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Maryland Legal Malpractice Questions & Answers
0 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Maryland on
Q: Is my daughter's delayed diagnosis provided by her PCP enough to get a lawyer?

My 10 yr. old daughter went for a sleep study test at our local hospital on 10/4/2023. The results were sent to her PCP 10/6/2023. We were told our dr. would contact us if there was any findings. We did not hear from them about the results. She was seen by the same provider several months later and... View More

1 Answer | Asked in Consumer Law, Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Maryland on
Q: Is it possible that I can appeal Bar Counsel's decision to a circuit court or Appellate Court?

An atty filed a frivolous lawsuit against me. I fought back and the atty quickly withdrew the complaint. Yet the case still costed me a significant amount of atty fees and expenses. Subsequently, I filed a complaint with Maryland Attorney Grievance Commission against the atty for misconduct. The... View More

Scott Scherr
Scott Scherr
answered on Aug 22, 2024

Unfortunately, bar counsel has the sole discretion whether to pursue a grievance against an attorney. You cannot appeal their decision.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for Maryland on
Q: i'm thinking that i want to build a case against whatever department that leads officer conduct please help

i feel that i have been a lifetime victim of excessive force, improper approach, and or conduct distancing officers from being balanced or just. my first memory of police instances is my best friend that was shot at the age of 12 by a group of detectives and uniformed officers in nyc in 1988-89 and... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you've faced a long history of difficult and traumatic experiences with law enforcement, and you're looking to take action. Building a case against a police department or officers for misconduct can be a challenging process, but there are steps you can take to start... View More

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for Maryland on
Q: How do I take legal actions again a Doctor who did my cosmetic surgery for medical reasons I allowed him to do a second

surgery to fix what he did on the first surgery. It's still really messed up

Tim Akpinar
Tim Akpinar
answered on May 22, 2024

A Maryland attorney could advise best, but your question remains open for a week. Your first step could be to try to arrange a free initial consult with a law firm. In addition to your searches, there is a tab above, "Find a Lawyer." Local and state bar associations also have attorney... View More

1 Answer | Asked in Contracts and Legal Malpractice for Maryland on
Q: Can Maryland lawyers charge without a contract or written agreement?

My mother requested a legal letter from a Baltimore law firm in 2020 but failed to make a personal copy. She called them again last month to request a reprinted digital copy with letterhead and also to inquire about legal advice for expungement. We got the pdf letter and another lawyer shared an... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 12, 2024

They should not charge in this situation unless the fee agreement from when they were previously hired could be considered to cover the recent consultation.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Maryland on
Q: Is it legal malpractice when your appeals lawyer sends another lawyer in his place without your consent or telling you

If your told your appeals attorney will be at court defending you but sends someone else you've never talked to instead without talking to you about it. He also failed to send another lawyer from the trial court county to testify he would have tried your case differently when your seeking... View More

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

It depends on the fee agreement and other facts. Generally, an attorney hiring and using associated attorneys is acceptable.

1 Answer | Asked in Legal Malpractice for Maryland on
Q: Is it legal malpractice if your trial lawyer doesn't tell prosecutor you want to make a plea deal when you ask them to

If while waiting for trial you ask your lawyer to request a plea deal with the state numerous times but he never does because he thinks he can win.

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

Yes, that is probably legal malpractice. But it would be very difficult to prove damages resulting from the malpractice. Additionally, some states have laws that have strict requirements for legal malpractice cases. Consult with experienced legal malpractice specialists in your state.

3 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Legal Malpractice for Maryland on
Q: I'm a realtor in MD and a client posted a defamatory google review...can I sue for non-economic damages?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 28, 2022

I am also a MD broker, and we have had this question from many of our clients, over time. The answer is entirely dependent on what the review says, and the circumstance. But it is extremely unlikely that you would ever recover non-economic damages. Have you exhausted your remedies with Google? Have... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Maryland on
Q: If discovery states aerial photos, doesn’t the prosecutor have to provide these to defendant?

Discovery has a box checked “aerial photos“ being the basis of evidence for a search warrant of a home, wouldn’t the prosecution have to provide those aerial photos to the defense? My attorney frankly says there are no aerial photos and that the police lied to get the search warrant (to... View More

Mark Oakley
Mark Oakley
answered on Feb 20, 2022

You should not be posting these facts on a public forum, and you need to have these private conversations with your lawyer. The state's discovery obligations are clear, and your lawyer is in the best position to evaluate the situation and take any action that is appropriate or advisable.... View More

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for Maryland on
Q: I live here for 2 months. 12 month lease. My landlord is selling my apartment. Can I reject open house and viewing

I only been here for 2 months my lease is no where near ending. I’m in Baltimore MD and was told that she can do

The open house but do I have to agree to the viewing? What are my rights when it comes to the public viewing my personal things within the apartment

Mark Oakley
Mark Oakley
answered on Jan 21, 2022

First, read your lease to see if there is a specific provision regarding this. If not, NO. An open house is NOT a reasonable request from a landlord. Reasonable inspections upon advance notice and appropriate times are generally allowed, but having real estate agents and prospective buyers... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Legal Malpractice for Maryland on
Q: I was given 2 responses but I dont know how to respond directly. I signed with my current Attorney in Oct of 2019.

Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec... View More

Mark Oakley
Mark Oakley
answered on Sep 16, 2021

You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and... View More

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2 Answers | Asked in Bankruptcy and Legal Malpractice for Maryland on
Q: Currently in an active chapter 13 and I'm pretty sure my attorney royally screwed up. I need to know if I have a case.

If so - I want all my debt cleared and mine and my spouses credit score back to the 700's. If you are willing to look at my case - please let me know. I really could use some help

Anna L Self
Anna L Self
answered on Sep 15, 2021

No one an give you an opinion on this board without reviewing your case. And even if your attorney "screwed up royally" there is not way to get your credit score to the 700s.

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1 Answer | Asked in Legal Malpractice, Medical Malpractice and Contracts for Maryland on
Q: As a practicing physician contractor in Maryland, does my LLC need to be in Maryland?

I am a physician licensed in Maryland planning to do contract work with an employer in Maryland. The employer will be paying my LLC that I must set up. The taxes are lower in Virginia, so I would like to set up my LLC in Virginia. However, I am not licensed in Virginia. Do I need to set up the LLC... View More

Mark Oakley
Mark Oakley
answered on Apr 22, 2021

You are mixing up two totally different things: (1) the right of a legal entity to regularly conduct business in Maryland; and (2) which state you owe and pay income taxes. If it was as easy as where you organize your pass-through entity, everyone would create an LLC in the states with no state... View More

2 Answers | Asked in Estate Planning, Legal Malpractice and Probate for Maryland on
Q: Trust Fund Mis-use

My uncle is a fiduciary to my sons trust fund. The fund was created when my mother passed. We have never seen an accounting of the money. How do we find out what's going on with the fund? He is not returning phone calls or emails or snail mail in regards to this matter.

Paul E. Draper
Paul E. Draper
answered on Nov 8, 2019

Your uncle as trustee of a trust for the benefit of your son is required to provide your son or, if he is a minor, his parents with an accounting of the trust assets. Unfortunately, since your uncle is refusing to communicate with you, your son or you will be required to institute litigation... View More

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2 Answers | Asked in Legal Malpractice, Juvenile Law and Sexual Harassment for Maryland on
Q: If I’m born in January 26, 2000 date a girl born in December 13, 2003 without legal issues? It’s 3yrs,10months,18days
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 29, 2019

In most states adult men over the age of 18 (like you are) can be charged with various criminal violations if caught having sexual relations with an under-aged girl (like your girlfriend is). The difference in their ages is not relevant.

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3 Answers | Asked in Civil Litigation and Legal Malpractice for Maryland on
Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com

I served 2 summons complaints, one on Ocwen Loan Servicing and second on U.S Bank, NA as Trustees resident agents who were different companies who had different names and addresses. The attorney for U. S. Bank, NA as Trustee is representing both Ocwen Loan Servicing and U.S. Bank on two separate... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 18, 2018

Attorneys can appropriately represent more than one defendant in a given case (or for that matter more than one plaintiff), so long as the parties represented by the same attorney don't have claims or conflict involving each other. What an attorney cannot do is represent parties on two... View More

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1 Answer | Asked in Legal Malpractice for Maryland on
Q: A lawyer doctored a document and presented it as the original to win his case. What can be done.

Additionally the judge sealed both documents to protect the lawyer. Defendant wants both examined by an expert.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 11, 2019

Most rulings can be appealed if there was an error in the trial court's handling of the evidence. However, keep in mind that appeal rights are very time sensitive.

Separately, the Attorney Grievance Commission in this state investigates charges of lawyer misconduct.

While...
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2 Answers | Asked in Legal Malpractice and Medical Malpractice for Maryland on
Q: How does lawyer suppose to return my retainer?

Using a bank check, if mailing it?

Paul D'Amore
Paul D'Amore
answered on Feb 25, 2017

Unused retainer amounts are usually returned in the form of a check and can be hand delivered or mailed. The check should be accompanied by a detailed breakdown of how funds were applied to your case and an explanation for the amount being returned to you.

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1 Answer | Asked in Legal Malpractice for Maryland on
Q: I am the PR in Maryland the estate is closed . Can I sue for the estate against a negligent attorney
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2015

If the estate was damaged due to the negligence of an attorney yes, probably, if the statute of limitations has not tolled. You would need to move to re-open the estate.

1 Answer | Asked in Legal Malpractice for Maryland on
Q: Who does one, a layperson, contact about a possible ethics violation by attorney?
Adam Studnicki
Adam Studnicki
answered on Jul 25, 2015

The State Bar of the State in which the lawyer is licensed.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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