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New Jersey Legal Malpractice Questions & Answers
0 Answers | Asked in Family Law, Child Custody, Child Support and Legal Malpractice for New Jersey on
Q: My previous family court attorney was a co-defendant in lawsuit with the my ex-fiancés attorney. I was not aware of this

My previous family court attorney was a co-defendant with my ex-fiancés attorney. That lawsuit was filed in May 2022 and I hired him in September of 2022. I was not aware of this as I am just finding their case. The judge would not hear my concerns as of last weeks court date. I am paying over... View More

1 Answer | Asked in Legal Malpractice for New Jersey on
Q: How can I hold my legal representatives/ attorney's accountable for an on going litigation if I feel they are billing un

Unfair and predatory billing

Joel Gary Selik
Joel Gary Selik
answered on May 11, 2024

If you accuse them of predatory billing, you can expect them to withdraw. If they are, in fact, doing so, you would want different attorneys.

You can try asking, politely, to explain the billing, ask particular questions, and discuss the issues.

1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for New Jersey on
Q: Who in law of nj civil may I write tof lawyers hiding legal certified mail ,perjury ,preparing false court adjournment

Preparing false new trial motion dismiss. And preparing false decisions on new trial motions and designed by judges secretary to mislead plaintiff and getting the civil case dismissed.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2023

In New Jersey, if you're facing issues of legal misconduct such as hiding legal mail, perjury, and the falsification of court documents, there are specific steps you can take.

Firstly, if these actions are affecting an ongoing civil case, it's important to bring these concerns...
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2 Answers | Asked in Workers' Compensation, Legal Malpractice and Medical Malpractice for New Jersey on
Q: Why attorneys turn down my case when they find out who my former attorney is?

I want to find an attorney that will help me with my case and not turn me down because they have relationships with my former attorney.

Joel Gary Selik
Joel Gary Selik
answered on Dec 13, 2023

If attorneys have a conflict, or other issue with the attorney to be sued, it is proper for them to reject the case.

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1 Answer | Asked in Estate Planning, Collections, Legal Malpractice and Probate for New Jersey on
Q: Why didn't I get a physical copy of the agreement between me and my attorney and why won't you send me one?

The attorney that I retained never gave me the written agreement between us for what he should be doing and charging during administration of my mother's estate. I asked him to send me a copy but he never did. When I voiced my dissatisfaction about the services I had acquired. I received a... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 7, 2023

The attorney should most certainly provide you a copy. In some States the fee agreement is invalid if you do not get a copy.

Put your request for the fee agreement in writing.

1 Answer | Asked in Domestic Violence, Landlord - Tenant, Legal Malpractice and Sexual Harassment for New Jersey on
Q: I have been charged my the apartments attorney (no0police involved) of NJSA:18-61.1(b), and 2A:18-61.1(d) and NJSA:18-6.

I am severely disabled, I am 5’3”, 90 lbs, broke my spine on their porch, I am getting attacked by 3 grown muscle men and I am scared, frightened. And all the other lies have no basis nor was I allowed to give my side of the events. They basically have it so i can only breathe in here. Please help

Morris Leo Greb
Morris Leo Greb
answered on Mar 29, 2023

It appears from reading your question that seeking advice from an attorney that pracrices criminal law would be more appropriate. It does not seem to be a matter that mainly involves a tenancy problem.

1 Answer | Asked in Foreclosure and Legal Malpractice for New Jersey on
Q: two days after final foreclosure judgement homeowner was prepared to pay lien in full - property tax - ??

Unpaid property tax -homeowner became aware of issue in 2019 and began paying taxes since, arrears amount needed to be paid in full - due to Covid and the death of a Trustee, money to pay has been held up in the Trust. Lien holder, township and lawyers for the defendants were aware of situation... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2022

Realistically to provide you with meaningful advice and determine what your options are more information and an in person consultation will be necessary. I am not a legal malpractice attorney, so I cannot comment in that area of the law. However, my practice includes, but is not limited to mortgage... View More

2 Answers | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for New Jersey on
Q: Possible medical negligence or malpractice?

I need advice.. My Father passed away on February 1. He had health conditions but his death was unexpected. Mid-January he had a nephrostomy done. The hospital refused him anesthesia for it because a COVID test was not done then gave him a fentanyl drip instead. I think the effects from this is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2022

I'm very sorry for the loss of your father. For your question as to whether to pursue, that's a personal decision and it could additionally hinge on whether a law firm identifies the basis for a medical malpractice claim - that generally involves the input of an opinion from a medical... View More

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1 Answer | Asked in Workers' Compensation and Legal Malpractice for New Jersey on
Q: I have a workers'comp case. I do not believe my lawyer has represented me adequately. There were plenty inconsistencies.

I have a workers'comp case. I do not believe my lawyer represented me adequately. There were plenty of inconsistencies that weren't addressed.

I was asked,by my lawyer,to settle my case even though my injuries weren't completely final.

The case has been ongoing since... View More

Gerald D. Siegel
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Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2022

There is no right to a jury trial in workers compensation.

The same judge that would make a recommendation for a settlement is the same judge that would try your case and make a decision.

You are best off paying another WC attorney for a 2nd opinion.

1 Answer | Asked in Estate Planning, Family Law, Legal Malpractice and Probate for New Jersey on
Q: Can the lawyer(s) of an estate representative be held accountable for allowing representative to breach fiduciary duty?

Taxes for a property of the estate has not been paid for over a year resulting in a tax sale being issued on the property. I have reached out to the counsel of the estate representative to inform them of the unpaid tax and tax sale notices multiple times and they have ignored my messages.... View More

Richard Diamond
Richard Diamond
answered on Dec 7, 2021

This is not a family law question and should be answered / directed to an estate lawyer to guide you on your rights in addressing the obligations of those responsible for administration of the estate.

