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Louisiana Legal Malpractice Questions & Answers
2 Answers | Asked in Personal Injury, Gov & Administrative Law and Legal Malpractice for Louisiana on
Q: My husband and I were rear ended in shv on 4/5/24 we have been represented for injury to insurance company. However the

Person who hit us was traveling over 100mph and was not ticketed or checked for substances: the officer said he didn’t have the heart to do either because he knew the offender and the man had liver cancer. The city of Shreveport had received several calls about the speeder and did nothing! We... View More

Loyd Bourgeois Jr
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Loyd Bourgeois Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024

I'm sorry to hear you're going through this. If you were injured in the incident, and the insurance company is not offering a fair settlement, you should retain a personal injury lawyer in Louisiana who can collect all of the evidence of the incident as well as your medical treatment to... View More

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2 Answers | Asked in Contracts, Estate Planning and Legal Malpractice for Louisiana on
Q: My attorney got me to transfer$91,000 from ira / sep into his reit he refuses to return calls or make payments

He did make initial payments and then fell behind and now fails to return any calls or communications or make payments

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 28, 2024

Something definitely sounds suspicious, and there appear to be some conflict of interest issues and possible violations of the Attorney Rules of Professional Conduct. You should contact the LA Office of Disciplinary Counsel to discuss the matter with them and file a complaint... View More

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2 Answers | Asked in Legal Malpractice for Louisiana on
Q: my lawyer put my name wrong in the documents she filed and had bad communication is this malpractice

She didn't want to do what I had asked to help my investigation out and she submitted lack of evidence to the people I was suing and she let them pass there deadlines

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

In the first setting you describe, such errors aren't usually fatal - the error could be remedied if attributed to transcription errors or similar causes.

In the second setting, do you mean missing a statute of limitations and failing to file an index number? That could be malpractice....
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1 Answer | Asked in Personal Injury, Workers' Compensation and Legal Malpractice for Louisiana on
Q: How long do I have to file a 3rd party claim?
Tim Akpinar
Tim Akpinar
answered on Oct 18, 2023

A Louisiana attorney could advise best, but your question remains open for two weeks. Try to arrange a free initial consult with a local attorney to discuss your matter - statutes of limitations depend on the type of case. Good luck

2 Answers | Asked in Appeals / Appellate Law, Real Estate Law and Legal Malpractice for Louisiana on
Q: Almost a year ago, we lost a case in Federal Court because my attorney provided no evidence in support of our case.

We lost the case in federal court, attempting to get the donation of the family home made over, turned based on undue influence and secondarily on lack of subsistence. I provided our attorney with a 5 inch deck binder with copies of text messages, phone bills, bank statements, written statements,... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

No. Your remedy now is to sue your former attorney.

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1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for Louisiana on
Q: Can a doctor refuse to order routine blood test if you have concerns and ask them to run them ?
Tim Akpinar
Tim Akpinar
answered on Mar 22, 2023

A Louisiana attorney could advise best, but your question remains open for four weeks. Additional information is needed. It could depend on the basis for the doctor's position, the patient's concerns, the carrier's coverage, and other possible factors. Good luck

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: Is it legal for a judge to reduce a bond higher than the bond a person has bonded out on after they’ve bonded out on the

First bond And is it legal for a judge to deny a person a bond reduction that hasn’t had a bond reduction since they’ve been incarcerated.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 10, 2022

The Judge has every right to change or modify one's bond while charges are pending. Quite often, additional factors become known which may impact the bond amount and could result in modification.

1 Answer | Asked in Family Law and Legal Malpractice for Louisiana on
Q: Is legal malpractice for a lawyer to disclose your hourly fees, name and details of your legal case in a public review?

I made a brief negative review of my lawyer on the BBB website and Facebook. I feel that she rip me off and failed to do a good job on our last trial that end up costing me thousands. I also end up moving from California to Louisiana to attend this contempt trial against my ex. She did not subpoena... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 3, 2021

The attorney's hourly rate is not confidential. If your record was not sealed, then your name, any testimony, any evidence, and any pleadings are not confidential. If you were allowed to relocate to CA with your child, then you won. Why would you post a negative review?

2 Answers | Asked in Real Estate Law, Legal Malpractice and Patents (Intellectual Property) for Louisiana on
Q: If I purchased a house for me and my deceased wife can her children take me to court and take my house
Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 28, 2021

This was listed as Patents Intellectual Property. That is what I do and this is not a question I can help you with. Perhaps you should add Family Law and Probate.

Good Luck.

