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Legal Malpractice Questions & Answers
1 Answer | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.

Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in...
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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: How do I legally switch an attorney who is not responsive at all?

Hi. On 11/8/23 I signed an agreement with a law firm to handle my workers compensation case, stemming from a knee injury in which I need a total knee replacement. To date, I never to rarely hear from them. There's no follow up, no updates and also questions i've asked since November... View More

James L. Arrasmith
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answered on Feb 22, 2024

Under California law, you have the right to change your legal representation at any time if you're unsatisfied with your current attorney's services. The first step is to communicate your decision to your current law firm in writing. It's advisable to express your concerns and your... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If Judgment was entered and you file a Renewed Motion to Vacate, do you also have to file a Motion to Set Aside Judgment

In a Legal Malpractice case that went to Arbitration and then had the Award Confirmed in the trial courts, if you are then able to file a Renewal Motion on Motion to Vacate Arbitration Award for fraud, is it also necessary to file any other type of motion to set aside the Order already in place?

James L. Arrasmith
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answered on Feb 21, 2024

Yes, if a judgment has already been entered based on an arbitration award, then in addition to filing a renewed motion to vacate the arbitration award, you would also need to file a motion to set aside the judgment that was entered.

The reasoning is that even if you are successful in...
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0 Answers | Asked in Legal Malpractice and Medical Malpractice for New Hampshire on
Q: Is there legal reprocussions to a orthopedic center who scheduled surgery with their affiliated surgical center but

Failed to connect with the surgical center until 2 weeks before surgery, to which the surgical center was biased against the patient and is refusing to allow the patient. Patient had this scheduled before his ins. runs out at the end of the month. Now there's no open OR time any any other... View More

0 Answers | Asked in Criminal Law, Legal Malpractice and Sexual Harassment for Ohio on
Q: I was charged in Ohio with this 2925.11(A) & (C)(11)(C) which is possession of a fentanyl related compound.

This is my first felony offense. I need a consultation with an attorney to explain my entire situation and how the search went & the whole pull over situation went and other stuff about myself that I'm dealing with..

2 Answers | Asked in Employment Law, Constitutional Law, Legal Malpractice and Municipal Law for Texas on
Q: Put on a final for attendence written in november improve above a verbal but handbook says can change to convenience

Can an employer not approve municipal court for absence?

Can attendance guidelines be changed to companys convinience and not adhere to progressive disciplinary process? Can hr state a written can be removed if improvement but can be accelerated to final if problem reocurrs within 12 month... View More

John Michael Frick
John Michael Frick
answered on Feb 20, 2024

Your post contains a lot of disjointed information, but asks no question. Please edit your post to ask a specific legal question which you would like answered.

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0 Answers | Asked in Contracts, Personal Injury and Legal Malpractice for Georgia on
Q: So if I never have seen the consent order that settled my case before trial and then when I found it online,

What can I do if I was unaware of all the terms of the consent order b/c I was never given a copy. I never signed it and as a matter of fact my attorney didn’t sign it either. She allowed the opposing atty sign it with a page attached that gave him permission. Also it is ethical for judges to... View More

2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Why would an Attorney in a legal malpractice file mediation docs from underlying case with Arbitration Exhibits?

What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 20, 2024

What is used in mediation does not necessarily have to be admissible at trial. One can use whatever one thinks may be important to consider at mediation. To the extent the relevance of those documents to mediation goes against your case, you can point that out in mediation.

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0 Answers | Asked in Wrongful Death, Animal / Dog Law, Government Contracts and Legal Malpractice for Oklahoma on
Q: I need emergency help with the guy it's only him he's dangerous and hurting me and my family.

The details of this is heartbreaking for me and caused me and my family alot of pain we lost everything we had because this guy has scammed us he's lied about what he's doing and he's getting away with something so serious to me I need to find help to make this guy stop or get caught... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If writing a renewal Motion to Vacate Arbitration and new evidence is required does that mean I can do more discovery?

