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Oklahoma Legal Malpractice Questions & Answers
0 Answers | Asked in Legal Malpractice, Identity Theft, Probate and Consumer Law for Oklahoma on
Q: Recourse for attorney using SSN for credit fraud in father's probate case?

I recently learned that the attorney handling my dad's probate case used my father's social security number to open lines of credit. I discovered this through a credit bureau notification about a new address on my dad's report. I spoke to the district attorney's office, but they... View More

0 Answers | Asked in Car Accidents, Civil Litigation, Consumer Law, Legal Malpractice and Personal Injury for Oklahoma on
Q: Address fraudulent chiropractor bills post-accident settlement.

I was involved in a car accident and settled the case for $50,000. Afterwards, a chiropractor issued multiple fraudulent bills, including charges for ten visits for my teenage daughter, though she only attended twice. Both my wife's and my own bills also show an inflated number of visits. My... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Oklahoma on
Q: Can I reduce charge if not intoxicated, parked asleep in OK?

I was charged with actual physical control for the third time in Oklahoma, resulting in 4 years of probation, enrollment in a substance abuse program for 14 months, and the loss of my driver's license. I believe my attorney did not do enough to defend my case. At the time of the incident, I... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like there are several key points in your case that could be important in seeking to reduce the charge. First, being asleep in your parked vehicle without being intoxicated can be a valid defense, as "actual physical control" typically requires evidence that you were in a... View More

2 Answers | Asked in Divorce, Legal Malpractice and Family Law for Oklahoma on
Q: Lawyer unresponsive in divorce case; not providing files

I've been dealing with my lawyer for two years regarding my divorce case. She hasn't contacted me in over a month, even after I sent a certified letter, and she isn't providing any of my information on file. I've tried reaching out via email and text. I'm particularly... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

You can hire a new attorney to file an entry on your behalf and they will be able to get all the information from the opposing counsel or from the court. Alternatively, you can file a termination of attorney with the court and then you can represent yourself pro se and the opposing counsel can... View More

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2 Answers | Asked in Car Accidents, Legal Malpractice, Personal Injury and Insurance Bad Faith for Oklahoma on
Q: Lack of lawyer communication after rear-ended by drunk driver in OK

I was rear-ended by a drunk driver while my special needs son was in the vehicle with me. I've requested all correspondence between my lawyer and the insurance company due to a lack of communication from my lawyer. I disagree with the final offer from the insurance company. Despite my requests... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

Sorry for your inconvenience during this time. First thing is if you are dissatisfied with the lawyer you currently have, then you are well within your rights to terminate their representation and hire a new lawyer. The new lawyer should be able to get the information from the original lawyer.... View More

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1 Answer | Asked in Employment Law, Intellectual Property and Legal Malpractice for Oklahoma on
Q: How can I pursue compensation for IBM-transferred patents post-retirement?

I retired from IBM in late summer of 2008 and reached a Seventh Patent Plateau before retirement. In 2005, I transferred to a different unit with a manager who had previously encouraged a hostile work environment. My patent awards depleted that unit's bonus award pool, and I received no... View More

James L. Arrasmith
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answered on Mar 20, 2025

Your situation with IBM regarding patents transferred after retirement presents a complex challenge, especially with the hostile work environment you experienced and the lack of compensation for patents later transferred to Google. Despite IBM's policy requiring patent rights assignment, you... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for Oklahoma on
Q: Can I sue a judge and DA for a conflict of interest during my husband's trial?

I'm seeking advice on whether I can sue a judge and a prosecuting DA who had a sexual relationship during my husband's trial, which led to his conviction. My husband's attorney learned about the affair once it became public, and it wasn't disclosed during the trial. Although the... View More

James L. Arrasmith
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answered on Mar 26, 2025

You may have grounds to sue based on this serious misconduct. When judges and prosecutors have undisclosed intimate relationships during trials, this creates a clear conflict of interest that can violate due process rights. The fact that both lost their professional licenses following an... View More

2 Answers | Asked in Bankruptcy and Legal Malpractice for Oklahoma on
Q: Steps to discharge dismissed Chapter 7 bankruptcy.

I filed for Chapter 7 bankruptcy on January 23, 2023, and it was dismissed and closed. It's still showing as dismissed on my credit report. I've tried to contact the person who helped me file, but I am unable to reach them. What steps should I take to get my bankruptcy discharged?

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

It would help to know why it was dismissed originally, but you can file a motion to reopen and discharge if you have corrected the issues that led to dismissal.

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1 Answer | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Oklahoma on
Q: I have been hurt and brused due too being poked not twice but 3 times then them letting blood into my tissue can I sue ?
Tim Akpinar
Tim Akpinar
answered on Jul 12, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. It doesn't look like a lawsuit that most firms would handle. Although your frustration is understandable, unless there were significant damages of a lingering nature, it sounds... View More

2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice for Oklahoma on
Q: Are there any lawyers available to assist me in a per se case?

I’m not seeking representation or legal advice, but I just need someone to make sure I get the right legal forms and make sure I file them correctly. I will everything for the case but I just need someone to kind of help me make sure it’s done right.

