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New York Legal Malpractice Questions & Answers
2 Answers | Asked in Arbitration / Mediation Law, Legal Malpractice and Civil Litigation for New York on
Q: Attorney suing for $100k in NYC after $150k retainer for unheld trial; need defense for overstated fees.

I had an attorney who provided services for me in San Francisco federal court under Pro Hac Vice. His law firm, based in NYC, requested and received a $150,000 trial retainer, but the trial never took place. Now, they're suing me for approximately $100,000 more in the New York City Supreme... View More

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2025

You may want to consider reviewing the retainer and other possible documents with an attorney experienced in such matters - most attorneys will want to see your paperwork before advising meaningfully. More fundamental than your dispute about the number of hours (or a debate about the reasonableness... View More

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0 Answers | Asked in Criminal Law, Constitutional Law and Legal Malpractice for New York on
Q: Does a lawyer need to disclose a client's vigilante identity in a NYC murder trial?

If a person on trial for murder in New York City is discovered by his lawyer to be a vigilante, and this information is not related to the defense strategy nor known to anyone else, does the lawyer have an obligation to disclose this information to the judge and prosecution, especially if the... View More

0 Answers | Asked in Contracts and Legal Malpractice for New York on
Q: Is this inaccurate retainer agreement still valid in NY?

I signed a retainer agreement that inaccurately described my situation, stating my tax situation and representation as "court-appointed" and "Funds be paid solely from the guardianship," which are both incorrect as it was not court-appointed and there is no guardianship. I have... View More

0 Answers | Asked in Tax Law and Legal Malpractice for New York on
Q: Tax issue with incomplete Form 5329 submission related to IRA

I hired a tax attorney to help resolve a tax issue for my parents related to an IRA. I was told by someone at the IRS office that the attorney submitted Form 5329 blank except for my father's name, SSN, and address. The IRS has not informed me about any potential consequences due to the... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Legal Malpractice and Civil Rights for New York on
Q: Mistaken identity led to a felony conviction; how can I clear my record?

In 2011, I was mistakenly associated with someone else's criminal record due to impersonation—they used my name during their arrest. I've never had a felony, only a third-degree assault in 2007 and a harassment charge in 2010. Despite corrective efforts by the jail, the record confusion... View More

0 Answers | Asked in Criminal Law and Legal Malpractice for New York on
Q: Victim unsatisfied with free attorney in NY criminal case—can I request a new one?

I am a victim involved in a criminal case and have been assigned a free attorney. However, I do not feel comfortable due to a lack of updates on the case's progress. I've communicated my concerns, but nothing has changed. What are my options if I want to request a new attorney?

0 Answers | Asked in Legal Malpractice, Tax Law and Civil Litigation for New York on
Q: Can a lawyer charge for correcting their own mistake?

I hired a tax attorney who made a mistake on a letter to the IRS. He admitted the mistake and corrected it but charged me $800 for the correction. We did not have any written agreement on billing for such mistakes, and I feel I should not be responsible for the cost. The mistake did not impact my... View More

3 Answers | Asked in Contracts, Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I'm looking for a walk in law office regarding representation.
Stephen Bilkis
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answered on Nov 30, 2024

I understand that you're in need of legal representation and are looking for a walk-in law office in New York. Finding an attorney who can meet with you promptly is important, and I'm happy to provide some guidance on how to locate one.

Many law firms in New York understand that...
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2 Answers | Asked in Family Law and Legal Malpractice for New York on
Q: My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vac

My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

I'm sorry for your ordeal. The most reliable way to answer your question would be to reach out to law firms to discuss in further detail. There are a number of issues and entities to sort out here, and it isn't fully clear who you deem to be the liable party (or parties?). It would depend... View More

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2 Answers | Asked in Civil Litigation, Legal Malpractice, Personal Injury and Civil Rights for New York on
Q: Need legal help ,am indecent / public assistance

Lawyers have court clerk ,mailroom judges secretary ,records helping them file fake decisions .motions 2,3and were not filed in Superior court Newark by thr court clerk

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

I'm sorry for your ordeal with the courts. If you are indigent and need legal assistance, there are a number of options. Legal aid and pro bono attorneys might be able to help, depending on the nature of the matter. If there are criminal aspects to the matter, a public defender might be able... View More

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1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Family member signed sales contract in NY for residential property 2 years ago and is deceased. This is in litigation!

Relative is now deceased and the Buyer added a rider to sell co-op. Estate has property. The contract has no end date. Estate being sued for specific performance. Buyer still has not sold co-op and has no sign of funding. Buyer is still negotiating sales price 2 yeas later. Can we file a motion to... View More

Jack Mevorach
Jack Mevorach
answered on Jul 24, 2024

Is the estate represented by counsel?

Jack

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I am in a case against my ex . His lawyer went to the police and told them not to take my calls seriously.

I got a protection from abuse against the plaintiff previously. His harrassing and threating nature continued during child exchange so I had to call the police. His lawyer openly admitted that she went to the police and told them not to take my calls seriously. The lawyer and the plaintiff are... View More

James L. Arrasmith
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answered on Jul 27, 2024

You can take several steps to address this situation. First, document everything meticulously, including the lawyer's admission and any incidents of harassment or threats during child exchanges. This documentation will be crucial for any legal proceedings.

Next, consider filing a...
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1 Answer | Asked in Constitutional Law, Employment Discrimination and Legal Malpractice for New York on
Q: Is it ethical for members of the supreme court to be in the Federalist Society?
James L. Arrasmith
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answered on May 1, 2024

When considering the ethics of Supreme Court justices participating in the Federalist Society or any similar organization, it's essential to weigh the principles of judicial independence and impartiality against the benefits of intellectual engagement and education that such memberships might... View More

2 Answers | Asked in Legal Malpractice for New York on
Q: When is a personal injury attorney required to disclose his costs in putting on the case?

Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

Yes attorneys need to provide their clients a disbursal statement.

The settlement can take time to disburse once payment is received. For example to negotiate medical liens and no interest would be paid to the client. Otherwise, disbursal should occur immediately.

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1 Answer | Asked in Legal Malpractice and Medical Malpractice for New York on
Q: A malpractice claim was filed for allegedly negligence and malpractice against a provider.

The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2024

In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: who can remove tattoos compliantly and legally in the state of new york
Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

Attorneys might not be the most knowledgeable in this area. Medical professionals, such as dermatologists, would probably know more about this. Good luck

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York on
Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.

A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2024

So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More

3 Answers | Asked in Legal Malpractice and Medical Malpractice for New York on
Q: I am a plaintiff in a med mal case, my attorney is being sued & hired the defense attorney in my case to represent her.

Is that a conflict of interest? The initial firm I hired on 8-15-19, (with a retainer), emails me saying he doesn't know me, and would never sue the defense, although I have phone records, emails, etc.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 3, 2023

Your attorney is being sued by whom, by you or by someone else? If someone else, then there's arguably no conflict. There are many firms that represents doctors and hospitals in medical malpractice lawsuits and attorneys in legal malpractice lawsuits. As long as the two lawsuits do not... View More

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1 Answer | Asked in Civil Rights, Legal Malpractice, Landlord - Tenant and Gov & Administrative Law for New York on
Q: What do I do when I have proof of fraud by NYS court employees and Attorneys against me?

Judge, Court Clerk and Attorneys/Landlords NYS

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 11, 2023

You can try reporting the matter to the Office of the Attorney General, https://ag.ny.gov/i-want/use-whistleblower-portal Keep in mind that if your complaint arises out of litigation or a proceeding to which you are a party, it's unlikely that the AG's office will take any action.

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.

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