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New York Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for New York on
Q: Is it allowed under New York bar rules to date the attorney representing you in a personal injury lawsuit?
Michael Bersani
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answered on Apr 4, 2018

Yes, it is allowable, but not advisable. However, it is not allowed at all if the lawyer is representing the client in a domestic relations matter. Rule 8(j)(1). And it is never permissible to make sexual relations a condition for representation.

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Business Law for New York on
Q: what can i do legally against a dental office which lied to me about being in network and actually not being

I made an appointment to see a Dentist through the website Zocdoc. On this Website the dental office lists my speific plan and dental insurance as being "in network", if the office is in-network I know that my dental insurance would pay for the cleaning and check up x rays in full. I go... View More

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

Why don't you call your insurance company and ask if the dentist is in network? It really comes down to that issue.

1 Answer | Asked in Legal Malpractice for New York on
Q: My divorce attorney said he was a family law specialist, which I guess requires certification. I later found out he

wasn't and I'm worried this is why I didn't get the amount of child support my kids were entitled to. How do I proceed?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 10, 2017

You can file a fee dispute, potentially sue for malpractice, and report him to the NY office of disciplinary counsel. 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... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: I feel that my lawyer picked the wrong strategy to deal with a claim I had - is that malpractice?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

More facts are needed. It depends on whether the strategy was a reasonable one, and it depends on whether you were damaged as a result. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: Where can I find bar discipline records?
Peter Klose
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answered on Jun 2, 2017

Pretty much only in reported cases from the Appellate Division.

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for New York on
Q: if an attorney has a law practice in pa and he advertises his license in ny when none exists who handles the problem

I was solicited on the internet for credit repair. I entered into a contract. the provider did not do his job and I was dependent on it. upon questioning what has been done I was cancelled. I know its a general breach of contract. the law firm is in pa under good standing they claim to be licensed... View More

Michael David Siegel
Michael David Siegel
answered on May 5, 2017

Call the District Attorney in the county where you live in NY, and the DA in Pennsylvania. There are really two crimes -- one is the lawyer engaging in the unauthorized practice of law in NY, but his defense, that the Paralegal used his name, is a crime in PA.

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for New York on
Q: Ohio holding for New York, 10 year warrant 3 year Statute of Limitations in New York they're not coming what do I do?

How do I bring my fieance home? I live in Franklin County in Columbus Ohio my fiance was arrested here for a traffic ticket which turned out to be a hold and it cause him not to be let go and the claimed they were holding him for New York for a warrant BUT New York's Statute of Limitations on... View More

Joshua Bannister
Joshua Bannister
answered on Apr 29, 2017

It sounds like he has a bench warrant. The statute of limitations was satisfied when the officer filed charges with the court. Speedy trial timelines are tolled for the time the defendant absents himself from the court proceedings. Bench warrants don't go away until the defendant appears on... View More

3 Answers | Asked in Employment Law, Employment Discrimination and Legal Malpractice for New York on
Q: Is there a Legal or Ethic meaning to an Attorney's signature?

what is the significance of signing?

V. Jonas Urba
V. Jonas Urba
answered on Apr 27, 2017

I do not understand your question.

Lawyers are generally not parties to contracts. Sometimes lawyers will sign settlement agreements to confirm that they have conferred with and advised clients but lawyers do not in general guarantee compliance or guarantee representations made by another...
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1 Answer | Asked in Legal Malpractice for New York on
Q: What's the first step in disputing a legal bill?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 20, 2017

Consult with a lawyer to review the contract and bills. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: My lawyer forgot a filing deadline. Do I have a case against her?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

It depends on the repercussions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

2 Answers | Asked in Criminal Law, Contracts and Legal Malpractice for New York on
Q: I live in Buffalo NY I need to know where would I go to get from? A lawyer took my money and no work was done.

