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Arizona Legal Malpractice Questions & Answers
1 Answer | Asked in Family Law, Legal Malpractice and Contracts for Arizona on
Q: Hello, My question is, is it legal for a family member or anyone else to become an gaurdian without the person being

Without the person knowing? For some reason I couldn't finish my question.

Thank you

Mike Branum
Mike Branum answered on Sep 21, 2021

In an emergency situation it would be possible to obtain a temporary guardianship without the person's knowledge. A permanent guardianship would not likely be granted without having the ward appear before the Court.

2 Answers | Asked in Legal Malpractice and Probate for Arizona on
Q: Can an attorney legally conceal the fact that his client has died?

Please tell me there could be consequences for an attorney and beneficiaries who knowingly conspired to conceal the fact from the executor and estate attorneys that one of a will’s beneficiaries has predeceased the decedent. The deception preceded the beginning of probate, continued for several... Read more »

Andre L. Pennington
Andre L. Pennington answered on Nov 12, 2020

I do not believe that I totally understand what occurred. It sounds like their are some facts that have been left out of your question. Generally speaking a beneficiary does have to survive the decedent for a required period of time, and I am confused how an attorney would get a client during... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Arizona on
Q: Can a justice court judge deny the return of discovery items (DVD) from a defendant to view in his chambers?

During the hearing, I asked to show the DVD which would prove my innocence. The judge asked for my DVD after the DA said there was nothing worth watching on the DVD. The judge stated he would review the DVD in chambers and return it to me. I have since filed appropriate papers requesting the return... Read more »

Stewart Salwin
Stewart Salwin answered on May 3, 2020

A lawyer would have to look into the specific facts of this situation to see what is going on. In general, if you give evidence to the court it may have become part of the record, which could explain why the court still has the DVD.

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Is it legal for my accident lawyer to disclose if my case settled?

I'm 25..not a minor by any means. My mother called my attourney and asked for details about my case, which they told her had been settled. I didnt want her to know..its completely destroyed our relationship.

Tyler Young
Tyler Young answered on Apr 20, 2020

Sometimes yes, sometimes no. Often settlement agreements are "confidential" meaning there is language in your settlement agreement with the insurer and/or defendant that requires you and the lawyer not to disclose the terms of your settlement; except to a few types of people (bankers,... Read more »

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Hello , is it legal to commit perjury in a Arizona court case? The legal event was a hearing for fee arbitration .
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020


it is a crime, punishable with prison

3 Answers | Asked in Legal Malpractice, Criminal Law and Constitutional Law for Arizona on
Q: Is there a perceived or actual conflict of interest resulting from a former prosecutor turned legal defender?

Recently a case was assigned to a public defender (former prosecutor) to defend a man whos father had been prosecuted successfully by the same attorney many years prior. The son's case is not of the same charges as his father's prior case, however, the attorney remains in the same... Read more »

Gary Kollin
Gary Kollin answered on Oct 11, 2019

This is a wonderful academic question.

If your son feels the attorney is in conflict, then he should voice it to the judge.

If no action is taken, then he can send a request to the judge.

If an attorney here said there is nothing wrong, would you just drop the subject?

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1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Small Claims for Arizona on
Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?

Although, the woman stood there coughing and her voice gone, and having trouble breathing. The Walmart tech and staff refused to help her and insisted the lady was going to use the albuterol machine mouth piece for drugs (Walmart has the mouth piece for the machine on their website for sale, the... Read more »

Gary Kollin
Gary Kollin answered on Feb 2, 2019

While not the best, the machine can be used with only the tube and not the mouthpiece.

1 Answer | Asked in Family Law and Legal Malpractice for Arizona on
Q: Does the prohibition on my spouse's ability to use a divorce lawyer because I've had an initial consultation expire?
Randi Sirlin
Randi Sirlin answered on Apr 4, 2018

It does not expire. If you met with a particular attorney, that particular attorney should never meet with a person who has a grievance with you. The attorney has a fiduciary duty to you which will never expire.

If you have anymore questions, you should contact an experienced family law...
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1 Answer | Asked in DUI / DWI, Personal Injury, Civil Litigation and Legal Malpractice for Arizona on
Q: Victim of a drunk driver that damaged property exceeding $30,000 in repairs. Need a lawyer who can file civil suits.

The drunk driver was dismissed of all chargers. I am looking for a lawyer who can pursue a civil law suit and look into if there was any leniency towards the defendant. Victim feels as if there was not enough action taken for restitution and wants to sue the city of Yuma. Are there lawyers here in... Read more »

Priscilla Frisby
Priscilla Frisby answered on Feb 23, 2018

First you need to search for other possible insurance policies on which to make claims, but if there are no other policies available, besides the one you have exhausted, then you need to do an asset search on the liable party to see if it will be worth the return on your investment to file a... Read more »

1 Answer | Asked in Personal Injury and Legal Malpractice for Arizona on
Q: Are there any attys here in Az willing to go after an atty in Fla? Tried there and couldn't get help even from Fla bar!

Quick and easy-settled a personal injury case for $335 k and only got $7k after all was said and done-mislead us and provided funding through a company in NY which we believe is illegal because of the high interest rate!

Peter N. Munsing
Peter N. Munsing answered on Jun 30, 2017

I assume that the funding letters and the attorney conveyed to you the interest. Problem is you were strapped and probably bugged the attorney for money, right? However, call a member or three of the Fla. Justice Assn as there may be some statute that limits the amount of the whole that a funding... Read more »

1 Answer | Asked in Legal Malpractice for Arizona on
Q: I was convicted for a crime that the victims was in Flagstaff on a case and I was in jail for 2nd extreme DUI 2hr away

But my lawyer did the case for the victim on that Year. And I was convicted for a crime that no lawyer never look at my background and the victim until 2 year before the trial. Then my lawyer had to leave without putting my evidence, never been cross exam and witness in the case. And I have all my... Read more »

Adam Studnicki
Adam Studnicki answered on Jul 19, 2015

Talk to a local legal malpractice lawyer to determine if you have a viable claim. Be well.

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Is it a malpractice if a lawyer done a case for a victim 10 yr. Then was my lawyer and I was accuse for someone case.

Never cross exam me, my witness, evidence time, pay sub, the where about. That she was 2hr away in another case but accused me when I was in jail for 90 day for 2nd extreme DUI that the victims never knew.

Adam Studnicki
Adam Studnicki answered on Jul 19, 2015

This question is hard to follow. With all the pronouns, not sure who is who.

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Can judges write letters to newspapers about the police?
Adam Studnicki
Adam Studnicki answered on May 31, 2015

Judges can write letters to newspapers.

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