Get free answers to your Legal Malpractice legal questions from lawyers in your area.
Your current state is Ohio
I am in the middle of a custody battle and feel that I did not get a fair trial.
I am having issues with my probate lawyer and his wife, who is a realtor. Despite not being hired by me, she contacted my real estate agent about the status of the home sale and later participated in a conference call with my lawyer to pressure me into accepting the first offer on the property.... View More 
I'm dealing with delays in closing two probate cases for my parents' estates, with my probate lawyer failing to file the final inventory as scheduled. My father's estate includes investment, savings, and checking accounts, while my mother's estate involves a house currently in... View More
I am considering raising an appeal in a personal injury case where my minor child was assaulted in a restroom. The incident occurred in 2022, and in February 2025, the defendant was granted a motion for summary judgment because the judge believed the facts were largely undisputed. During the case,... View More
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answered on Mar 9, 2025
Yes, you may have valid grounds for appealing your case if your attorney failed to adequately dispute critical contradictory evidence. Appeals often focus on whether significant legal or procedural errors affected the outcome, and neglecting to challenge important conflicting evidence can be... View More
I had an attorney who provided services for me in San Francisco federal court under Pro Hac Vice. His law firm, based in NYC, requested and received a $150,000 trial retainer, but the trial never took place. Now, they're suing me for approximately $100,000 more in the New York City Supreme... View More
answered on Mar 9, 2025
My understanding is that they cannot skip arbitration. It's mandatory. After arbitration, any party can file in court. You may be able to have the lawsuit dismissed without prejudice and force arbitration.
Jack
While preparing for my first hearing regarding a domestic violence restraining order allegation, my attorney unexpectedly quit, submitting a Substitution of Attorney request to the court without my knowledge or agreement, 10 days before the hearing. The judge granted this request, relieving my... View More
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answered on Mar 9, 2025
Courts typically grant substitution of attorney requests without requiring direct input or approval from the client, especially if the attorney claims a breakdown in the relationship. However, attorneys usually must notify clients in advance, giving them reasonable time to find new representation.... View More
I am being asked by my lawyer to sign a statement saying that I have read and approved the final trust documents, but I haven't seen the final version yet. I have received drafts where I've requested edits, but my lawyer has not explained why I need to sign before seeing the final... View More
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answered on Mar 9, 2025
Your concerns here are completely valid. Trust documents are crucial because they determine how your assets are managed, and you must fully understand and agree with the final terms before signing. Asking you to sign a statement affirming you've read and approved documents you haven't... View More
I retained a lawyer on February 26, 2024, regarding the cancellation of a contract deed. After some filings with the opposing lawyer and courthouse, the lawyer accepted a promotion to become the Branch County Prosecutor on April 17, 2024. There was no specification in the contract about this... View More
I would like assistance pursuing a legal malpractice claim against my former attorney, Trey Lavespere, and his assistant, Brandye Toombs. They handled a Suit Affecting the Parent-Child Relationship (SAPCR) regarding my grandson, Kentrell Rogelio Martinez, which resulted in my dismissal due to lack... View More
answered on Mar 10, 2025
You need to locate an attorney who practices in the area of legal malpractice in or near the county where the lawsuit was pending. Ideally, such an attorney should also have experience in family law given the nature of the underlying litigation.
You need to gather together a complete... View More
What are my options if my former attorney, Trey Lavespere, and his assistant, Brandye Toombs, failed to provide adequate representation in a Suit Affecting the Parent-Child Relationship (SAPCR) involving my child, Kentrell? The Motion for Withdrawal of Counsel included misleading statements, filed... View More
answered on Mar 10, 2025
When an attorney withdraws, "ineffective communication" is often used as the reason instead of the "real reason" particularly when the "real reason" may be prejudicial to the client. Generally, attorneys should avoid prejudicing their client when they withdraw from a... View More
I wish to appeal the court's decision to dismiss me for lack of standing under the Texas Family Code, as granted in Ursula Gonzales' Motion to Dismiss. The court's decision was based on the evidence and testimony presented during the hearing, documented in the "Associate... View More
answered on Mar 10, 2025
A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More
I sued my contractor for poor work and was awarded a small sum, including court costs and attorneys fees. However, my attorney kept the entire sum awarded for court costs, even the portion I had already paid. Is this practice legal?
I'm seeking advice on whether I can sue a judge and a prosecuting DA who had a sexual relationship during my husband's trial, which led to his conviction. My husband's attorney learned about the affair once it became public, and it wasn't disclosed during the trial. Although the... View More
My adult daughter, who had no prior criminal record, was charged with reckless driving and evading police, classified as Class A misdemeanors in Texas, with no injuries to any party or property. The prosecutor added a 'deadly weapon charge,' escalating it to a felony and 3G offense, thus... View More
If a person on trial for murder in New York City is discovered by his lawyer to be a vigilante, and this information is not related to the defense strategy nor known to anyone else, does the lawyer have an obligation to disclose this information to the judge and prosecution, especially if the... View More
I recently filed for Chapter 13 bankruptcy, thinking it would remain private. However, I discovered that the law firm handling my case sent official letters to the mothers of my children, informing them about my bankruptcy filing. These letters included details such as accounts and payment... View More
answered on Mar 7, 2025
No. The filing of a bankruptcy is public record and thus does not constitute a breach of attorney client privilege.
I am concerned that my legal malpractice lawyer may have dementia as he's been forgetting important details of my case, mixing up witnesses, and using poor judgment. I've brought up these issues, and he acknowledged mixing up witnesses, but did not respond to my suggestion of getting... View More
answered on Mar 6, 2025
If you have concerns, a two step process can be initiated. 1. You can discuss your concerns with your attorney. 2. You can consult with other attorneys about the case (consult with other attorneys before you fire your attorney as you want to make sure you can get another attorney).
My boyfriend was arrested and charged with Unauthorized Control of a Propelled Vehicle (UCPV) in the first degree and promoting a dangerous drug in the first degree. He has legal representation, but I'm concerned about the lawyer's efforts. His history includes similar charges, but... View More
I am concerned about the actions of the lawyer appointed by an Ohio court to administer my deceased son’s estate, as my son left no will. He passed away in November 2022, and since early 2023, I informed the lawyer about my son's 401k accounts at Fidelity. Despite this, he has continually... View More
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answered on Mar 5, 2025
You file a motion to remove the personal representative for cause listing your grounds. But be prepared to have someone else ready to take his place, such as yourself represented by a good NC attorney. Be aware alot of those accounts are not Estate assets, but the fiduciary should have... View More
I live in Wisconsin and have been dealing with a felony child abuse charge for almost five years. Initially, I paid $3,500 for private legal representation, but the case stalled, and my attorney quit after two and a half years. Since then, I have been assigned a public defender who struggles to... View More
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