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New York Legal Malpractice Questions & Answers
1 Answer | Asked in Contracts and Legal Malpractice for New York on
Q: I fired my attorney then 3 months later we we in a settlement conference he signed legal documents Is he allowed to do t

I fired my attorney in a malpractice case 3 months later We were at a settlement conference and he signed legal documents Is settlement valid I was forced to sign by my attorney and judge even though I did not want to

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

Your facts do not ring true or correctly and are contrary to established requirements of an on record settlement. I suggest you take your matter up with your attorney to obtain a clear understanding of what happened.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Federal Crimes and Legal Malpractice for New York on
Q: What steps to take filing for new public defender and getting something done about misrepresentation by one?

My soon to be husband has been almost a year awaiting outcome of a federal arrest that I have found out more about online than he has from his public defender. When asked to meet with him she has still a year later never met him in person. She has filed notices and discussed pleas without his... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

One may complain to either or both the Federal Defender's Office of NYS and the presiding judge in the case, but had better have all the details correct and back up the allegations.

4 Answers | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Real Estate Closing, NY Is it legal for my lawyer to hire a lawyer to represent me at closing, without my permission?

I was charged for the outside lawyer to represent me at the closing.

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2023

If your lawyer hired another lawyer to represent you at a real estate closing without your permission and you were charged for their services, it's important to consider the legality and appropriateness of this situation. In many cases, lawyers are expected to obtain their clients'... View More

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Q: I don't think this lawyer who represented me Signed as my Lawyer, is this a legal representation, to not be signed
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

You can certainly have an attorney-client relationship without a written retainer agreement. The better practice, however, is to have a written retainer agreement which sets forth the duties and responsibilities of both the attorney and the client. That said, if you are unhappy with your current... View More

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1 Answer | Asked in Legal Malpractice and Criminal Law for New York on
Q: Something I got arrested for is now legal. Do I have a case?

I got arrested for having a taser in my purse during a car searched. It was $12 and ordered online from china. It made its way through customs to my front door. I had to pay a lawyer since I couldn’t get a public defender cause I was under 21 at the time and they made my mom pay. I also had to... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

Even assuming it's now legal to carry a taser in NY (which I could not confirm), since it was not legal at the time you committed the (former) "crime," you cannot be compensated now, unfortunately.

1 Answer | Asked in Constitutional Law, Legal Malpractice and Family Law for New York on
Q: Which Law Codes specify about Roster List of Gaurdian Ad Litems be shown to public or not?

If it is kept secret from the public, is it so all over New York? Thank you.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

Access to court records and proceedings is often subject to specific state laws and regulations. Some states may require disclosure of GALs' roster lists to the public, while others may not.

To find information specific to your location and circumstances, I suggest consulting a...
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Q: Is it legal for a company to not hire me because I tested positive for marijuana?

If it's not, what do I do about it?

Daniel A. Johnston
Daniel A. Johnston
answered on Mar 11, 2023

While there are some exceptions, it is typically illegal for a company to not hire you in New York based solely on a positive drug test for THC. If that's what they did, and why they did it, and no exceptions apply, you can sue them.

2 Answers | Asked in Family Law, Domestic Violence and Legal Malpractice for New York on
Q: Why would I use an attorney provided by this judge ?

I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 16, 2023

The appointed lawyer is an independent attorney who is on a panel with no connection to the judge. Of course, you are always free to hire your own lawyer if you have the means to do so.

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Legal Malpractice for New York on
Q: went to a closing 12/4/2007, began signing mtg docs, seller would not sell house. rec'd atty letter no funding

funds could not be released. Chevy Chase Bank was assumed by Capital One bank 2009.

Completed takeover 2010. November 10, 2012 Chevy Chase a (DEFUNCT) bank filed a lien on the property (incorrectly - wrong block and lot number), Chevy Chase (DEFUNCT) bank assigned the purported mortgage... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

When is the foreclosure auction scheduled? If there was a defect in the assignment, you may be able to file an Order to Show Cause to stay the sale, but only before the auction is completed. After that you would have a very hard time undoing the sale.

2 Answers | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... View More

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

I'm sorry for your family's ordeal. Although this site doesn't operate like a lawyer referral service, the closest feature here is the Find-a-Lawyer tab above. You could use it to supplement searches you've already conducted. There's also a Lawyer Referral resource with the... View More

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1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: What can I do?My NY buyers attorney drew up sales paperwork stating that my buyer made an Ernest deposit when he didn’t.

