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Legal Malpractice Questions & Answers
0 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Concern about attorney's lack of communication in a criminal mischief case affecting probation revocation.

I'm concerned about my attorney’s lack of communication and interest in defending me. I pled guilty to criminal mischief, and now my probation is being revoked. Despite reaching out through various channels, my attorney hasn't updated me on my court dates or shared important information... View More

0 Answers | Asked in Criminal Law and Legal Malpractice for Arkansas on
Q: Accused of commercial burglary in laundromat, seeking defense options.

I am being accused of commercial burglary in a 24-hour laundromat, where allegedly $1,000 worth of items were stolen. The only evidence presented are pictures of broom handles and a mop bucket, but there was nothing of value to steal. I was arrested, and charges are pending. Despite having a... View More

0 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Attorney Misconduct, Emotional Damages strategic suppression of notice in violation of due process. Wrongful eviction

In 2023, I received a judgment from the Justice Court in Tarrant County confirming the court lacked jurisdiction and I could not be evicted. Despite this, the opposing attorney continued with an eviction case by serving my former attorney, who had already confirmed to him he was not representing me... View More

0 Answers | Asked in Probate, Legal Malpractice, Libel & Slander and Personal Injury for Colorado on
Q: Removed from a will without seeing it and executor claims no will exists.

I was originally included in a will, which I never got to see, and was later removed from it without receiving anything. I contacted the executor who claimed there was no will, despite having evidence of him referencing the will in a newsletter. What legal steps can I take to address this situation... View More

0 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Criminal Law for Missouri on
Q: Impact of learning disability on armed criminal action conviction appeal

My 37-year-old son, who has a learning disability, was convicted of armed criminal action a year ago. His lawyer did not bring up his disability during the trial and failed to provide a proper defense. We are now pursuing an appeal because we believe his disability should have been considered, and... View More

0 Answers | Asked in Civil Rights, Legal Malpractice and Civil Litigation for Rhode Island on
Q: Seeking compensation for wrongful conviction in Rhode Island after Supreme Court overturned conviction and found not guilty.

I spent almost 5 years in prison in Rhode Island for a crime I did not commit. The Supreme Court overturned my conviction, and after a retrial, I was found not guilty. I filed for compensation under the state's wrongful conviction law signed by Governor McKee and won the first hearing.... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for New York on
Q: Can my conspiracy case be thrown out due to warrant errors?

My house was raided, and I was arrested for a B felony conspiracy charge. My motion of discovery includes a warrant labeled "benison conspiracy warrant" with a different name and address. My attorney, who is a family friend, thinks this could be a chance for me to go into treatment, so he... View More

Michael J. McConnell
Michael J. McConnell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2025

I am so sorry to hear about your situation and am wishing you all the best as you fight the charges. With that said, it will be important for you to rely on the advice of your attorney as they are familiar with the facts of your case and can help you determine the best legal strategy.... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Kentucky on
Q: What are my options if my attorney is sued by the opposing company and has a history of legal issues?

I am involved in a class action case where my attorney is now being sued by the company he is representing me against. I haven't met or spoken to him directly, only through his office staff. Knowing that this attorney has had prior legal issues, which I wasn't aware of at the time of... View More

Timothy Denison
Timothy Denison
answered on Jun 21, 2025

Investigate other attorneys and consult one you feel comfortable with regarding your current situation.

2 Answers | Asked in Landlord - Tenant, Legal Malpractice, Public Benefits and Real Estate Law for California on
Q: Is lawyer's refusal to pursue eviction defense grounds for malpractice?

I am dealing with an eviction case where my defense is based on issues relating to the legality of Section 8 terminating my subsidy voucher. However, my lawyer doesn't want to pursue this because HACLA has not responded to his queries, and he seems unwilling to put more effort into my defense.... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 19, 2025

Not necessarily. If you have time to hire new counsel, it would not be a viable malpractice case.

If your rights were waived without your consent, and this led to harm, it may be malpractice.

Consult with experienced legal malpractice attorneys. Be cautious in considering...
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1 Answer | Asked in Estate Planning, Probate and Legal Malpractice for Kentucky on
Q: Can I sue my father's estate over a contested will with a nickname signature and attorney's involvement in KY?

I discovered my father's will at the house my sister inherited. The power of attorney and the updated will were both created on the same day by an attorney different from the one my father had used his entire life. The attorney witnessed the will and signed it with the same signature across... View More

Timothy Denison
Timothy Denison
answered on Jun 21, 2025

Yes. You are tree getting to a will contest. Consult a private attorney who can review the evidence you cite and help you make a decision as to what to do.

2 Answers | Asked in Landlord - Tenant, Civil Litigation, Legal Malpractice and Real Estate Law for New York on
Q: Can I change a holdover petition to eviction and recover rent arrears in NY?

