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New York Legal Malpractice Questions & Answers
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.

1 Answer | Asked in Legal Malpractice for New York on
Q: How to know if my lawyer is scamming me
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

Review the facts with a lawyer. Review your contract and the invoice provided to you by the lawyer. 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 practice... View More

1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: no knowledge of action to evict my12 yr old & me until email 1day befre deadlne to remve belongings&further access thm

received email from petioner 11/5/16 re: remval of belongings frm property by 11/6/16. any property not remved by 11/7 would be discrded and or packed and moved to a facility on 11/12.. As of midnight 11/6 no access to premises & belongings.permitted.Petioner is my father & his attrny is my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

More clarity is required here. If you were never served documents, you may be able to appeal the decision on that basis; but beware of the short deadlines for doing so. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Civil Litigation, Domestic Violence, Landlord - Tenant and Legal Malpractice for New York on
Q: no knowledge of action to evict my12 yr old & me until email 1day befre deadlne to remve belongings&further access thm

received email from petioner 11/5/16 re: remval of belongings frm property by 11/6/16. any property not remved by 11/7 would be discrded and or packed and moved to a facility on 11/12.. As of midnight 11/6 no access to premises & belongings.permitted.Petioner is my father & his attrny is my... View More

Michael David Siegel
Michael David Siegel
answered on Nov 11, 2016

You need to file an order to show cause ASAP. Court is closed today. Go Monday morning when it opens.

1 Answer | Asked in Legal Malpractice for New York on
Q: My lawyer missed a filing deadline, but I don't think it really hurt my case. Can I still sue him?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

In legal malpractice cases, you have to show actual damages and actual negligence. 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 practice website. I practice... View More

1 Answer | Asked in Employment Law and Legal Malpractice for New York on
Q: I get paid for 40 hours a week by my employer but overwork by 4-7 hours weekly without extra pay. Is this legal?

I work for a small, private medical office and get paid for 40 hours a week but constantly forced to stay after work hours by up to 7 hours a week for the past 2 years. Is this legal?

Barry E. Janay
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Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2016

Not legal if you are a non-exempt employee which most administrative staff are. Email me privately to discuss further how I can be of assistance...

1 Answer | Asked in Immigration Law and Legal Malpractice for New York on
Q: Does a spouse of a US citizen have the right for a lawsuit if he/ she was scammed?

Hello.

My sister is married to a US citizen. A lady offered her legal help saying that she will get her the green card faster and without interview because she has "connections". She took cash money from my sister and copies of her and her husbands personal information (passport,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

You can report this to the federal government. See: https://www.uscis.gov/avoid-scams/report-immigration-scams

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...
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1 Answer | Asked in Legal Malpractice for New York on
Q: How do I formally confront a lawyer who is ripping me off with email charges and using emails as a way to inflate bill?

I am 62-years old, and never had experience with using or needing a lawyer to defend me in a lawsuit. The lawyer's contract does state the charges by the hour and also states services billed by increments of the hour. Emails are charged by time spent reading and responding. This lawyer is... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

Suggest you look for a new lawyer, take your issues --and records--to the bar association fee dispute committee.

1 Answer | Asked in Legal Malpractice for New York on
Q: Lawyer brings to divorce court issues outside its jurisdiction. Is that a cause of action for legal malpractice?
Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2016

Lawyers often argue points that are disputable--they are required by the Code of Professional Responsibility (aptly CPR) to be "zealous advocates." It isn't malpractice for a lawyer to stretch the bounds of relevance. May be poor judgment, but that is different.

1 Answer | Asked in Estate Planning, Criminal Law, Legal Malpractice and Probate for New York on
Q: What are the consequences for probate estate lawyers who commit perjury?
Jonathan Damashek
Jonathan Damashek
answered on May 6, 2016

There are both criminal and civil consequences.

1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: a lawyer forged an assignment of mortgage on my property.

a lawyer forged an assignment of mortgage on my property. I found that he altered the instrument by erasure and put the TRUST information in the assignee field.

The TRUST was created 4/1/2003 and the instruments assignment date is 2/6/2003.

I prepared an affidavit of correction.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

You can report the forgery to the police. As for correcting the mortgage information, it depends on the facts and whether the case is currently in court or not. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: Do you know of any New York case laws regarding conflict of interest?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

It depends on the context. 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 practice website. I practice law in CA, NY, MA, and DC in the following areas of law:... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: Can a judge disclose what his judgement was GOING TO BE, after a stip of settlement was just signed by both parties?

Can a judge disclose, to the parties, how he was going to rule IMMEDIATELY AFTER a stipulation of settlement was just signed by both parties? Is this considered misconduct, especially when it caused one of the parties great emotional distress and lasting mental effects? As I see it, there was no... View More

Jonathan Damashek
Jonathan Damashek
answered on May 6, 2016

The short answer is yes.

1 Answer | Asked in Legal Malpractice for New York on
Q: Can I sue a judge in NY?

I was the victim of a bait & switch and successfully proved it in court … twice. The town judge found the defendant guilty and yet dismissed the case. The appeal judge found the defendant guilty and I was awarded 1/6 of what I asked for.

His convoluted ruling forces us to pay for 3... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

Your question lacks sufficient detail. Have a lawyer review the case. 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 practice website. I practice law in CA, NY,... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: Legal representation and conflict?

A parent hires an attorney for a child's legal matter in criminal court, and simultaneously hires the same attorney, to petition for a matter of child support modification in family court. Alleged statements included in that parent's Petition (seeking a downward modification of child... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 24, 2015

Was the "information regarding the child's criminal matter" disclosed by the child or by the parent? Was it incriminating information?

1 Answer | Asked in Legal Malpractice for New York on
Q: Unprepared lawyer for E.D. trial 2012. Hidden assets. Ex did not produce 75% of discovery docs.Malpractice?

My lawyer postponed the trial so many times that finally the day before the judge said, no more adjournments, tomorrow we start. Shouldn't he have subpoenaed the docs not produced?

Now he won't do much of anything since I have a large outstanding bill. However, he has been... View More

Adam Studnicki
Adam Studnicki
answered on Nov 11, 2015

More information is needed to evaluate. Sit down with a local lawyer who handles legal malpractice cases to go over what happened.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and...
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1 Answer | Asked in Legal Malpractice for New York on
Q: If someone graduated from law school and passed the bar exam, but are not practicing are they considered to be a lawyer?

Or must they be practicing to be classified as a "lawyer".

Adam Studnicki
Adam Studnicki
answered on Aug 5, 2015

It depends on how you defined lawyer and the context in which you want to use the word.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may...
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1 Answer | Asked in Legal Malpractice for New York on
Q: My attorney "withdrew" as my attorney two days before a hearing. Can I file a complaint with the bar association?

Not lucrative enough

John M DeProspo
John M DeProspo
answered on May 3, 2015

Hearings can usually be adjourned. I guess you could file a complaint. But more importantly, you need to hire another lawyer, if possible.

1 Answer | Asked in Legal Malpractice for New York on
Q: Former husband was a named plaintiff in an automobile accident case.

The case was dismissed by jury and filed on appeal. The parties were divorced shortly after the trial; during appeal. Plaintiff's attorney settled case for 200,000.00. Former husband was never compensated and was never informed of negotiations, agreement for settlement was reached and paid... View More

John M DeProspo
John M DeProspo
answered on May 1, 2015

Was the former husband's claim one for loss of consortium? Was any of the settlement amount for that claim? You need to speak with the attorney who settled the claim for the details . Chances are the settlement was only on the wife's injury claim.

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