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2024

Your best option is to make inquiries with attorneys about your needs and see what kind of response you get. Some attorneys do handle such projects, but it could depend on the nature and size of the case. If it is large or contentious, some attorneys could be hesitant about a minor project which... View More

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Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?

The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More

James L. Arrasmith
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answered on Mar 21, 2024

In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Legal Malpractice for Oklahoma on
Q: Can I sue my sister (the co-signer) for selling my car without my permission/knowledge? And the dealership?

So I leased a car that my sister co-signed on. I fell a few payments behind while in between jobs so she had made about 4 months of payments on it. Come November I had finally got started at my new job and had planned to resume payments within two weeks, but she showed up to my house demanding that... View More

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

Yes. As she was only a cosigner and not an owner she had no rights of possession or sale (subject to anything that may have been included in the signed documents).

1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

T. Augustus Claus
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answered on Sep 20, 2023

In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not... View More

2 Answers | Asked in Medical Malpractice, Legal Malpractice and Personal Injury for Oklahoma on
Q: I thinkmy lawyer cheated me out of a large portion of a malpractice settlement. He did not have me endorse the check .

He did not deposit the check into a trust account but into his law firms account. And the check he wrote me came from from his law firm account.

He would not allow me to be on the conference call during settlement negotiations . I think had a fake mediator.

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

All of those points are suspicious for potential lawyer misconduct. While there are portions of settlement conferences where a client may not attend, a case cannot be settled without a client's express consent. The client should be provided with a written breakdown showing the settlement... View More

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1 Answer | Asked in Legal Malpractice for Oklahoma on
Q: What should I do if my lawyer has my settlement check and refuses to give it to me after 30 days In Tulsa Oklahoma?
Dale S. Gribow
Dale S. Gribow
answered on Feb 21, 2023

contact a local lawyer in that state.

just because a lawyer has the money doesn't mean s/he can disburse.

s/he may be waiting for bills or trying to cut bills to get more money FOR YOU.

ask your lawyer what the problem is.

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Oklahoma on
Q: Lawyer.told.temp.order.hearing.Judge I passed.on.hearing,but.both.parties. want.mediation.I did neither.is this.legal?

open Cust/pat. 6 months.moms withholding all contact. 3 weeks ago I insisted no more offers, time, no mediation its been 6 months. I need my kids.He filed. Medically i was not ble to be there. I asked him if we can continue it, said he will.he Emailed me: we got the continuance, but.judge.ordered... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 28, 2022

Many courts REQUIRE Mediation before a case is set for trial. This is a good opportunity for you to settle the case. Try to hire an attorney to advise you a" the mediation. Hopefully you can settle your case then. Good luck.

1 Answer | Asked in Child Custody, Family Law, Legal Malpractice and Native American Law for Oklahoma on
Q: Is there is remedy or justice available out there other than Legal Aid for people who have been screwed over

I know Ive heard of Pro Bono but does that service even exists - I was represented by a legal aid attorney recently and I would have been better off representing my self.

Anna L Self
Anna L Self
answered on Sep 1, 2021

Most pro bono attorneys are referred cases that Legal Aid does not have time to handle.

There are very few resources for free legal services other than legal aid unless you are Native American. If you are Native American then you can contact the tribe to see if they have free legal...
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1 Answer | Asked in Contracts, Employment Discrimination, Employment Law and Legal Malpractice for Oklahoma on
Q: Hello! I run a small business in OK teaching out of a home and am needing to let an employee go. I need help legally!

If the employee signed an at-will agreement, does that mean I can let them go without explanation? The reason is bc they are causing dissent among staff but there is no real way to prove it. I cannot say they are lying without proof but we know they are due to other facts. Can we fire them for... View More

Charles Watts
Charles Watts
answered on Aug 29, 2021

Regardless of good cause or not, you can still be sued. That doesn’t mean the other person will win but you still have to defend it. As far as Oklahoma is concerned we are an at-will state meaning you can terminate an employee at will, so long as it does not fall under the discrimination... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Oklahoma on
Q: How do i begin to file for a re-sentencing or bring it to the court's attention of an 8th amendment right being violated

Was charged with a crime that should have essential been lowered, is admitting guilt but it should have been a lesser charge,was not made aware of any plea bargins,never made an initial statement, wrong lawyer is on paperwork, mental state and being extremely intoxicated was not mentioned

Pete David Louden
Pete David Louden
answered on Jan 31, 2021

The best place to start would be to consult with criminal defense or appellant attorneys that have a lot of experience with post conviction relief. The attorney would need to review your case in detail and then would be able to explain your best options.

1 Answer | Asked in Personal Injury and Legal Malpractice for Oklahoma on
Q: Can a mistrial be declared if my lawyer lied to the Judge on a case predjudicing him for the following trial?

my attorney told the Judge I was a felon on a probate administration and stopped me from becoming administrator. then the judge is on the bench at a quiet title action with a pre conceived image that I am a felon and I loose the case

Pete David Louden
Pete David Louden
answered on Aug 6, 2020

Are you a convicted felon?

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