Lawyers, Answer Questions  & Get Points Log In
Ohio Legal Malpractice Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Legal Malpractice and Military Law for Ohio on
Q: My lawyer signed away my rights without me knowing. Should I sue?

I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 5, 2021

Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire... Read more »

2 Answers | Asked in Family Law and Legal Malpractice for Ohio on
Q: Me and my ex share a kid and she is forcing me to get the covid vaccine if I want to continue seeing my kid. Is it legal

She already didn't let me see him for over two months because our Governor had the stay at home order in Ohio and now she is forcing me to get the vaccine if I want to continue seeing my son. I wondering if all this that she is doing is actually legal.

Joseph Jaap
Joseph Jaap answered on Mar 15, 2021

If you were not married to her, and if no court has granted you any parental rights, then she has sole custody and gets to determine who gets to spend time with the child, or even deny time completely. You could apply to the court for parental rights, but a judge might agree that she can refuse... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Legal Malpractice for Ohio on
Q: If a person retains a lawyer for someone else, are THEY his client? Or is the Defendant his client? Who holds a-c priv?

My husband's mother retained a lawyer to represent him. We have asked the attorney repeatedly not to give details of the case to his mother. This lawyer has shared INTIMATE details of his case with his mother, even going so far as to show her the bodycam footage of the incident! He insists... Read more »

Matthew Williams
Matthew Williams answered on Feb 16, 2021

Your husband has a attorney client privilege. Revealing information to his mother without his consent is a violation of that privilege. See Ohio Rules of Professional Conduct 1.6 and 1.8(f). Your husband, not you, not his mother, has the rights of the client which include the right to fire his... Read more »

1 Answer | Asked in Legal Malpractice for Ohio on
Q: When will my deadline start for me to file a legal malpractice lawsuit against a former lawyer?

My brothers lawyer failed to tell him about a 10 yr plea deal. Its been seven years since his conviction where he got life. It was uncovered last year that a email was sent to the lawyer about the 10 plea deal before his trial 17 years ago. A firm filed a post conviction in February to the trial... Read more »

Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Dec 21, 2020

Hi, your question comes up very often. The first to do is to focus on winning the post-conviction petition. Many states have a rule that the plaintiff (former prisoner) has to establish actual innocence before filing a lawsuit. So, I would focus on that requirement before worrying about a... Read more »

1 Answer | Asked in Legal Malpractice for Ohio on
Q: Can a lawyer get away with it?

I just got done with a custody battle with my boys dad. His lawyer and I have to go sign papers at court on friday. She has been texting me trying to get me to sign so we dont have to go Friday. She added things that were not talked about or agreed to, so I will not sign. Now she stating she going... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Feb 13, 2020

In Ohio, it is not uncommon for custody battles to end in this ways: 1) the parties come to an agreement that is read into the record in court, 2) the judge then orders an attorney to write up the agreement matching those terms before a specific date in the future and 3) the court set a hearing... Read more »

1 Answer | Asked in Legal Malpractice, Probate and Wrongful Death for Ohio on
Q: Where can I get a pro bono. Lawyer to look at my case to see if i have grounds


Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Jul 3, 2019

If you call me at (614)855-3126, I will be happy to discuss your case with you.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Legal Malpractice for Ohio on
Q: How can my wife remove my name from our joint mortgage loan without me knowing until I found out on my own? 2162338367

I damaged my skull after falling down stairs in 2011. No drugs or alcohol tested for at the hospital. We agreed on a separation for me in an apartment because we did not want to let the kids see any seizures I might have. No separation of marriage or divorce but she said that we are separated by... Read more »

Denise Rini Esq
Denise Rini Esq answered on May 8, 2019

The only recourse is to contact Wells Fargo for the bank policies.

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Ohio on


Matthew Williams
Matthew Williams answered on Oct 8, 2018

Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the... Read more »

1 Answer | Asked in Civil Litigation, Elder Law, Legal Malpractice and Medical Malpractice for Ohio on
Q: Mom is 66 I have POA,she sold LLC, she was president, now they are trying for her personal assets,she has none,on ssi?