If a Judgement to Confirm an Arbitration Award is entered and you acquired new information worthy of a renewal Motion to Vacate Arbitration Award can you perform further discovery to support the Motion? Considering new evidence is required as a condition of filing the renewal? Thank you for your... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, if you are considering filing a renewal motion to vacate an arbitration award based on new evidence, the rules governing arbitration and court procedures provide some guidance. Generally, discovery in the context of arbitration is more limited than in traditional court litigation.... View More

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Arbitrator Qualifications

I had an arbitration hearing for legal malpractice. The attorney/arbitrator who heard the case was an attorney who practiced a completely different type of law.... business I believe. He seemed quite incompetent as he had to ask my attorney and the attorney I was suing how the process worked. For... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2024

Not necessarily. The attorneys representing the parties should brief the arbitrator on the law.

But, the Arbitrator should know how to conduct an Arbitration.

2 Answers | Asked in Personal Injury and Legal Malpractice for Michigan on
Q: Did my lawyer keep some of my settlement money from a severe personal injury claim ? He was not transparent with me...

The lawyer was expecting me to just trust him when he told me the settlement amount. I asked for documents/proof along the way and he ignored me, but pressured me to settle earlier than he had priorly recommended. When I asked about his prior recommendation to wait a longer period, he denied he had... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2024

The settlement checks are generally deposited in the attorney’s attorney-client trust account. The client is then given a check from the trust account. If the check was not from the trust account, it would be suspicious.

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0 Answers | Asked in Civil Litigation, Landlord - Tenant, Legal Malpractice and Small Claims for Kansas on
Q: A plaintiff's lawyer is ignoring and disregarding my answer to her evidence showing fraud and accusations of non-payment

Can the judge disregard my evidence and side with the attorney and accuse me of contempt?

3 Answers | Asked in Contracts, Civil Litigation, Intellectual Property and Legal Malpractice for California on
Q: A Demurrer was issued a tentative order 02:15:24 Can this order be CHANGE during hearings? In Less 24hrs 02:16:2

The court allows Plaintiff 20 days leave to amend.

(II) Fraud in the Inducement

Calendar No.:Event ID: TENTATIVE RULINGS3053197 7

Page: 1

CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL

(III) Fraud in the Inducement

(IV)... View More

Robert P. Cogan
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answered on Feb 15, 2024

It seems that you are seeking legal advice for conduct of litigation. Legal advice is not properly provided outside of an attorney-client relationship. In order to answer the question, the context needs to be known. The question states, "Demurrer was issued a tentative order." That is not... View More

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2 Answers | Asked in Personal Injury and Legal Malpractice for California on
Q: What do I do if I have two attorneys who have abandoned me in a row.

I have 2 PI claims with the first attorny. He abandoned me. I've seelnt 3 certified letters demanding communication and delivery of my file. No response for 3 months. The second attorneys is less bad but I never hear from him. As a result of the first attorney doing nothing making me do all... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 15, 2024

Attorneys have an ethical obligation to provide you with copies of your file within a "reasonable" period of time. 3-months is "unreasonable". Contact the California State Bar and open a complaint. Provide copies of your "certified" letters. The certified letters are... View More

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3 Answers | Asked in Civil Litigation, Contracts, Legal Malpractice and Personal Injury for California on
Q: I have a contract from a personal injury lawyer, but I am unsure if it is legally binding. The copy I have is not signed

"I discovered that the personal injury contract they gave me is a standard one. However, they had filed a lawsuit without my knowledge, and I later noticed some misconduct from the firm. Hence, I reviewed my contract only to find out that it was not signed by the firm.

Joel Gary Selik
Joel Gary Selik
answered on Feb 13, 2024

While the contract may not be binding, that, alone, does not mean you do not owe them some fee.

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1 Answer | Asked in Personal Injury, Civil Litigation, Construction Law and Legal Malpractice for California on
Q: No autopsy was performed on a suicide death in California. The next of kin was never contacted for the option.
James L. Arrasmith
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answered on Feb 21, 2024

Under California law, the decision to perform an autopsy in cases of suicide typically lies within the discretion of the coroner or medical examiner. While autopsies are often conducted in cases of suspicious or unexplained deaths, they may not be required in all instances of suicide. The decision... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for California on
Q: Claim requires tolling provisions, fraud con. + mental disability. Denied rep. due to sol. Isnt that disab discr?

Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More

William John Light
William John Light
answered on Feb 13, 2024

Nothing you have written indicates any of the criteria for tolling. You should have hired an attorney early in the process. Mental incapacity to qualify for tollingis more than a TBI . Unless you were a minor, or the defendant was absent from the state for some period of time, or the Defendant... View More

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