I called and texted him several times no response. So I disputed the item. The lawyer told my credit card company he represented me. I don't know when I never we to court. Please send me in the right direction. Thanks

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

Have a lawyer review the work the lawyer did for you. Lawyers get paid for lots of work besides court appearances and filings, including all communications, negotiations, research, writing, etc. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

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1 Answer | Asked in Legal Malpractice for New York on
Q: I suspect that the lawyer who is representing me is working impaired.What recourse do I have?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

You can hire another lawyer. You can fire this lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Legal Malpractice and Traffic Tickets for New York on
Q: Does it constitute legal advice if you give someone a few ideas on how to fight a traffic ticket?

If you knew someone and wrote a few pages about some plausible defences and questions they could ask in traffic court, assuming you put a clear disclaimer saying that your ideas did not constitute legal advice and that you were indemnified if your ideas did not work, could be held liable for... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 18, 2017

That sounds like a violation of practicing law without a license, which is a crime. Such disclaimers may not save you if you're doing the work that a lawyer does, such as providing legal advice or answering legal questions, in states where you are not licensed to practice law.

See:...
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1 Answer | Asked in Legal Malpractice for New York on
Q: My lawyer missed a filing date in my divorce. What should I do?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

You may be able to appeal any order that resulted from the missed deadline, if time permits. Depending on the facts, you may be able to sue for malpractice. Also you may consider hiring a better lawyer. More details are necessary to provide a professional analysis of your issue. The best first step... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: What can I do if my lawyer has stopped returning my calls?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

It depends on the facts and reasons. If the lawyer is no longer your lawyer and has provided you a copy of all your case files, there may be no further reason for communications. If the lawyer is still your lawyer and is unreasonably ignoring you, you can remind the lawyer of their contractual and... View More

1 Answer | Asked in Estate Planning and Legal Malpractice for New York on
Q: If a lawyer created a will and I was not completely aware of what I was doing, do I have any recourse?

I was brought to a lawyers office back in April of 2016 by a real estate developer whom I have known for only 3 months; his name is Joe Cohen.

Joe, was very aggressive with my house sale and during the process

Insisted on me making a Last Will and Testament. Joe took me to some... View More

Michael David Siegel
Michael David Siegel
answered on Jan 4, 2017

You must immediately (and I mean immediately) revoke your will. This can be done by destroying the original or by preparing a revocation document. If you die now without doing this, your will will be presumed valid, and whatever you signed will be enforced. I am not sure what a will has to do... View More

1 Answer | Asked in Real Estate Law, Stockbroker Fraud and Legal Malpractice for New York on
Q: If I purchased a brand new Condo here in Brooklyn, Ny and Closed on 8/31/16, who was responsible for not advising me

no C of O , temporary or perm. was issued for this building?

I feel I have been frauded and don't know what my recourse of action might be? It was a cash deal .

Michael David Siegel
Michael David Siegel
answered on Jan 2, 2017

Your lawyer should have done a title search for title insurance and that would have come up. It clearly violated the standard contract if that is what you used, but that claim did not likely survive closing. This is a big deal issue.

1 Answer | Asked in Legal Malpractice for New York on
Q: If my lawyer didn't have malpractice insurance can I still sue them?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

I see no reason why not, but the bigger question is whether you have a valid factual and legal basis for a lawsuit. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: Question about disbursement of funds once a case has been settled.

Hello I have a question about the disbursement of funds once a settlement has been reached. I settled on a case several years ago(6+ years)and for years I have been going back and fourth with my lawyer to get what is owed to me. Today the lawyer emailed me a wavier requesting my signature to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

Have a lawyer review the attorney-client contract and the settlement agreement terms. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: My lawyer stopped returning my phone calls and I don't even know if she's handling my case anymore. What are my options?
Peter Klose
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answered on Dec 2, 2016

You should send a written letter to her demanding a copy of your file, and you should pick up a copy of your file

If she doesn't respond in a reasonable time, you may file a complaint with the local Disciplinary Committee.

Give her the benefit of the doubt and call a few more times.

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