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New York Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for New York on
Q: Can my lawyer sell my personal information?

I USPS mailed a signed, notarized quitclaim deed to my lawyer this past Sunday. Today, Wednesday, three days later, my husband received a text message from an unfamiliar local phone number addressed to my name asking to speak to me about selling the property related to the quitclaim deed. The... View More

James Avery
James Avery
answered on Apr 2, 2020

To sue, you need to have suffered an injury. NYS or Local Bar Assn can investigate possible breach of client confidentiality.

2 Answers | Asked in Civil Rights and Legal Malpractice for New York on
Q: Provide a scenario of legal negligence and explain which elements of negligence are factors in the scenario.
James Avery
James Avery
answered on Apr 2, 2020

The most common scenario of negligence (lack of due care judged by professional standards) is failing to diligently pursue legal matters, including failure to file timely lawsuits. Many lawyers do not use modern software for tracking cases, etc. The damage which occurs is the value of the matter... View More

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1 Answer | Asked in Legal Malpractice for New York on
Q: Provide a scenario of legal negligence and explain which elements of negligence are factors in the scenario.
Tim Akpinar
Tim Akpinar
answered on Apr 9, 2020

Negligence is a fundamental legal concept. It arises when the plaintiff can demonstrate that a defendant breached a duty of care that was owed to another party. In terms of scenario, you see the concept arise commonly in motor vehicle accidents. Good luck

Tim Akpinar

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for New York on
Q: Is it legal for employers to find a way to kick out their employees or push them out so that they can leave ???-help

Need info on department of labor laws or employment laws

V. Jonas Urba
V. Jonas Urba
answered on Jan 2, 2020

If you do not have a specific term of employment agreement (i.e. Jan 2020 thru Jan 2021) nor do you have a union collective bargaining agreement that protects everyone in the union nor do you work for the government then chances are pretty high that you are "at will".

Being...
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1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: The hoa foreclosed and sold my house for non payment of dues and evicted me. Now they are renting it out. Legal?

I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding

Elaine Shay
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Elaine Shay
answered on Oct 29, 2019

It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: How do I I know if I have a legal malpractice suite against my attorney. He admitted he “ dropped the ball”

He is on a 1 year ACD with the judiciary courts now. And has been found guilty of negligence of 5 other cases by doing exactly as he did to me

Michael Bersani
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answered on Oct 2, 2019

If he "dropped the ball" it COULD mean he malpracticed the case. To commit legal malpractice in New York you need to show that (1) the lawyer did or failed to do something which constitutes a "mistake", which is defined as an action or failure to act that falls below the... View More

1 Answer | Asked in Contracts and Legal Malpractice for New York on
Q: How can I get contents of my complete settled and disposed file from my attorney in my tort case?

established attorney - client relationship in 2012, he began the case in 2014 settled in 2019 the case?documents the judge's decision of the settlement, mediation, signing the settlement agreement for opposing side, and copy of the settlement check with his signature. he didnotprovide my... View More

Michael David Siegel
Michael David Siegel
answered on Aug 6, 2019

You are entitled to it. Write the lawyer and ask.

2 Answers | Asked in Legal Malpractice and Probate for New York on
Q: Can an attorney refuse to draw up a will if he/she does not agree with some of the terms?

e.g. A person wishes to make an animal shelter a beneficiary and the attorney feels that human charities should have priority.

Benjamin Z. Katz
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answered on Jun 8, 2019

Attorneys are not obligated to accept any client or any work. However, if it is shown that their refusal is illegal discrimination they are subject to all potential civil and administrative penalties. In this case, there does not appear to be such discrimination. If the attorney has taken your... View More

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2 Answers | Asked in Legal Malpractice for New York on
Q: Is it illegal for someone to send demand letters posing as an attorney?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Yes, it is illegal to pretend to be an attorney. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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1 Answer | Asked in Legal Malpractice for New York on
Q: Someone posts untrue reviews about me on Yelp. Can this affect my malpractice insurance rates or standing with the bar?
Edward X. Clinton, Jr
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answered on Nov 5, 2018

No. A negative yelp review won't have anything to do with insurance or your standing with the Bar.

I'm sorry to say that there is little you can do about a Yelp review. Suing Yelp won't work and it should not work because of the first amendment.

