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Minnesota Legal Malpractice Questions & Answers
2 Answers | Asked in Construction Law and Legal Malpractice for Minnesota on
Q: Can a lawyer you have requested a consultation with contact the opposing counsel prior to your consultation?

We have recently had to seek new counsel due to our lawyer leaving their law firm and our case. We set up a consultation with an attorney, to find out that person went and contacted the opposing counsel and informed that person we were seeking counsel and the person also found out information as... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

On their face, I don't believe either are the disclosure of protected information or unethical. Attorneys need to see if there are any conflicts. The arbitration dates are known to dozens of people.

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1 Answer | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Minnesota on
Q: what type of lawyer do i need to let a doctor know he screwed up big time.

yes i have had two surgeries and now i am needing a third surgery and if i would have not gotten a second opinion i would have most likely needed a fourth surgery. i had a back fusion and it was redone a second time already i was told then by the surgeon he put a part in me that would not move well... View More

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2024

A Minnesota attorney could advise best, but your question remains open for a week. The answer to your question is a medical malpractice attorney. If you could arrange a free initial consult, that might help assess your matter. Good luck

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Legal Malpractice for Minnesota on
Q: Does soverned nation status of Indian reservations in Minnesota, make them immune from criminal activity such as

organized criminal activity? This activity should lead to criminal charges and civil liability for damages and restitution that would fall under the federal RICO act in my opinion.

Robert Kane
Robert Kane
answered on Dec 8, 2023

Crimes committed in Indian country among AIANs may be subject to concurrent jurisdiction by tribal, federal, state, or local criminal justice agencies. This is due to the sovereign status of federally recognized tribes and to Public Law 83-280 (commonly referred to as P.L. 280).

1 Answer | Asked in Legal Malpractice for Minnesota on
Q: Is it ineffective counsel if my attorney refused to present any evidence at trial?

There was extensive documentation supporting our defense strategy. He refused to present it. Refused to ask many questions I suggested that would support my innocence. His reasoning always that the prosecution might object. Stated he didn't know what evidence he could use. Discouraged Mr from... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you believe your attorney failed to provide effective representation by not presenting evidence or following a reasonable defense strategy, you may have grounds to appeal your conviction based on ineffective assistance of counsel.

In the U.S., the standard for ineffective assistance is...
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Q: Can cps withhold evidence of your innocence? If not why won’t anyone look at it? Or who do I contact about situations?

At birth cps took my baby for allegations that they refused to tell me any details about. Yet were quickly proved to be untrue. Instead of giving baby back they changed doctors notes, fabricated new allegations, (proven untrue) and removed baby from our care. Months later won custody back. Got... View More

Robert Kane
Robert Kane
answered on Jul 22, 2023

Google: "Minnesota cps defense attorneys."

1 Answer | Asked in Legal Malpractice and Criminal Law for Minnesota on
Q: Is corpse desecration legal anywhere?

I saw a video of judges eating human flesh on a cooking show and I was curious as to how they obtained human flesh being that it's illegal to desecrate a human corpse.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 3, 2021

My assumption is that the judges were not actually eating human flesh. To the extent that they were, it would not be something that would've been filmed in the United States.

1 Answer | Asked in Employment Law, Legal Malpractice and Workers' Compensation for Minnesota on
Q: Are mandatory tip pooling and taking away tips from others if unsatisfied with the work legal?

Employer is doing madatory tip pooling, along with giving our tips to the following morning shift if not satisfied by our work at the end of the night. The daughter of the owner's works mainly morning shift almost everyday. Most of the emplyees are minors including me. There are about 18... View More

Paul Lelii
Paul Lelii
answered on Sep 20, 2021

You should make your parents aware of this matter and if they choose, they can call me to discuss your options. Another avenue is to have your parents contact the MN Department of Labor and Industry's wage and hour division. Hope that helps. leliilaw.com

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Minnesota on
Q: I have a question in regards to if a dr writes down no restrictions and signs it

I have a guardian and live in a group home and i was on a 3hr time limit to be out and couldn't help my parents do to a infection i had but i have been cleared by my dr. Specialist in urology today from a follow-up appointment and he said no restrictions and also wrote on my summary paper no... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2019

Based on the limited details here, it isn't clear why you are still being held subsequent to your urologist lifting your restrictions. It's possible information is missing in terms of their policy, and that your family could need to look further into reasons why you are still being... View More

3 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on
Q: I strongly think that my girlfriend is only being charged with domestic assault because she changed victims statement.

I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing... View More

Luke Neuville
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answered on May 18, 2019

Your girlfriend has rights to exercise in court but it's not advisable to discuss over public forum. I would advise contacting an attorney that gives free consultations to get some better information.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on
Q: Is there any possible way to get a new prosecutor and judge? Is there any way to reopen omnibus or restart a case?

Many mistakes were made in this case. By my lawyer and the judge. My lawyer failed to be prepared for the Rasmussen hearing. He never attempted to do any research into the case and facts. The case is entirely based around a vioation of both the 4th amendment and article 1 section 10 mn... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 20, 2019

Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance... View More

1 Answer | Asked in Legal Malpractice for Minnesota on
Q: Legal Malpractice

Statute of limitations

Lucas Wynne
Lucas Wynne
answered on Nov 7, 2017

Your location is Florida, I am unsure if you intended to ask this question in the Minnesota section. Legal malpractice claims are often frivolous. Your best bet is to consult with a lawyer who handles such claims.

1 Answer | Asked in Legal Malpractice for Minnesota on
Q: how do I find out if someone is actually a lawyer,
Joseph A. Gangi
Joseph A. Gangi
answered on Jul 24, 2017

Search the Minnesota Attorney Registration System (MARS) database online

1 Answer | Asked in Family Law, Civil Rights, Legal Malpractice and Criminal Law for Minnesota on
Q: can I get my retainer back if the attorney didn't defend me in court did say a word to the petitioners or there atty.

I hired a attorney and payed him $5000.00 dallors to defend my case. from august 2016 until now March 1, 2017 he filed for a rehearing and he has not got a court date, September 9th, 2016 he filed for a rehearing and since then he has not try to contact me I have to call him and I ask him to talk... View More

Lucas Wynne
Lucas Wynne
answered on Mar 3, 2017

1. You asked your attorney to file a civil complaint and there is no indication that your attorney could file a civil complaint in your case. In fact, based on the limited information you have provided your attorney would not be able to file a separate case.

2. You retained your attorney to...
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