My attorney says there is nothing I can do. I can’t believe I can be provided with real estate sales paperwork to sign stating that the attorney collected the money when he didn’t. Should I have been informed and what can I do. My buyer backed out of the deal with proven false reasons and my... View More

Michael David Siegel
Michael David Siegel
answered on May 6, 2022

Something is fishy. However, you do not have to return money you do not have. If the lawyer said money was in escrow and it was not, he can be disbarred. Escrow accounting is a big deal.

1 Answer | Asked in Legal Malpractice, Estate Planning and Elder Law for New York on
Q: Can a lawyer be held accountable for NOT providing legal service to his client?

Elderly client moved in with daughter who had coerced her to change her will and make her power of attorney. Elderly client asked lawyer to revise will without involving this daughter. She told him she was in fear of daughter, her finding out and taking it out on her because she found out... View More

Tim Akpinar
Tim Akpinar
answered on May 5, 2022

If an attorney was simply approached out of the blue, the general rule is that the attorney is free to accept or decline a matter. Same goes for the prospective client, who is free to retain or not retain an attorney. There are instances where an attorney may not easily withdraw, such as in an... View More

1 Answer | Asked in Divorce and Legal Malpractice for New York on
Q: What is the purpose of a Referee's report in a NY State divorce? Is Property Settlement based on referee's report?

In my NY State divorce there are 3 sentences that are in “Verified Complaint” signed by my ex-wife the plaintiff, The “Affidavit in lieu of testimony” “Action for Divorce” signed by my ex wife the plaintiff, and The “Referee’s report” findings of fact and conclusions of law,... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2022

As is usual for a question to come from a convoluted proceeding like a New York divorce, there is a confusion taking place here that only a visit to a law office can unravel. We’ll try our best with what we have.

An uncontested divorce means both sides do not contest a distribution of...
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1 Answer | Asked in Personal Injury and Legal Malpractice for New York on
Q: My attorney stated he could not mail me my case file from NY to PA because it's a HIPAA violation. Is that true.?

I have a case that's been going on since 1991 against the city of NY. I don't believe my attorney is handling it accordingly. He refuses to send me

my case file. There hasn't been any progress on my case and keeps trying to assure me everything's OK. He's sent me... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 20, 2022

Sorry to hear your attorney is refusing to turn over your file. You have an absolute right to get a copy of it.

HIPAA does NOT prevent your attorney from mailing you a copy of your own file; HIPAA governs the disclosure of protected / confidential medical information to unauthorized third...
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1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for New York on
Q: Is it legal to accept money from a sale of a home if a notary falsified witnessing a signature on a deed?
Roy Warner
Roy Warner
answered on Jan 25, 2022

Depends on the law in each state. However, accepting cash is legal. The problem is whether the deed can be filed, which serves as notice to the world that the person who paid cash for the property is the true owner. The deed should be corrected pursuant to the terms of the written contract of... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... View More

Roy Warner
Roy Warner
answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

Q: Misrepresentation

I got ran over by a garbage truck on December 11 2019 while working. I hired a worker’s compensation lawyer. I had to quit my job because of my living condition. I had no family members where I was living at so I moved. Workers compensation felt like I wasn’t entitled to any financial benefits... View More

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2021

In terms of the funding for the second necessary surgery, one option could be to look into public health agency coverage. In terms of the declaration of a permanent disability by your orthopedic surgery, that could be something to explore further with an attorney who handles disability claims. In... View More

1 Answer | Asked in Civil Litigation, Legal Malpractice and Probate for New York on
Q: I’m looking to have a revival or waiver of a statue of limitation and I have some questions. Hope you can help.
Roy Warner
Roy Warner
answered on Oct 27, 2021

There is no question to answer.

Revivals of causes of action are by statute. They are few and far between in NY; they are remedial legislation.

The waiver of a statute of limitations is rare, but does happen. These waivers are based upon an equitable principle whereby the...
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1 Answer | Asked in Legal Malpractice for New York on
Q: can you sue for malpractice when your were wrongly diagnosed 8 years ago
Tim Akpinar
Tim Akpinar
answered on Oct 13, 2021

It could depend on a number of factors. The statute of limitations for medical malpractice in New York does have provisions that extend time based on a certain attributes, such as infancy, discovery of a condition, and others. Your question is framed concisely and doesn't outline many facts to... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: Is it customary for a lawyer to keep the refunded Federal Court filing fee which the client paid?

When a client pays the Federal Court filing fee to her attorney for a case--but--the Court remands the case (with the client's approval) to a lower authority to decide the case---and--the Court refunds the filing fee to the attorney--is it customary that the lawyer keeps the refunded filing... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2021

I can't speak for other law firms, but I advance filing fees and treat them as disbursements at the close of the case. I do not request filing fees from clients (index nos, RJIs, appeals, etc. - I pay those up front out of my own funds). If for some reason a client HAS ALREADY PAID a filing... View More

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