in Legal Malpractice and Personal Injury for New Mexico on
Q: Is a handwritten note on legal pad to accept x amount for settlement enforceable? No date or name of attorney...

It's a personal injury case. MIL was visiting from Colombia and we were all involved in a car accident. She decided to stick with original attorney even though he misled her about the help he could provide. He was constantly putting us on the backburner. Most of the time we would ask questions... View More

0 Answers | Asked in Personal Injury and Legal Malpractice for New Mexico on
Q: Is a handwritten note on legal pad to accept x amount for settlement enforceable? No date or name of attorney...

It's a personal injury case. MIL was visiting from Colombia and we were all involved in a car accident. She decided to stick with original attorney even though he misled her about the help he could provide. He was constantly putting us on the backburner. Most of the time we would ask questions... 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

Mr. Robert Z. Cashman
Mr. 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

3 Answers | Asked in Legal Malpractice for Michigan on
Q: Did this attorney commit an ethics violation or lie in court? Should I report them?

During a hearing to remove a Co-Trustee, the respondents Attorney stated they couldn't respond to a specific section of the Trust as they had never received a copy of the Trust. The hearing was adjourned for 2 months. In the next hearing it came out that the respondent had been paying this... View More

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

I am sorry that you are dealing with this issue. I will do my best to answer, but be aware this is not to be considered legal advice since I am not licensed to practice in your state.

In short, attorneys have a professional duty to provide competent representation to their clients. In...
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1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Do public defenders/court appointed attorneys have “permission” to act the same as a hired attorney?

I was once charged with a crime and hired a lawyer who advocated strongly and fiercely on my behalf. Dismantled my case and got it dismissed. Filed motions, held hearings, called witnesses, the whole 9 yards.

I know that’s what I paid for, but are court appointed attorneys/public... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

A court-appointed attorney or public defender can and should represent a defendant with the same zeal using the same legal procedures that a retained privately paid attorney uses.

0 Answers | Asked in Civil Rights and Legal Malpractice for Pennsylvania on
Q: a docket states defendant was not advised of right to apply for council or provided application. Is this important?

A docket states Defendant was not provide an application or Advised of their right To apply for counsel.

0 Answers | Asked in Employment Law, Family Law, Legal Malpractice and Libel & Slander for North Carolina on
Q: My Husband’s and My biracial marriage has been wrongfully annulled. His daughter is the problem. Legal help in NC pls?

I believe it is illegal for a power of attorney agent to use a poa against their Principal. I have the evidence to prove such has been done here in NC. I need Legal Help that believe biracial marriage is Legal and willing to help Me get Guilford County, NC Case 03CVD6867 Clark v Foust-Graham... View More

1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for California on
Q: Is it negligence if my court appointed counsel did not submit my documentation for 6 months in a time sensitive cps case

I gave my counsel 2 completion certificates and a years worth of negative drug tests 7 months. He did jot submit them to the court til 30 days ago. I reached out to him on many occasions requesting the documents but he never returned my calls. Now I go to court tomorrow and they ate wanting to... View More

James L. Arrasmith
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answered on Jul 17, 2024

This situation raises serious concerns about potential legal malpractice or ineffective assistance of counsel. Here's an analysis of your situation:

1. Duty of Care: Court-appointed counsel has a duty to provide competent representation, which includes timely submission of relevant...
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1 Answer | Asked in Legal Malpractice for Tennessee on
Q: There are four Law schools in the City of London. One of them is called the INNS OF COURT - These are certain private

Unincorporated associations, in the nature of collegiate houses, located in London, and invested with the exclusive privilege of calling men to the bar….. BlacK Law Dictionary, 5th Edition page 709. Since there are American Inns of Court, and there are chapters in every state in America,... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

No, being a member of an American Inns of Court chapter does not imply allegiance to a foreign power. The American Inns of Court is an organization that promotes legal education and professionalism within the United States. It is inspired by the English Inns of Court but operates independently... View More

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