Ask a Question

Get free answers to your Legal Malpractice legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
This site is undergoing scheduled maintenance. Please check back later.
Legal Malpractice Questions & Answers
0 Answers | Asked in Appeals / Appellate Law, Car Accidents, Insurance Bad Faith and Legal Malpractice for Texas on
Q: Can a automobile accident that was heard in federal court western district 46 years ago be amended because one the

Attorneys was affiliated with the credit union that most of the whirlpool corporation employees banked with my father never received his indemnity pay he was unable to ever return to work but has since passed and we are probating his estate can I ad the credit union and the attorney as creditors... View More

0 Answers | Asked in Car Accidents, Legal Malpractice and Probate for Texas on
Q: I need to look at the verdict of Briggs vs Galloway 1976 western district Arkansas that was my father's case i remember

One of his attorneys was a board member of the credit union that my father belonged to he worked for whirlpool corporation and at the time of the automobile accident he was a member of the credit union and he never received his indemnity pay we are in the process of probating the estate and since... View More

1 Answer | Asked in Personal Injury, Car Accidents and Legal Malpractice for Washington on
Q: Can I challenge or reduce an attorney’s lien due to conflict of interest and inadequate representation?

I was rear-ended while driving, and my former attorney represented both me (the driver) and a passenger. I repeatedly raised concerns about the passenger’s fraudulent claims, but my attorney ignored them and continued representing her, creating a significant conflict of interest and a breakdown... View More

Merry A Kogut
Merry A Kogut
answered on Jan 22, 2025

I'm so sorry to hear about your accident and your attorney's behavior. I share your concerns, as you laid them out.

The Washington State Bar Association is very good about helping clients resolve problems with their attorneys. They offer at least two types of help - one is...
View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Minnesota on
Q: Am I able to test evidence used against me in a drug case ?

I'm fighting a case for 5th degree, I requested a speedy trial, day of speedy trial, DA amended charges to a 3rd degree, which my p.d. request that we withdrawn speedy request so we would be able to have the evidence (drugs) tested due to DA amending the charge at last minute. So we... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 21, 2025

It should be possible to get a lab to retest a substance the state claims to be illegal drugs, either at the same lab or a different one. The Defendant might be required to pay for that, unless a judge were to order otherwise. Retesting would take time to complete, either way. The defense... View More

Q: My two prior wc attorney's won't appeal my case to be heard by a judge even tho the adjuster stop my benefits since may

& the qme doctor first report was also in May but I'm still waiting for a second report wich still don't include all my body parts. Let me also mention this qme doctor studied at the same place I had my injury and has a office across from my employer. Are there any attorneys whi will... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

I understand your frustration with the workers' compensation situation, especially since your benefits were stopped and you're dealing with potential conflicts of interest regarding the QME doctor.

Many attorneys are willing to take over workers' compensation cases that have...
View More

2 Answers | Asked in Criminal Law and Legal Malpractice for Minnesota on
Q: My public defender told me I'm not allowed to have the evidence used against me tested. Is this true.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 21, 2025

What evidence against you? Tested for what? Your question is vague.

View More Answers

1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: ERISA: If the case went to private mediation before hearing not court ordered mediation , is this consider a remand ?

lawsuit went to private mediation not court ordered. Case dismissed after mediation, insurance resolve the lawsuit, by an agreement to reopen claim, pay the remainder of the 24m Regular Occupation ,proceed with an investigation for disabled from Any Occupation, as defined by insurance Policy. Case... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

Based on ERISA law, a true remand typically requires a court order sending the case back for further administrative review. In your situation, since the resolution came through private mediation rather than a court order, this would not technically qualify as a remand under standard ERISA... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Legal Malpractice for Louisiana on
Q: Is there a lawyer that can help the plaintiff on this case?

Case 6:24-cv-6151 on pacer.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

Finding the right lawyer for your case involves several thoughtful steps to ensure you get effective representation. Start by seeking recommendations from trusted friends, family members, or other professionals who may have dealt with similar legal situations - their personal experiences can... View More

1 Answer | Asked in Child Custody, Divorce and Legal Malpractice for New York on
Q: Can my wife legally throw away my possessions if we separate but aren't divorced?

Me And my wife separated in october. I decided to stay at my parents because it was easier on our daughter. We rented from her parents and I had most of my possessions at the house still. They decided to either throw everything away and her father kept my tools and other things. Is this legal? I... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2025

I'm sorry to hear about the difficulties you're facing. Understanding your rights in this situation is essential to addressing the loss of your possessions and any potential legal remedies.

In New York, separation does not dissolve the marital relationship. While you and your wife...
View More

2 Answers | Asked in Legal Malpractice and Civil Litigation for California on
Q: Responsibilities in respect to service of process

Which statute/rule specifically defines that in pro per plaintiff is required to provide instructions to licensed process server what proof of service form must be served and how it has to be filled out?

