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Alabama Legal Malpractice Questions & Answers
1 Answer | Asked in Estate Planning, Landlord - Tenant, Legal Malpractice and Probate for Alabama on
Q: Does a handwri statement have to be certified in order to make it legal.

Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

The probate court would need to determine that the handwritten statement satisfies the requirements for a holographic will. You will probably need a probate attorney to help you.

1 Answer | Asked in Legal Malpractice for Alabama on
Q: personal injury lawyer never returns phone calls/emails after status updates. help

I have no idea of status of case after 8 mos was needing a pre-settlement loan, which he could have said no, but said nothing No communication. I am supposed to get all medical histories but have no car. Adjuster has no idea of worth of case or progress.Finally he called and said he'd agree to... Read more »

J. Brent Burney
J. Brent Burney answered on Feb 14, 2020

Your attorney is typically responsible for dealing with Medicare issues. The MSP and Medicare liens can be a complicated matter. All that I can advise is that you set up an appointment with your current attorney to discuss your case and concerns. Good luck.

2 Answers | Asked in Personal Injury, Products Liability, Health Care Law and Legal Malpractice for Alabama on
Q: Child’s doctors office didn’t return calls, gave bad advice over phone about 4 week old baby.

I called my child’s doctor office multiple times trying to get a appointment for that day and wasn’t getting a response, I told them my child’s symptoms and his age multiple times only to get a call 30 minutes before they closed. The lady on the phone told me she would go ask a doctor and... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 25, 2019

I'm sorry for the ordeal your baby and you, as a parent, went through. A med mal attorney would likely want to review the records with a medical professional to make a more meaningful assessment. In terms of the telephone exchanges, an attorney would have additional questions regarding what... Read more »

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1 Answer | Asked in Gov & Administrative Law, Tax Law and Legal Malpractice for Alabama on
Q: I have received a letter from the State of Alabama Dept of Revenuel Notice of Preliminary Assessment for the year 2010.

Received a letter when I filed these taxes that I had filed to late to receive a return. Filed through Liberty tax service who did not file 2013 taxes till 2017. Don't understand what is going on or what to do, Can you help

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 13, 2019

You only have a certain period of time to file a return claiming a refund or else you forfeit the refund. It sounds like you filed a return too late to claim the refund and the state tax department is notifying you of that. There's nothing you can do about the refund. You may have recourse... Read more »

1 Answer | Asked in Wrongful Death and Legal Malpractice for Alabama on
Q: As far as finding a lawyer to file criminal charges against the reasonable party, because my little brother hard lawyer

He didn't file criminal charges as I instructed him. And because of that he had no weight to win at trial. Now I see I have to seek counsel for my father's wrongful death.

Peter N. Munsing
Peter N. Munsing answered on Mar 22, 2018

Only the DA can bring criminal charges. You cannot. So maybe your brother's lawyer is OK.

1 Answer | Asked in Family Law and Legal Malpractice for Alabama on
Q: Can your child's counselor be allowed to be in contact with one of the parents lawyers.

My daughter has been seeing a counselor for emotional stability during her fathers and I's separation. I've found out on social media that he's been in contact with our child's counselor and that counselor has been talking to his lawyer and making comments such as "Dont... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 10, 2017

An attorney can be in contact with any person who is a potential witness. You are not correct in thinking that the lawyer may not contact the counselor. There are limits to what the counselor can disclose, both in and out of the Courtroom, but there is no prohibition against an attorney contacting... Read more »

1 Answer | Asked in Legal Malpractice for Alabama on
Q: Can a lawyer file a motion to withdraw from my case without notice, then pretend they are still representing me?
Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2016

Until allowed to withdraw by the Court they are your attorney. So the answer depends on specific circumstances. However you may wish to focus on getting replacement counsel.

1 Answer | Asked in Legal Malpractice for Alabama on
Q: I am attempting to obtain open records from a fire department. Their attorney refuses to release them. Can I file a

Complaint to the state bar? What rules has he violated?

Adam Studnicki
Adam Studnicki answered on Nov 16, 2015

More information is needed to answer. It is not necessarily the case that any rules were violated. Their attorney doesn't represent you.

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...
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1 Answer | Asked in Legal Malpractice for Alabama on
Q: My lawyers office is locked, number is disconnect, cell phone goes to voicemail. He is not returning my email

I hired a lawyer on a contingency basis, we filed a lawsuit, did discovery, depositions, mediation. The last time I heard from him was about 9 months ago when Traveler's Insurance lawyers and engineer wanted to take pictures of the mold in my house. Since I haven't heard from him I... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 16, 2015

Talk to another lawyer and/or the State Bar ASAP.

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 it may not work for your specific situation. It is impossible to evaluate a legal...
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