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Florida Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for Florida on
Q: Attorney settled PI case w/out consent; insisted it is legal. FL Bar was contacted and case opened. Now what?

After non-consented settlement, no further documents were signed.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 28, 2024

You reported your attorney for malpractice, so the attorney is probably going to keep the settlement money in trust until and unless the Florida Bar tells him to disburse it. He can't very well keep part of it for himself if he's not supposed to do so; on the other hand if what he did is... View More

2 Answers | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: I paid in full for a chapter 7, the attorney appointed to me did not file in a timely manner

After the attorney was appointed to me, I hired him as my divorce lawyer. At the time of final payment for bankruptcy he had all my current financial info. He did not file in a timely manner and has yet to honestly or validly explain why he did not file as soon as my last payment was made which... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2024

The question raises several interesting points:

1. What were the circumstances involving an attorney being appointed to represent you in a bankruptcy case? Normally you would retain a bankruptcy attorney, not have one "appointed" to represent you.

2. You say the...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Florida on
Q: My Public Defender LIED about what 'adjudicated' meant to get me to plea guilty. Is there a Statute of limitations?

REVISED. 25 yrs ago I was arrested with a serious charge. My PD was Mad because I wouldn't plea. I Firmly stated I was innocent and only plea, NOT guilty! The Judge's counsel, however, was, 'one never knows how a jury will vote, so if the outcomes bad [jail] perhaps a plea is... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for Florida on
Q: If my PD made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC do I have case

The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More

James L. Arrasmith
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answered on Jul 20, 2024

You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More

1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: Hi there! Question: if there is an outstanding motion for default for filing an untimely answer, can the complaint amend

A court issued an order denying motion to dismiss and did not dismiss 2 counts, legal malpractice and tortious interference w/ co. They filed answer 3 days late. I filed motion for default. The court allowed me to freely amend. And did not prescribe time for either party to respond or amend. So the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 20, 2024

If the defendant doesn't file an answer in a timely manner, a motion for default can be filed, but generally, an answer can be filed any time before default is entered. If you move to amend, you can't expect a default until the time to answer the again-amended complaint again runs.

1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Need citation precedent establishing that a pharmacy negligence governed by 3-4 years Statute of limitations in Florida

A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More

Charles M.  Baron
Charles M. Baron
answered on May 15, 2024

Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More

2 Answers | Asked in Legal Malpractice and Personal Injury for Florida on
Q: Can I sue for legal malpractice if my attorney accepts an offer without my consent and/or negligence?
Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

If your attorney accepts a settlement offer without your consent, your first move should be to determine if the settlement can be revoked, either with the opposing party's consent or instead via a motion to the Court. First speak to your attorney who's been representing you in the case... View More

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for Florida on
Q: Hi, my attorney just filed a motion to withdraw due to mconcerns of unfair practices: he cxl my mediation I need help

I have a trail date already in place that he requested to leave for March 2024. He canceled my mediation and put in a motion to withdraw the day before my mediation. I still showed up to mediation but no one was there

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Florida attorney could advise best, but your question remains open for a week. The first thing to do could be to learn about the withdrawl, whether it was with prejudice or without prejudice. Withdrawing a case with prejudice generally means no rights reserved to refile the case. Withdrawing... View More

1 Answer | Asked in Legal Malpractice for Florida on
Q: Looking for Malpractice Attorney in Jacksonville Florida

Already Filed and Served a Complaint. Case No. 16-2024-ca-003796

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 28, 2024

So much for being anonymous. There are legal malpractice lawyers in Jacksonville - use the internet. Legal malpractice cases are some of the most difficult cases to try, because they are basically a case within a case. many lawyers will not take cases that people file on their own because they are... View More

1 Answer | Asked in Family Law and Legal Malpractice for Florida on
Q: How can I get my money from the clerk of courts

I had a bad divorce a few years back I'm still fighting and we had to sell the house and the proceeds were going to pay off the debt that was in our names her attorneys is appointed the money Long story short he was ordered by the judge to return all the money to the clerk of Court and now I... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2024

You need to file a motion with the Court asking for an order directing the clerk to pay you the money. Are you certain the money was deposited?

1 Answer | Asked in Legal Malpractice for Florida on
Q: I am looking for an attorney to help me with the documents I did to file a JQC and Fl Bar Complaint before I send them

I need legal advice to determine whether the documents I am providing with my complaints are sufficient and to ensure that my complaint is properly written.