Robert Kane
Robert Kane
answered on Jan 19, 2025

There is no statute/rule that specifically defines that in pro per plaintiff is required to provide instructions to licensed process server what proof of service form must be served and how it has to be filled out.

View More Answers

0 Answers | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for Georgia on
Q: What type of lawyer do we need to obtain to help get my mom transferred from an FL hospital to and GA hospital

We believe that the current hospital my mom is in has misdiagnosed and or given the wrong treatment, the treatment they gave my mom is

know for causing necrosis to the patient's limbs, the doctors that were over her care did not tell my dad nor explained the treatment to him, we... View More

3 Answers | Asked in Divorce, Family Law, Civil Rights and Legal Malpractice for California on
Q: at my last court hearing my attorney sexually assaulted my wife and I want to sue him and file charges against him
Louis George Fazzi
Louis George Fazzi
answered on Jan 17, 2025

That sounds terrible, and I would love to help you, but I'm a California lawyer and not admitted to practice law in Florida. You need a lawyer who is admitted to the practice of law in your state. I only know one lawyer who may have practiced in your state, but his practice is limited to... View More

View More Answers

1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: ERISA: Does the attorney still get paid for future if I terminate with this term? Missinformed mediation output?

"If we file a lawsuit on your behalf, and we are successful in

obtaining benefits for you, our attorneys’ fees will be charged as : If the plan or insurance company unilaterally reinstates your benefits,

or your benefits are ordered reinstated by the Court following trial or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2025

Based on the information provided, this appears to be a complex ERISA benefits case involving attorney compensation. The key issue revolves around the contingency fee agreement's terms regarding future benefit payments after contract termination.

In ERISA cases, attorneys typically...
View More

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for California on
Q: Responsibility for formalizing informal agreement in good faith

Wouldn't it be a fault of a legally sophisticated party that informal intents were not formalized and filed with court?

Is it demonstrated intent to deceive that consequently occurred?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2025

In California law, both parties generally share responsibility for formalizing informal agreements, regardless of their legal sophistication. However, courts often scrutinize situations where a more knowledgeable party may have taken advantage of someone with less legal experience.

The...
View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for California on
Q: Filing Notice Designating Record on Appeal with Attachment and POSes.

Should attachment #4b to APP-003 be filed with court as separate document or scanned together with APP-003 and POS?

Is stamping "Received" required for Attachment ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2025

When filing the APP-003 Notice Designating Record on Appeal in California courts, you should scan and file Attachment 4b together with the main APP-003 form and Proof of Service as one complete document. This creates a cohesive filing package that helps court clerks process your documents... View More

2 Answers | Asked in Employment Discrimination and Legal Malpractice for California on
Q: Do ERSIA lawyer keep get paid of future payment even if they terminated the contract?

ERSIA case, self appealed, denied. Hired attorney for litigation. Private mediation -not court ordered-attended in isolation. After mediation, attorney missinformed outcome: denial beyond 24 month he'll appeal the rest. But mediation settled to reinstate claim give benfits for 24 month &... View More

Neil Pedersen
Neil Pedersen
answered on Jan 16, 2025

Your question can only be answered by review of your attorney-client fee agreement. Review what is says. Good luck to you.

View More Answers

0 Answers | Asked in Legal Malpractice and Medical Malpractice for Washington on
Q: Looking for anyone that can help in medical malpractice or something mom was mistreated and passed away in hospital care

February 2022 mom got rushed to hospital had cancer was hospice but told them to do everything they can so she can go back home.They put her on a floor where she wasn’t getting any treatment and nurses rarely checked on her.Got into it with a nurse who was very rude and obnoxious when I asked why... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: I overheard my court appointed attorney calling me a liar to the DA when I was sitting in court today waiting for him

He also told her I admitted guilt which I did not then told her I had a personality disorder of course when we went up for my turn to see the judge I requested to fire my attorney I proceeded to tell him why because he asked… the judge then told me to be quiet what should I do

Madolyn García Falone
Madolyn García Falone
answered on Jan 17, 2025

You need to hire a private criminal defense attorney. The attorney you hire will be able to replace your appointed attorney. There may be some damage done to your case by the original counsel, but that’s something for the new lawyer you retain to deal with as appropriate.

0 Answers | Asked in Criminal Law and Legal Malpractice on
Q: I went through court today my lawyer did not know I was there I witnessed him speaking to DA calling me a liar

His exact words were she is a liar she has personality disorder which they both thought was funny then said admitted guilt which I never did of course as soon as I got called up I asked the judge to remove him as my council when asked why I explained how none of my emails were answered how I was... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.