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Florida Legal Malpractice Questions & Answers

1 Answer | Asked in Civil Litigation, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on

Q: Is there anyway I can sue the hospital for medical malpractice without my stepmother?

Terrence H Thorgaard answered on Aug 16, 2019

Assuming that your stepmother is the victim of the malpractice, no; you have no standing to sue, only she or her estate can do so.

2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Florida on

Q: Please google Michael Dowd vs Palm Beach Florida et al

Pubilc Defender utters forged Probable Cause Affidavits. Palm Beach County Clerk of court removed filed p.c. affidavit and replaced with a forgery.

Henry George Ferro answered on Aug 15, 2019

There is no question to be answered

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1 Answer | Asked in Legal Malpractice for Florida on

Q: Can my lawyer break my confidentiality with and tell my business to say my mother without my consent? My

I've been fighting a lawsuit for 5 years now and I just settled out of court and it's a company geology agreement between me and the other side and my mother decided to call up to the lawyer place today and ask them all kinds of questions and she got answers things that I don't even know

Terrence H Thorgaard answered on Jun 19, 2019

No, your attorney, or your attorney's office (i.e. "the lawyer place") should not have told her confidential information without your consent.

1 Answer | Asked in Business Law and Legal Malpractice for Florida on

Q: Can a representative from an attorney referall service legally go up to a homeless person to ask them if they need help?

I want to start an attorney referall service that reaches out to homeless people in hopes of connecting them with a disability attorney to help them get social security disability benefits. Can a referall service legally do this though?

Bruce Alexander Minnick answered on May 16, 2019

This question cannot be answered definitively without more information about the "attorney referral service" and more information about the specific kind of "help" being offered.

1 Answer | Asked in Employment Law and Legal Malpractice for Florida on

Q: Is the place I work for responsible for not telling me to wear mask near machines that expel solder fumes and flux?

I work for a solar panel manufacturer and was not told by leadership or any supervisor to wear a mask when near certain machines. In fact, I worked an entire week without once being warned about the fumes and it took a fellow employee telling me about the fumes before i was aware of them.

Mitchell Feldman answered on Mar 18, 2019

Any employer owes a duty to act reasonable and protect the safety of its employees

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on

Q: Seeking how I ask the Bench Judge to Censure Counsel for request to Withdrawal from my case based on an erroneous claim?

I have a Privileged and Confidential letter from my Attorney making mistaken statements about a previous COMPLAINT on file and which the Judge Agreed Upon. My Counsel warned me if I disagreed with his reasoning that he would quit. I need to know how to ask the Judge to review the filings on record,... Read more »

Griffin Klema answered on Jan 24, 2019

Generally speaking, you hold the privilege (and thus the right) to keep information confidential, or to reveal it under the attorney-client privilege. Disclosing information that your attorney provided to you may not be in your best interest however, and I recommend you have another attorney review... Read more »

2 Answers | Asked in Legal Malpractice for Florida on

Q: Am I covered by legal malpractice insurance for any mistakes my summer interns make without my knowledge?

Terrence H Thorgaard answered on Nov 30, 2018

Let me get this straight: if you have legal malpractice insurance, I assume you are an attorney. And as an attorney you can't read the insurance policy as well as some anonymous person online, who doesn't even the policy to read?

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2 Answers | Asked in Criminal Law and Legal Malpractice for Florida on

Q: My attorney told the detective that "my clients aren't always truthful" when fishing for info. Is that an IAC claim?

Upon agreeing to be my counsel, he called the detective investigating me in an alleged criminal matter, to see what the investigation was about. The detective told him to talk to me. He (the attorney) then said his clients aren't always truthful with him. Could this be considered an example of... Read more »

Gary Kollin answered on Sep 8, 2018

Are you at an appeal stage? Have you resolved your case in the trial court?

Did you know about but stay with the attorney?

The courts do not favor a GOTCHA situatuion!

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2 Answers | Asked in Legal Malpractice for Florida on

Q: My lawyer won't respond to calls or emails and I'm afraid we're going to miss the statute of limitations deadline for my

case. What can I do?

Terrence H Thorgaard answered on Sep 8, 2018

Be sure that the lawyer has agreed to file suit in your behalf. Do you have a written retainer agreement providing that the attorney will do so? If not, find another attorney who agrees, in writing, to file the case before the specified date.

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1 Answer | Asked in Legal Malpractice for Florida on

Q: My attorney said if I got a second opinion he'd quit - can he do that?

Terrence H Thorgaard answered on Aug 3, 2018

Generally, an attorney can always quit, unless perhaps it's on the eve of trial, or some other circumstances apply so that you would be prejudiced by his sudden departure.

1 Answer | Asked in Legal Malpractice for Florida on

Q: I was pulled over because cop said it APPEARED my lights werent on,then said he relised they were on. Is that legal

When he walked up to truck he said did you have your lights on? I said yes they always come on when i start truck. Then he said i realized they were on. Then he said he smealt marijuana a called dog. Is that legal since didnt have reasonable cause for stop?

Terrence H Thorgaard answered on Aug 1, 2018

If in fact he found contraband, you may have an argument that he didn't have probable cause to stop you.