I have earned several...
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2 Answers | Asked in Legal Malpractice for New York on
Q: My attorney made a mistake with my case filing but I think it was just a minor oversight that won't affect the outcome

of my case. Does that still qualify as legal malpractice? It did inconvenience me.

Edward X. Clinton, Jr
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answered on Nov 5, 2018

Nope. To be malpractice the error must be significant enough to affect the outcome. Usually, you have to prove that you lost the case as a result of the error. If the error is tiny and can be corrected, there was no malpractice.

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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Legal Malpractice for New York on
Q: Can a mortgage be discharged if there are still liens/Judgments on it?

We are in the process of buying a home and the process has been dragging out. we are now a full month passed our scheduled closing date. We have multiple stories coming from the lawyers stating there are judgments on the home. We waited 3 weeks for the lawyer to tell us the seller agreed to pay 3x... View More

Michael David Siegel
Michael David Siegel
answered on Sep 11, 2018

Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.

1 Answer | Asked in Legal Malpractice for New York on
Q: Is my first step always to talk to the state bar if I suspect my attorney is violating attorney-client privilege?
Michael Bersani
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answered on Sep 1, 2018

Not necessarily. You can talk to another lawyer. Or you can contact your county bar association grievance committee in New York. But of course you can also call the New York State Bar association.

1 Answer | Asked in Legal Malpractice for New York on
Q: What recourse do you have if your attorney misses a filing deadline?
Michael Bersani
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answered on Aug 10, 2018

You need to consider suing your lawyer. You should carefully watch your filing deadline for that case! It is three years from the date of the missed filing, unless your lawyer continued to represent you on the same matter after that happened, in which case the filing deadline is three years from... View More

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: Lawyer stating his clients are person 1 & 2 but attempting to discuss on behalf of person 3.

if a lawyer states person 1 & 2 are his clients, while including them in the communications with me, but also starts arguing on behalf of person 3 who is person 2's spouse and refuses to answer whether he has permission from person 3 to represent her, can I complain to some NY State... View More

Michael David Siegel
Michael David Siegel
answered on Jun 1, 2018

It is not your issue. It is person 3's issue. You are the adversary. Representation is between attorney and client.

1 Answer | Asked in Probate and Legal Malpractice for New York on
Q: is there a time frame for a law office to reimburse me for the cost of urn and cremation? (long Island, N.Y.)

I laid out almost $4,000.00 for the urn and cremation fees for a friend of mine who died in June 2016. The estate was settled in September 2017. I have called at least 5 times (once a month since January?) to find out if there is an issue, whatever. I have been told by a very friendly secretary:... View More

Michael David Siegel
Michael David Siegel
answered on May 17, 2018

Make sure you saved your written inquiries. You are supposed to send the Executor a formal Notice of Claim within 7 months of appointment. What you did might qualify. You can make a motion to be paid.

1 Answer | Asked in Legal Malpractice for New York on
Q: Is there a statute of limitations on legal malpractice?
Edward X. Clinton, Jr
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answered on May 11, 2018

Yes, there is a statute of limitations on legal malpractice in every state. Depending on where the client is located and where the lawyer is located, the statute of limitations will vary. For example, Illinois has a two-year statute of limitations while Ohio has a one-year statute of limitations.

3 Answers | Asked in Legal Malpractice for New York on
Q: I think my attorney's paralegal drafted my will - is that okay?
Michael Bersani
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answered on Apr 20, 2018

Yes, as long as the lawyer reviewed and approved it.

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2 Answers | Asked in Legal Malpractice for New York on
Q: If a person was sanctioned by their state bar, do they have to tell their clients?
Susan Chana Lask
Susan Chana Lask
answered on Apr 14, 2018

You do not have to voluntarily tell your clients that you were sanctioned.

However, if a client asks you if you had any sanctions then you have to be honest and tell them you did.

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1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for New York on
Q: Is my lawyer really representing the cop because he is friends with the department ?

I’m not a lawyer, I feel my family is being taken advantage of , and I have no where to turn. My wife was arrested for a dwi. When she was pulled over the officer noticed she has a PBA card and asked her about it. She told him it was an old card , it was her ex brother in law , who hates her for... View More

Susan Chana Lask
Susan Chana Lask
answered on Apr 14, 2018

Police Officers can call the officer who is listed on the PBA card. So I do not see anything wrong with the officer who stopped your wife with calling the brother in law.

Next, it cannot be said whether or not the lawyer is representing the other side just because he is friends with the...
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