Get free answers to your Legal Malpractice legal questions from lawyers in your area.
Your current state is Ohio
I settled a work injury case after mediation earlier this year. The lawyer and mediator pressured me to finalize without explaining fully, even when I mentioned a doctor's appointment the next day that could lead to hip surgery. After the appointment, the doctor confirmed I would need surgery,... View More 
I have a personal injury case, and my attorney has had all the necessary information to complete a demand letter since December 10, 2024. Despite following up several times, including a follow-up 4 weeks ago, the demand letter has not yet been drafted. My attorney mentioned he is busy, and I have... View More
answered on Mar 12, 2025
It depends on the case. Demands letters can be complex, with full argument and evidentiary support for all material facts that support liability, full sets of medical records and billing, and support with comparable cases which have settled or gone to verdict. Without knowing what your attorney... View More
I bought a home in North Carolina two years ago, and the previous owner assured us there were no issues with the septic tank. However, upon selling the home, the new buyers' inspection revealed major septic system issues. We did not have a septic inspection during our purchase because our... View More
I'm having difficulty reaching my lawyer after signing a workers' compensation settlement. The lawyer is always on the phone when I call to inquire about the settlement. I sent an email five days ago, but haven't received a reply. What should I do next?
answered on Mar 11, 2025
Put your specific requests and questions to your attorney in writing and deliver the request by fax and certified mail return receipt.
If no response, contract the state bar.
I have documented evidence of my ex-husband and his attorney colluding against me during our divorce proceedings. Their emails discuss default judgments made before I was ever served and contain derogatory remarks about me. Due to my mental health and financial struggles at the time, including PTSD... View More
I want to know if I can sue my lawyer because due to his failure to file a motion within 21 days, I ended up having to pay $700 in child support instead of the $400 that was initially offered by the opposing lawyer. It also cost me significant time, therapy, and nearly my job. I have discussed this... View More
I believe I have a case of malpractice against my former lawyer, Melissa Gardner, for events that occurred between 2008-2009 during my divorce and custody proceedings. She did not answer my calls, lied to the courts, failed to notify me of trial dates, and terminated her representation of me days... View More
I was incarcerated for 8.5 months for contempt of court without bond or a show cause hearing. My court-appointed lawyer, who allegedly can't practice in Illinois, offered little assistance. I never spoke to him until he advised me to "plea out" for a county cap, but I refused to plea... View More
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
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answered on Mar 12, 2025
You have every right to feel uncomfortable about this situation, as it involves a conflict of interest that your lawyer should be actively avoiding. The probate lawyer’s wife should not interfere in your decisions, especially if you haven't hired her. Clearly communicate to your lawyer, in... 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
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answered on Mar 12, 2025
First, communicate directly with your probate attorney to firmly express your urgency and clearly outline how these delays are affecting your financial situation. Request a specific timeline for completing and filing the final inventory, and insist on regular updates to monitor progress. If your... 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 10, 2025
You may want to consider reviewing the retainer and other possible documents with an attorney experienced in such matters - most attorneys will want to see your paperwork before advising meaningfully. More fundamental than your dispute about the number of hours (or a debate about the reasonableness... View More
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?
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