1 Answer | Asked in Family Law and Legal Malpractice for New Jersey on
Q: In order to have somebody legally incapacitated, does a physicians exam need to be done for that specific reason?

Can a physician use an exam from 7 months ago, that was performed for another purpose, to declare somebody incapacitated

Richard Diamond
Richard Diamond
answered on Mar 19, 2021

I dont know what purpose you are looking to have someone viewed as incompetent or incapacitated, but it sounds like it is either an estate issue or a medical malpractice issue and in either setting, you should meet with a certified specialist by the NJ Supreme Court. When running a google search,... View More

2 Answers | Asked in Child Custody and Legal Malpractice for New Jersey on
Q: Is a judge in possesion of evidence in a case he is presiding over legally bound to present it in court
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2021

That is not the function of a Judge. What you really need to do is to retain an experienced matrimonial attorney to represent you. There is nothing even remotely resembling legal malpractice. Besides, how do you know what a Judge possesses? Even if that is true, that does not mean it is admissible... View More

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2 Answers | Asked in Legal Malpractice and Immigration Law for New Jersey on
Q: I would need a letter from my attorney explaining the error they made. How can they make it legal and valid?

They are immigration attorneys and made a mistake regarding my immigration status in the US.

Should the letter be notarized, legalized, etc.? I will need to file that letter with new attorneys/immigration offices/government office, and therefore, I would like to make sure that letter will... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 26, 2020

This reads like a very complicated challenge that should be handled by another attorney who knows what they are doing. Much more information is needed, but rather quickly. Justia.com is not geared to do anything other than encourage you to hire another attorney in such situations.

At...
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1 Answer | Asked in Immigration Law and Legal Malpractice for New Jersey on
Q: Which state’s statute of limitations should be considered?

Since my immigration attorneys’ office is in state A, I live in state B, and they filed paperwork with the Texas USCIS office, I would like to know which state’s statute of limitations should be considered in case I sued them for legal malpractice.

Many thanks for your help and support

Kevin L Dixler
Kevin L Dixler
answered on Nov 5, 2020

It may depend upon any written agreement that you had with your attorney. You 'may' have agreed to file a lawsuit exclusively in his State. It may potentially depend upon the law in your state or the state where the attorney is considered to be doing business, which may also include... View More

2 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for New Jersey on
Q: Can a member of a NJ LLC without an operating agreement authorize the sale of real estate without consent ?

A member (35%) ownership wanted to sell an income producing property. The member gave power of atty to their son who put the property on the market with a licensed real estate agent. The other members each owning 34.5 % each (65% total) were opposed. There wan never a meeting in person or over... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 9, 2020

Without a court order if the other parties disagree this would be improper. The other 2 members should definitely get a lawyer to protect their rights.

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1 Answer | Asked in Legal Malpractice, Consumer Law, Employment Law and Immigration Law for New Jersey on
Q: Can I sue my lawyers for legal malpractice? They did not file my petition with the USCIS on time.

I had an L visa. The lawyers hired by my spouse’s company were supposed to file an extension petition with the USCIS for me since we were to return home 2 weeks after my I-94 expiration. However, they did not file the petition properly. Therefore, the USCIS sent a Notice of Deficiency to them,... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Oct 6, 2020

It would be worth your while to at least register a bar complaint against any attorney you feel acted in bad faith. As far as a lawsuit, your best bet would be to consult with an attorney regarding the facts in the case to get an idea if that would be effective.

1 Answer | Asked in Family Law and Legal Malpractice for New Jersey on
Q: My attorney created a fictitious document to replace one on file and then submitted without client knowledge or consent.

My attorney created a new fictitious QDRO and submitted it to the opposing party and State for approval without the consent or knowledge of the client. I had already provided them with an approved copy - post-judgement. It is further complicated because my ex liquefied her pension post-judgement... View More

Richard Diamond
Richard Diamond
answered on May 26, 2020

Short answer is that you need to sit down with a family law specialist to review the various documents involved to figure out what action needs to take place to sort out this mess and then, based on the advice given, you can figure out if your ex improperly liquidated the marital portion of her... View More

2 Answers | Asked in Family Law, Business Law and Legal Malpractice for New Jersey on
Q: . How can I create a legal binding promissory note?

My friend sold her business to me but it’s still in her name. I can’t change my name because of other reason but Tax responsibility 100% is mine, but I want to have a legal binding document that can create a bond of trust between us. I want to write a kind of promissory note show that if IRS... View More

Richard Diamond
Richard Diamond
answered on May 5, 2020

The issues presented are as follows:

1. protecting your friend from the IRS in the event of a triggering event for liability,

2. give your friend confidence that she is properly protected from liability AND

3. guarantee that its your business and that if its successful,...
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1 Answer | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for New Jersey on
Q: I need to find a medical practice lawyer my free consultations and a good lawyer

11 years in surgery surgon messed up on my stomach

Tim Akpinar
Tim Akpinar
answered on Feb 29, 2020

You should be able to arrange that. Medical malpractice lawyers typically provide free initial consults. You could look for lawyers on this site (Find-a-Lawyer), or conduct your own independent searches. Good luck

Tim Akpinar

3 Answers | Asked in Legal Malpractice for New Jersey on
Q: How long should it take for a lawyer to respond to his clients questions and inquires?

My lawyer NEVER returns voice mail or my written letter(s). What should I do?

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2019

Within a reasonable time. It doesn't necessarily mean an instantaneous response - an attorney could be in court or deposition when a voice-mail arrives. But within the same day is considered reasonable by many to return calls. If someone is very busy or has pressing circumstances, the... View More

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