My tenant had a 2-year lease from September 2022 to August 2024. I haven't received rent since May 2024, and although the lease expired, the tenant refuses to move out. I initiated a holdover petition in September 2024. At that time, I was willing to take a loss, but now I am not prepared to... View More

Elaine Shay
Elaine Shay
answered on Jun 19, 2025

A holdover proceeding is an eviction proceeding and you are entitled to request rent arrears and ongoing U&O as part of the holdover proceeding.

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0 Answers | Asked in Civil Litigation, Probate and Legal Malpractice for New Mexico on
Q: Conflict of interest with law firm in probate case?

I initially had a LegalShield membership and received legal advice from an attorney at a law firm. After canceling my membership, I contacted the same law firm, which has many attorneys, for a probate matter in which I am involved against a family member. I spoke with two different attorneys at the... View More

3 Answers | Asked in Legal Malpractice and Civil Litigation for California on
Q: Handling unethical assistance and altered settlement documents from attorney.

My attorney is not assisting me ethically. He avoids discussing my concerns in writing and insists on communicating over the phone, which I prefer to be in writing for record purposes. Recently, he sent me a settlement document that has alterations made with white-out and pen ink, especially... View More

Robert Kane
Robert Kane
answered on Jun 19, 2025

You need to discuss this with your attorney. Not all attorney-client relationships are made in heaven. I prefer communicating in writing, other attorneys do not. Hiring a new attorney should be carefully considered. There will be consequences. Nothing you present in this post is unethical.

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1 Answer | Asked in Criminal Law, Legal Malpractice and Domestic Violence for Kentucky on
Q: Seeking defense advice for grandson facing assault charges with witnesses supporting his innocence.

I am seeking legal advice for my grandson, who is facing 8 years for alleged assault on his girlfriend; however, we believe he is innocent. His lawyer initially promised a refund if he did not win, but now suggests accepting a plea deal. There are witnesses to her abusing him, not the other way... View More

Timothy Denison
Timothy Denison
answered on Jun 21, 2025

It. Is not uncommon that a lawyer changes their position after a review of the evidence. However, you may want to seek a second opinion from another lawyer if you have lost confidence in your current lawyer.

2 Answers | Asked in Car Accidents, Medical Malpractice, Legal Malpractice and Personal Injury for Georgia on
Q: Lawyer delayed informing us about child's brain injury from accident.

My minor child was involved in a car accident through no fault of their own. The hospital documented a brain injury in their records but never informed me. My lawyer received these records 8 months before finally asking me about my child's progress on the brain injury, which they initially... View More

Emery Brett Ledger
PREMIUM
Emery Brett Ledger pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2025

I'm very sorry to hear about your child's injury and the delay in communication. When a lawyer fails to promptly inform a client of critical medical findings—especially something as serious as a documented brain injury—it raises serious concerns about competence and diligence.... View More

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0 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Employment Law for Utah on
Q: How can I help my husband appeal his probation violation sentence in Utah?

I am trying to assist my husband, who is currently in jail for probation violations. The judge sentenced him to 365 days on June 11, and he feels he did not get a fair trial. He believes his lawyer poorly represented him, interacting with him only twice, and suspects there was a favorable deal made... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law and Legal Malpractice for New York on
Q: How to challenge lawyer's misconduct in family court in NY?

I'm seeking advice on how to address alleged misconduct by my son's ex-girlfriend's lawyer, who falsely claimed that my son signed off his parental rights, which he did not. Despite this, he's been attending court monthly for six years. His former public defenders did little,... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2025

The asker is confused as to what is happening in a family court. Unfortunately, some politics must enter the conversation even though Americans are taught that courts of law are totally separate from politics. This is completely false and that inconsistency drives this asker's question.... View More

0 Answers | Asked in Legal Malpractice, Civil Litigation, Mergers & Acquisitions and Business Law for New Mexico on
Q: My sex trafficking case hasn't progressed since a demand letter. Company sold in 2024; lawyers unresponsive. What can I do?

I've been involved in a sex trafficking case where a demand letter was sent in November 2022. My lawyers claim there's been no movement on the case, but recently, I discovered that the company being sued was sold in a cash sale in September 2024. Despite this, my lawyers have not... View More

0 Answers | Asked in Legal Malpractice, Child Custody and Family Law for North Carolina on
Q: Can I take legal action against a lawyer for misrepresentation and excessive billing in a custody case?

I want to know if I can take legal action against my former lawyer for misrepresentation and excessive billing during my custody case. The lawyer did not admit important evidence, such as my GAL Report, which might have affected the outcome. Additionally, my case was prolonged unnecessarily over... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Criminal Law and Legal Malpractice for Tennessee on
Q: Wrongfully indicted for drug charges; appeal plea, legal for CI to transact with kids at home?

I was wrongfully indicted for the sale and delivery of Schedule II substances, which allegedly occurred in my home after my children let the confidential informant in, not me. Although I made a phone call to get drugs and told the informant I would leave to retrieve them, someone else unexpectedly... View More

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Jun 16, 2025

HIRE AN ATTORNEY IMMEDIATELY

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