1 Answer | Asked in Criminal Law and Legal Malpractice for Florida on

Q: My friends attorney withdrew from his case didn't tell him he had a court date was arrested after paying attorney today

Arrested for robbery with a firearm and simple battery

Gary Kollin answered on Jun 28, 2018

He should be going to court in the next few days.

Either hire a new attorney or get a public defender. Get out of jail first. Then deal with the money

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Civil Rights and Legal Malpractice for Florida on

Q: Does Notice of Hearing need to state purpose of the hearing?

We are being harassed in civil lawsuit (ongoing for year now-Injunction prohibits us from harassing Petitioner, but allows Petitioner to relentlessly harass us-is there no end to this? Former rear neighbors' Pitbull broke into our pool cage former neighbors take us to court and their friend, the... Read more »

Jonathan A. Klurfeld answered on May 22, 2018

Generally, a notice of hearing is supposed to state what is being heard, just the title of the motion; unless the court set it and it is a case management/status conference with no specific item being heard.

You need to reach out to the county for each hearing you need assistance at per...
Read more »

1 Answer | Asked in Civil Rights, Animal / Dog Law and Legal Malpractice for Florida on

Q: Can the presiding Judge in an ongoing civil case give ex-parte legal advice to Petitioner-is legal redress available?

Former rear neighbor's Pitbull broke into our home and bit our Labrador.They then obtained Stalking Injunction against us after which they drove circles around our home videotaping us pulling weeds in our yard-attempting to elicit a response (we gave no negative response) then alleged we flipped... Read more »

Andy Wayne Williamson answered on Apr 9, 2018

Your situation is to complex to to answer via this forum with any detail.

The judge should not have exported commincation with either side. However the Judge can speak to one side in a Hearing if the other side refuses to go into the hearing.

I suggest that you hire an attorney to...
Read more »

2 Answers | Asked in Employment Law, Legal Malpractice and Sexual Harassment for Florida on

Q: Attorney who employed me asked me to marry him and exposed himself to me. What can I do?

Tina El Fadel answered on Apr 4, 2018

Call the police and report him and you can also contact the Florida Bar and report his inappropriate behavior.

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2 Answers | Asked in Personal Injury and Legal Malpractice for Florida on

Q: How long does my attorney have to pay me the share of the settlement in my case that was received?

They notified me two weeks ago that payment was received at their office and they would be sending me a check. We have already reviewed and signed a closing statement. We know how much money they are sending us. They have promised the check a week ago. Now I am getting excuses about their... Read more »

David Hughes Harris answered on Mar 22, 2018

There is no set timetable, but it should be reasonable and done as soon as practicable and possible.

Settlement disbursement timing always depends on the circumstances. If there are liens (e.g. Medicare, Medicaid, private health insurance, etc.) or health provider balances (e.g. doctor(s),...
Read more »

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2 Answers | Asked in Criminal Law, Collections, Legal Malpractice and Probate for Florida on

Q: Is a court order valid if it uses an incorrect case number?

Failure to pay court fines resulting in the suspension of my license. I was released from probation despite not paying the court $324 and now the order to suspend my license has a case number that doesn't match the number from the court's website or the number from my personal documents.

Terrence H Thorgaard answered on Mar 3, 2018

You could contest the suspension of your license, but before anything else is done I expect that the case number on the order will be corrected. If you are charged with driving with a suspended license, the charges will stick, in my opinion. You received a copy of the order and knew about it.... Read more »

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1 Answer | Asked in Legal Malpractice and Real Estate Law for Florida on

Q: Possible scam and extortion in a house sale, legal base for a case of damages compensation.

Buyer (Mr.F) knew from the beginning that he had IRS liens on his own assets, but he purposely dragged the sale out up to the loan underwriting process. Once the lien came out from the underwriting process, on the agreed closing date, he extorted the seller (Mr.G) into lowering the sale price for... Read more »

Jonathan A. Klurfeld answered on Jan 30, 2018

Highly highly unlikely. Mr G could have made his contract to buy contingent upon selling his home; or purchased after the selling closing. There was no literal gun to Mr G's head. Closings fall through all of the time and are not actionable beyond the deposit contemplate by the contract.... Read more »

1 Answer | Asked in Real Estate Law, Contracts, Landlord - Tenant and Legal Malpractice for Florida on

Q: I had a Keller Williams Realtor managing my rental property and the renters destroyed it. What can I do?

-broken doors, walls, screens siding, roof, floors; dog and cat feces everywhere.

Jonathan A. Klurfeld answered on Jan 7, 2018

Sue the tenants. The agent is irrelevant and is not the police and cannot be there 24/7 to make sure the tenants take care of your property. A property can be destroyed in mere hours, and it would be unreasonable fro landlord/tenant law to even check in weekly on the property condition inside;... Read more »

1 Answer | Asked in Employment Law and Legal Malpractice for Florida on

Q: is it conflict of intrest if a employee AKA plaintiff, judge works there also does hearing

plaintiff works at civil claims department where the same judge that is doing the hearing also works is there a conflict of interest.

Terrence H Thorgaard answered on Dec 2, 2017

You have file a lawsuit with the same civil claims department? Yes, you should consider asking for a change of venue, or that a judge from another county be assigned to your case.

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