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1 Answer | Asked in Legal Malpractice, Civil Litigation, Elder Law, Estate Planning and Probate for Louisiana on
Q: Can a Paranoid Schizophrenic with hallucinations, bipolar disorder, etc sign a legal will in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 16, 2021

They can sign it but it can be challenged with proof of that diagnosis.

1 Answer | Asked in Criminal Law, Banking, Elder Law and Legal Malpractice for Louisiana on
Q: As private caretaker of elderly client, children are accusing me of extorting the dad. He wrote checks from his personal

All that was written and allowed were verified by bank each time by account holder

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 4, 2020

If you are getting anything as a private caretaker, it should not exceed an hourly wage or weekly salary.

1 Answer | Asked in Legal Malpractice, Criminal Law, Personal Injury and Municipal Law for Louisiana on
Q: What Are The Legal Definitions Of Self Defense And Of Lex Talonis?

Dixon

E. Alexander Laird
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E. Alexander Laird
answered on Aug 23, 2020

In Louisiana, a person has a a right to use force to prevent imminent injury. But the force must be reasonable and apparently necessary. You do not have a duty to retreat.

You must also not be the initial aggressor in the confrontation.

1 Answer | Asked in Divorce, Legal Malpractice, Criminal Law and Libel & Slander for Louisiana on
Q: What Is The Legal Definition Of Entrapment?
E. Alexander Laird
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E. Alexander Laird
answered on Aug 20, 2020

This is a common question and subject to many misinterpretations.

Entrapment is a defense to criminal charges. The basis for entrapment occurs between an officer and defendant before or during the alleged crime. When an officer coerces or uses overbearing tactics to induce someone to commit...
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1 Answer | Asked in Municipal Law, Criminal Law, Legal Malpractice and Wrongful Death for Louisiana on
Q: Can A Municipality Issue A Warrant And Arrest You For Not Appearing At A Court Date That You Were Never Summoned To?

Water Bill Utility Autopayment Overdraft That Somone Else Set Up - Charged With [Issuing Bad Checks]

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 20, 2020

You need to hire an attorney to get the warrant recalled.

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: Can I legally be investigated with out my knowledgement
Stephen Rue
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Stephen Rue
answered on Jul 11, 2020

Yes

1 Answer | Asked in Family Law and Legal Malpractice for Louisiana on
Q: i seen many people move out at age 17 in louisiana. i turn 17 in apri, is it legal if i decide to move out too?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 18, 2020

No you are a minor until you turn 18.

1 Answer | Asked in Legal Malpractice, Personal Injury, Real Estate Law and Civil Rights for Louisiana on
Q: I need help I am not able to drive or walk down la trace rd to my home how can this be legal

Nabors will not give me access to my property on la trace rd passed his house I need help

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 5, 2020

You should seek the help of an attorney who handles property matters to determine if you have a servitude (or right of passage) across your neighbor's property. If so, that attorney can help you enforce your rights. Good luck

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: How and what to file suit against an attorney for delay tactics and the emotional distress and monetary losses associate

The case has taken more than 5 years. Every time there is a deadline it is missed. We submitted a piece of evidence into record and the attorney was given 15 days to reply with its admissibility. That was 49 days ago. This is a trend and I believe it is to try to run my funds dry so I cannot... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 22, 2020

If you believe your lawyer has committed malpractice on your case, you should consult with another attorney to review your file and advise whether he agrees. You have a right to receive either the original or a copy of your file.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Louisiana on
Q: I found someone who had overdosed and called 911. I was arrested for drugs and there were no drugs found is this legal.

I found a friend od. I called 911 police and emt arrived. They searched house but there were no drugs. They searched my purse and I had bc powder in a bottle of tylenol. And was arrested charged with possession n man. Of herion. They tested it for cocaine but refused to test for her. I had to spend... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 10, 2019

Jeez good deed really punished you. A criminal attorney should be able to wrap this up.

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: What is the remedy when a lawyer has made a false allegation that molestation of a minor child occurred?

I am not the accused in the matter. Though during the course of a trial my ex-wife's attorney made a statement that my son was molested despite not offering any foundation or evidence. He went on to claim ignorance of what the criminal definition of molestation is. Ignorance of the law is... View More

Bennett James Wills
Bennett James Wills
answered on Sep 19, 2019

If the statements were made in the course of litigation it is likely that the attorney is immune under the litigation privilege from civil suit. However, statements made in court that are not supported by the record or evidence can be ground for sanctions by the board - although that is for the BPR... View More

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