Original buyer never paid full amount for business, we obtained a judgment, our attorney did not act on the remainder due( we will be sueing him- that's another story) they appealed, now they are claiming she hid business assets- untrue, she lost her home, had major medical problems and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 12, 2018

I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.

1 Answer | Asked in Legal Malpractice for Ohio on
Q: Can an obgyn doctor legal drop a patient from them who is 27 weeks pregnant?

My wife and I have been seeing an obgyn for several months now and we just got a letter in the mail saying that due to failure to keep a good relationship she is dropping my wife as a patient who is 27 weeks pregnant. We are always nice and respectful to her and the office when we are there.

Matthew Williams
Matthew Williams answered on Jul 23, 2018

Generally, when a doctor says "failure to keep a good relationship," they mean failure to pay the bills. I am aware of no law that requires any doctor to continue seeing a patient really under any circumstances. Emergency rooms have to stabilize folks but that;s about it.

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Ohio on
Q: regarding questions

I was originally arraigned for F-3 Domestic Violence, F-4 Attempted Domestic Violence, and F-3 Abduction from Municipal Court, bound over to Common Pleas. The Grand Jury indicted me on Attempted Felonious Assault and Abduction. The Judge, in arbitrium judicis, as a one man grand jury, added a... Read more »

Matthew Williams
Matthew Williams answered on Mar 30, 2018

It sounds like you need to hire an attorney (stop trying to be your own attorney) and file an appeal.

2 Answers | Asked in Legal Malpractice for Ohio on
Q: Can I fire my lawyer even though I signed a contract? I was injured in a car accident called a lawyer he presented

Himself like he would be on it. 10 months has passed I've never met him. I have no idea what's going on with the case. When I call a paralegal answers. I feel something isn't right. I've waited 15 days for a return call just to be the paralegal again.

Adam Michael Russell
Adam Michael Russell answered on Dec 2, 2017

The short answer is yes. You should be free to choose your attorney. Consult your fee agreement to see if it contains any terms addressing termination of the contract. Is some situations, the attorney may assert an interest in any future recovery for the case under the theory of "quantum... Read more »

View More Answers

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Small Claims for Ohio on
Q: Vet malpractice small claims court advice.

I took my dog to the vet. The vet did an Xray and said there is a foreign object that needed to be removed. The vet did the surgery and found that it was a dog treat which i told him i had given him before i left home and also asked if we could induce vomiting for the object. They still want me to... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 17, 2017

The case would be decided on the evidence and testimony that you present in court. The vet would present evidence of giving reasonable care under the circumstances. The court would then decide if you met the burden of proof with a "good case." Small claims court can decide cases... Read more »

2 Answers | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for Ohio on
Q: Malpractice in Ohio .

I had surgery January 5th of 2016 my last office visit with my surgeon was January 25 of 2016 . My nerves were not healing properly in his office noted that it would take up to at least a year for them to return . Recently it's causing me suffering I can no longer work. I went to see another... Read more »

Matthew Williams
Matthew Williams answered on Feb 28, 2017

You are probably not too late. Statutes of limitations are measured in years. It is, however, important to speak with an attorney as soon as possible to get the ball rolling on your claim.

View More Answers

1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Legal Malpractice for Ohio on
Q: I am starting a dissolution or divorce with my with wife. Can her brother who is a lawyer in Florida represent her?

He has not passes the Ohio Bar exam.

Joseph Jaap
Joseph Jaap answered on Jan 13, 2017

He cannot appear in court in Ohio as her attorney or file any documents on her behalf as her attorney. But anyone can give her advice, even him.

1 Answer | Asked in Legal Malpractice for Ohio on
Q: Is this legal malpractice?

Attorney has agreement to represent corporation whose negligence caused damages to my clients' home. Insurance company covered damages. Attorney does not represent insurance company. Attorney will not let insurance company release settlement check without my clients signing a "global... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 22, 2015

Probably not at all.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.