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Legal Malpractice Questions & Answers
0 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Minnesota on
Q: what type of lawyer do i need to let a doctor know he screwed up big time.

yes i have had two surgeries and now i am needing a third surgery and if i would have not gotten a second opinion i would have most likely needed a fourth surgery. i had a back fusion and it was redone a second time already i was told then by the surgeon he put a part in me that would not move well... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: When in arbitration j.a.m.s is there two reference numbers? Does each offer or counter offer have its document?

why would a demand need amending?

When trying to settle during arbitration are numbers verbally communicated rather than on documents?

James L. Arrasmith
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answered on Apr 24, 2024

In arbitration with JAMS (Judicial Arbitration and Mediation Services), there are typically not two reference numbers. Usually, a single case number is assigned to the arbitration proceeding, which remains consistent throughout the process.

Each offer or counteroffer does not necessarily...
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0 Answers | Asked in Legal Malpractice for Georgia on
Q: If you are being pulled over for a moving violation does the officer have to put the lights on immediately

I have no criminal record and I pulled into the gas station to get something to drink and the officer pulled behind me stopped then turned on his lights is this a lawful traffic stop for a moving violation

Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

James L. Arrasmith
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answered on Apr 20, 2024

You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More

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0 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Florida on
Q: WHAT PLEAD IS APPLICABLE WHEN WRONGFULLY USHERED THROUGH LITIGATION DISPITE PROVING POL/PRO MISCONDUCT & VODP

AFTER HAVEING PD AND PRIVATE ATTORNEY DAMAGE MY CASE AND LIE TO ME I WENT PRO SE AND STUDY NIGHT AND DAY TO LEARN HOW TO FIGHT A FALSE CLAIM ILLEGAL ARREST MY RIGHTS TRAMPLED DEFAMATION OF THE WORST KIND DUE TO A CRIMINAL CASE IM BEING PROSECUTED IN, IVE BROUGHT ENOUGH EVIDENCE FOR THE OFFICER TO... View More

1 Answer | Asked in Personal Injury, Domestic Violence and Legal Malpractice for California on
Q: I'm pro per, his lawyer was upset with me, trying to get me alone, chased me through the courthouse, scaring me. Legal?

I'm disabled, have PTSD and panic disorder. This stems from his client!

During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More

James L. Arrasmith
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answered on Apr 19, 2024

Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More

0 Answers | Asked in Criminal Law and Legal Malpractice for Mississippi on
Q: My attorney told me not to enter the court room for my court date. He told me to wait for him under a bridge. When he

Showed up he explained the police station had “cooked up charges” against me and I should get out of town. Now the police are searching for me and I don’t know what to do. I’m afraid my attorney has given me terrible counsel!

0 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Should i file for habeas corpus?

Me and my husband got into an altercation in which I slapped his face and he called the police. I had left and had no idea he even called them, so i wasnt there when they showed up and never was questioned or talked to by the police department, although warrants were issued that day and eventually... View More

0 Answers | Asked in Insurance Defense and Legal Malpractice for North Carolina on
Q: We purchased a home cash the closing attorney missed a lien. Title insurance denied claim

Cost was close to 70k out of pocket. We don't know how to recover our losses. 36k was cash the other was lost in home sale. Title insurance took 1.5yrs to complete the issue, which we had to hire outside them to get completed as the were incompetent.

1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: Controls. Process serving.

American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.

Thus, there should have been controls established to make sure that service of process,

meant to ensure delivery,

is not used as weapon against in... View More

James L. Arrasmith
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answered on Apr 15, 2024

Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More

1 Answer | Asked in Civil Rights, Juvenile Law, Legal Malpractice and Medical Malpractice for California on
Q: Can a county attorney prosecute a dependency case in which their spouse, a physician is directly involved in?

The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More

James L. Arrasmith
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answered on Apr 14, 2024

In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.

1. Conflict of interest: An attorney has a...
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1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Can a settlement agreement be considered final if 2 co-plaintiffs are on case and only 1 is present?

If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More

James L. Arrasmith
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answered on Apr 13, 2024

Under California law, a settlement agreement typically requires the consent and signature of all named plaintiffs in a case. If there are two co-plaintiffs, both parties should be aware of and agree to the terms of the settlement for it to be considered final and binding.

In the situation...
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0 Answers | Asked in Business Formation, Business Law and Legal Malpractice on
Q: mixed signals from a lawyer i'm working with?

I am trying to apply to be a part of a program helping entrepreneurs to establish an innovative business in another country. I went ahead and sent my application, and started incorporating a new company. The incorporation was handled by a lawyer, lets call him Bob. The problem is my business... View More

0 Answers | Asked in Legal Malpractice and DUI / DWI for Arizona on
Q: Is it legal for a judge that ruled over a now closed case of mine in the past to represent me in a new case?

I was recently appointed my public defender for a DUI case, and I recognized the name as the judge who ruled over a DV case that is now dismissed and after research I have confirmed its definitely the same guy. is there any reason that would be considered illegal? I don't really see why it... View More

0 Answers | Asked in Divorce, Family Law, Child Custody and Legal Malpractice for Indiana on
Q: Can my ex be represented by (and married to) my significant other’s ex in our custody case ethically, legally & morally?

My S/O and I were alerted that our ex spouses became involved with each other. My S/O’s ex is a lawyer and is representing my ex in our custody case. Essentially we “swapped spouses.” Children are involved on both sides. Most of the time it feels like a personal battle between myself and the... View More

1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: Refund after withdrawal of Attorney on Semi-contingency fee basis

I've engaged a lawyer on a semi-contingency fee basis, whereby I pay the first $100k, and then he gets 27% of the potential award. After one year, during which he lost an appeal and billed me $99k, he filed a motion to withdraw. Can I demand a refund of the money I paid him?

James L. Arrasmith
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answered on Apr 10, 2024

In California, an attorney who withdraws from a case is generally entitled to keep the fees they have earned up until the point of withdrawal, as long as the withdrawal is done for a valid reason and in compliance with ethical rules. However, the specifics of your situation may warrant further... View More

2 Answers | Asked in Arbitration / Mediation Law, Family Law, Legal Malpractice and Civil Litigation for Texas on
Q: I need a lawyer to represent me suing my family attroney for malpractice

My family lawyer abandoned me right before the hearing I filed a complaint with Texas Bar he is under investigation I also sued him in Distract court as pro se need a lawyer to take over the case and represent me. I have a strong case and also have a witness who witnessed my lawyer abandoned me and... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

You need to look for a competent attorney in or near the county where the hearing was held experienced in the area of legal malpractice. I often handle cases of this nature. My rate of $500 per hour is reasonable and customary in the North Texas area, and if the amount of damages caused by your... View More

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3 Answers | Asked in Criminal Law, Civil Rights, Education Law and Legal Malpractice for California on
Q: Is it illegal for a prosecutor to continue prosecuting a case if he has a conflict of interest?

The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.

They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you've provided, there are a few potential legal issues at play:

1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the...
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0 Answers | Asked in Health Care Law, Personal Injury and Legal Malpractice for Washington on
Q: I had a crisis mental health providers make a false diagnosis and this diagnosis screwed up my continuity of care

This diagnosis because of what was going on made everyone think I was crazy and later when I had the evidence to show what I was saying was real I didn’t realize all my mental health practitioners never actually got it and it didn’t change my treatment of my prognosis! I just found out all... View More

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