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Legal Malpractice Questions & Answers
3 Answers | Asked in Personal Injury, Landlord - Tenant and Legal Malpractice for California on
Q: Is it proper for an California Attorney to settle a civil liability case by including property damages in the settlement

I suffered personal injury and property damage as a result of my Landlord's failure to provide an apartment free from mold and other contaminants. I had a separate renter's insurance policy and my doctor told me that I must trash all of my personal belongings (clothes, furniture, etc).... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Dec 7, 2022

It will depend on what the fee agreement says. As a general matter, there is nothing improper about doing so.

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3 Answers | Asked in Personal Injury, Landlord - Tenant and Legal Malpractice for California on
Q: Is it proper for an California Attorney to settle a civil liability case by including property damages in the settlement

I suffered personal injury and property damage as a result of my Landlord's failure to provide an apartment free from mold and other contaminants. I had a separate renter's insurance policy and my doctor told me that I must trash all of my personal belongings (clothes, furniture, etc).... Read more »

Philip Shakhnis
PREMIUM
Philip Shakhnis
answered on Dec 7, 2022

Yes, in general an attorney in a mold case will seek to recover for all losses and injuries you sustained. Also, a court would likely prohibit filing two separate lawsuits (one for personal injuries and a second for property damage) as that would be a waste of the court's resources. Hope... Read more »

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0 Answers | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for Arkansas on
Q: I have an illness that has been going on for 3 plus years that I havent been able to get a diagnosis

The first year I went almost 30 times to the doctor and nothing help and they then labeled me bipolar and tried to start me on medication for that.2 year I was put in Springdale hospital for 11 days in the mental part no other test was giving.now to afraid to go to another one

0 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Wisconsin on
Q: Can a judge amend sentence 2 months after sentencing without notice or opportunity to attend second hearing?

I agreed to plea deal for 6 months probation and was sentenced to 6 months probation. 2 months later I find out that the judge amended the sentence to 1 year because the 6 months was not lawful because of 1 year minimum.

Now I wanted to withdraw my plea on appeal based on that and other... Read more »

0 Answers | Asked in Landlord - Tenant and Legal Malpractice for Indiana on
Q: Does having an attorney negate the responsibility of the courts to serve a judges decision in an eviction case on tenant

The judge took almost a month to make a decision in our eviction case. She gave a date and time granting the eviction but we were never served those eviction papers. We were not notified until many days later by our Attorney via an email that was missed. We finally noticed the decision by checking... Read more »

0 Answers | Asked in Legal Malpractice for Pennsylvania on
Q: Can I sue a attorney for legal malpractice in getting SSDI? Negligence costs me over 40k

In the 5 years it took to receive approval they kept handing off to different lawyers 5 in all. I was eligible for survivor benefits bc I’m a widow and not one of them told me that. I just applied for it myself and SS stated I should have done this from the beginning I could have been receiving... Read more »

0 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for Oregon on
Q: Who do I contact as a U.S Citizen who has contacted every office including the USDOJ for misconduct in the his State

I'm a U.S Citizen in Oregon that since 2016 was charged with a crime I didn't commit and while incarcerated was appointed an attorney from the courts to represent me. Additional charges were stacked against me by the prosecutor with threats of being convicted of the original charge and... Read more »

0 Answers | Asked in Legal Malpractice and Small Claims for Washington on
Q: What actions I can take against an overzealous attorney?

Pierce county WA

RCW 12.40.080 says --

A corporation may not be represented by an attorney-at-law or legal paraprofessional except as set forth in RCW 12.40.025 (RCW 12.40.025 only applies if the case was transferred to small claims court - in this case it was not transferred to... Read more »

Q: How can husband's PD refuse request 2 w/drawl as counsel in order 4 his retained attny 2 file 4 appear NM district court

Is there any legal remedy 4 my husband in event his PD then failed 2 file a timely notice of appeal of his jan 2020 conviction until may 2022 can we do anything 2 speed the process up now that his case is accepted by COA judges BUT the delay is still out a possible 6mths to a year from now HES BEEN... Read more »

0 Answers | Asked in Contracts and Legal Malpractice for New Mexico on
Q: A law firm failed to properly supervise a junior attorney. Can the firm's Principal offer to finish the case for free?

When confronted with negligence by failing to perform adequate supervision of a brand-new law school graduate junior attorney the Principal of the firm offered in writing to complete the case with no further attorney's fees.

Does the written offer by the Principal of the law firm to... Read more »

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Nevada on
Q: what can i do if the district attorny dosent follow thru with there end of a plea aggrement

as part of my sons plea bargin nye county said they would "arrange for the dismissal and/or lack of pursuit of pending controlled substance case in Utah.

0 Answers | Asked in Legal Malpractice for California on
Q: Suggestions for a legal malpractice attorney to represent two minors against their counsel during divorce proceedings.

Minor's counsel ignored evidence of abuse, school truancies and concentrated on the sale of real properties for payment rather than investigating into minor's best interests. Are there any lawyers who would take something llike this on for a flat rate?

0 Answers | Asked in Real Estate Law and Legal Malpractice for Texas on
Q: French property case. Seeking a lawyer who can file in France against 3 lawyers in a case of willful intent to defraud.

Original lawyer handling a simple contractor default case, failed to file the case in correct court . Then failed to represent the client in timely manner. Case lingered. The lawyer was soon thereafter institutionalized in a psychiatric facility. Client never informed by law society. New... Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: I need a question answered very serious and important thank you.

Hi I went to court, the paper I signed stating what my next court date was, said the 14th of November. My bail bondsman sent me an email on the 6th saying that I had court on the 14th. My court date on the 14th was cancelled I have a text from my lawyer to prove it. This is where I get lost. I get... Read more »

John Michael Frick
John Michael Frick
answered on Nov 26, 2022

There is simply no way anyone could possibly answer this question in this forum. You should talk to your bail bondsman and show him the paperwork you were given showing your court date. And get another attorney to investigate for you

1 Answer | Asked in Legal Malpractice for California on
Q: A lawyer was negligent and unethical in his billing would any1 review case and demand clearance or else malpractice suit
Joel Gary Selik
Joel Gary Selik
answered on Nov 21, 2022

Email or telephone a legal malpractice specialist in your state to review the facts.

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Legal Malpractice for Texas on
Q: Where can I find a super attorney to handle my case. Theft, lies, and attorneys who helped steal my family's oil and ga

oil and gas wells in Texas. I have proof, where can I find an attorney that can help us get everything back plus interest?

John Michael Frick
John Michael Frick
answered on Nov 21, 2022

You should look here in Justia for an experienced attorney board certified in civil litigation with a background in oil and gas litigation and in real estate litigation, ideally located in the county (or an adjacent county) where the stolen oil and gas wells are located.

Obviously, this is...
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0 Answers | Asked in Legal Malpractice for Colorado on
Q: Is informed conset required if an attorney's singular partner had worked for the opposing firm in a civil suit action?

A lawyer of a firm consisting of 2 attorneys representing a defendant in a civil suit from a large firm that her partner had been previously employed by. is that a conflict of interest? Isn't there a requirement for informed consent?

0 Answers | Asked in Legal Malpractice, Contracts, Estate Planning and Libel & Slander for Colorado on
Q: How important is it to assign a specific capacity that a person signs a legal document under?

A person has authority as Personal Representative, Co--Trustee, Manager/Member of LLC and themselves personally. If a Statement of Authority is registered stating that person is the only person authorized to bind the entity "As Manager" and later signs a something as Personal Representative.

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