Joel Gary Selik
Joel Gary Selik
answered on Sep 9, 2024

Find an attorney using this search tool https://www.justia.com/lawyers

Note, if you will bring a legal malpractice case, it might be best to wait to file a bar complaint—discuss this with legal malpractice attorneys.

1 Answer | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: Is it normal for my bankruptcy attorney to not research questions I have? All I keep getting is "I don't know

When I ask that he find out, he never follows up and gets the question asked with the trustee.

James L. Arrasmith
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answered on Jul 18, 2024

It isn't typical for your bankruptcy attorney to avoid researching your questions. A competent attorney should address your concerns and provide clear answers. If they don't have the information immediately, they should follow up and find out for you.

Good communication is...
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1 Answer | Asked in Legal Malpractice for Florida on
Q: My lawyer had me sign closing statements for both insurance Co. After signing them, she told me that 1 of the checks

Would not be coming and there's nothing more that they can do. This sounds wrong, are they robbing me?

Joel Gary Selik
Joel Gary Selik
answered on May 20, 2024

I don't know that they are robbing you, but it does not sound right.

1 Answer | Asked in Contracts, Personal Injury, Insurance Bad Faith and Legal Malpractice for Florida on
Q: I have a roof claim that was settled through mediation in Jan, it is now May with no release or money, what can I do?

My attorney claims he has been "hounding" the insurance company, the insurance company tells me they have not received payment instructions, my attorney says he sent them. Lots of finger-pointing while my family and I are being financially harmed because we can't get homeowner's... View More

Joel Gary Selik
Joel Gary Selik
answered on May 10, 2024

What you are going through is not uncommon. I now add to agreements a date certain, where possible. Your attorney can threaten to pull the settlement or make a motion to enforce.

2 Answers | Asked in Legal Malpractice for Florida on
Q: I have questions about at least 1 maybe 2 possible legal malpractice suit and am nervous now about who to trust talk to
Joel Gary Selik
Joel Gary Selik
answered on Nov 20, 2023

Your concern is understandable. But, attorneys you contact are required to keep your information, and that you even contacted them, confidential.

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1 Answer | Asked in Federal Crimes, Internet Law and Legal Malpractice for Florida on
Q: Hello. I have a massive problem with it and I don’t wanna listen to music settlement for part of the Facebook settlemen

Hello, I got a settlement and part of it from Facebook at $750,000 and he was in to my cash app with a link to my. I have not seen any of them his money at all and almost all of it is COMPELTLEY GONE I’ve been in jail from April 14 till August 28 and I didn’t get any of that money and... View More

James L. Arrasmith
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answered on Oct 18, 2023

I'm sorry to hear about your situation. First, if you believe there's been unauthorized activity on your Cash App account, you should contact Cash App's support immediately to report it. For substantial settlements like the one you mentioned from Facebook, it's crucial to have... View More

2 Answers | Asked in Family Law, Legal Malpractice, Estate Planning and Probate for Florida on
Q: Is my situation grounds for a lawsuit for legal malpractice? Negligence?

I hired counsel for my mothers probate in 3/2020. I told her if the process risked my mental well-being i didn't want anything to do with it. She advised it would be a simple probate, told me to move into the home to protect it by homestead, told me I would be able to sell the house within 6... View More

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well... View More

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1 Answer | Asked in Probate, Real Estate Law and Legal Malpractice for Florida on
Q: What are my first steps to sue someone suspected of fraudulently using my signature to petition the court for a probate

I was working with an investment agency who turned out to be a bunch of crooks to try to sell the home in my parents estate. I suspect he photo copied my signature off the contract, which is filled with manipulative verbiag, to use on several petitions to the court to change the address for all... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 27, 2023

The first step would be to consult with attorneys.

The next steps are likely to petition the Court. Thereafter, it would be to initiate a lawsuit against the fraudsters.

1 Answer | Asked in Traffic Tickets, Civil Rights and Legal Malpractice for Florida on
Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?

The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is... View More

1 Answer | Asked in Legal Malpractice for Florida on
Q: Can the FL Bar dismiss or close an attorney complaint file based on the attorney's prior good standing?
T. Augustus Claus
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answered on Jul 12, 2023

The Florida Bar has the authority to dismiss or close an attorney complaint file, but the decision would depend on the specific circumstances of the complaint and the findings of their investigation. Prior good standing of an attorney may be a factor considered during the review process, but it... View More

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