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Florida Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for Florida on
Q: Can associate lawyer from a firm representing me jump ship, start practice and represent my ex against me to modify

Divorced 2010...ex trying to modify and just found out her attorney is an associate attorney of the law firm who represented me in my divorce. Conflict of interest?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2020

Yes, it would appear to be a conflict of interest.

1 Answer | Asked in Real Estate Law and Legal Malpractice for Florida on
Q: We purchased our home in Oct 2017. It was sold as city sewer and water. We have problems with toilet and found no city

Sewer. We have a bad septic sewer and need a new one put in! In the last few months we spent over $500 to get it pumped. Help

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 12, 2020

You would need to consult with a real estate attorney to review your purchase agreement, which we obviously cannot do online in this forum. If it was only on the listing you likely would not have any recourse in this matter. It is important to use a real estate attorney when purchasing property... Read more »

2 Answers | Asked in Legal Malpractice, Contracts, Identity Theft and White Collar Crime for Florida on
Q: USING A HYPHENATED NAME ON A NOTARIZED DOCUMENT: THE NAME CHANGE GAME - TRICKERY TO AVOID LEGAL LIABILITY

Someone has been financially gaining by using a different name on documentation which has been notarized (as required to be valid and binding) but, the name does not match the legal name or initial on the FL ID. For example: the person's name is "Tom Smith Jones" (First, Middle and... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 7, 2020

To answer that question, a review of all relevant documents and communications would be required because notarization is not normally needed to create an enforceable contract. So the issue is whether the faulty notarization makes a difference, as opposed it being irrelevant because of having a... Read more »

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1 Answer | Asked in Legal Malpractice for Florida on
Q: What type of attorney do I need to sue for malpractice of another attorney ( federal attorney) My case is SOLD.
Clifford B Cohn
Clifford B Cohn answered on Aug 7, 2020

Legal malpractice cases presnt unique problems. There many attorneys who specialize in legal malpractice cases. Do a search on Justia/Avvo/Google

2 Answers | Asked in Legal Malpractice for Florida on
Q: Is it typical for an attorney demand 33 1/3%-40% plus a contingency contract referring to advanced and inhouse costs

This is for a dog attack that occurred at my residence where the 2 dogs forced their way into our yard to attack my dog,fiancee and myself

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2020

Florida lawyers are allowed to charge up to 40% based on the NET amount recovered; "net amount" means the amount remaining AFTER the lawyer recovers all the costs and expenses of the litigation paid by the lawyer.

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1 Answer | Asked in Legal Malpractice, Health Care Law and Medical Malpractice for Florida on
Q: Florida pain doc. His ARNP is forcing me that I either get a pain pump or a spine stimulator implant. Is this legal?

The docs ARNP is forcing me to get the pain pump or the spinal stimulator implanted or cut me as a patient. I don't want anything inserted surgically when the pill that they give me is working. Can they legally force me to have one or the other surgically done? I feel like this is a crime?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

Just say no. If they refuse to treat you anymore, so be it; get another health care provider.

2 Answers | Asked in Family Law, Immigration Law and Legal Malpractice for Florida on
Q: Legal immigrant married to a US citizen husband wanting to get her pregnant against her will refusing to provide pills.

Also, wife is a green card holder. She's currently unemployed and can not afford it. Does husband of one (1) year, have right to refuse his obligation to get her pregnant against her will? Can she file a complaint and get her husband to provide contraception?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on May 5, 2020

Your question is confusing. I would encourage her to reach out to the many local organizations that can assist with free or low cost birth control if this is something that she is seeking. There is nowhere to file a "complaint" against a husband who is not being a "good"... Read more »

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1 Answer | Asked in Legal Malpractice and Uncategorized for Florida on
Q: I had an attorney who has fell off the face of the earth. I need to know how I get him off my case so I can proceed fwd?
Rand Scott Lieber
Rand Scott Lieber answered on Jan 27, 2020

If you cannot get in touch with your attorney you can call the judicial assistant to schedule a status conference. At that hearing you can notify the court that you will be moving forward without an attorney. You could also meet with another attorney to see if they are willing to take over your... Read more »

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Q: How long can a fired attorney in FL withhold a settlement?

If multiple insurance companies are being sued and 1 settles, and the settlement check put in escrow by attorney. Client then fires attorney and hires new attorney who takes over case. Can the fired attorney continue to withhold the settlement and for how long... or does fired attorney have to... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 22, 2020

There may be circumstances in which the attorney can hold the settlement funds in his/her trust account, pending global settlement of the case, but if he/she does, he/she must fully communicate with you the reasons for doing so, and might also need to file a motion in court to determine what to do... Read more »

1 Answer | Asked in Legal Malpractice, Child Support, Civil Litigation and Public Benefits for Florida on
Q: How do I file a response to a motion from DOR for ridirection of payment?

I received a motion that my very bad attorney said nothing about and that was on the 5th and I went into the hospital for cancer surgury right after. My ex has been fraudulently receiving medicaid benefits while she has been running a lucrative side business and I have the PI reports. I have never... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 25, 2019

Even if your attorney has moved to withdraw, she is still obligated to respond to this motion until her motion is granted. Condition your consent to withdrawal upon your being given sufficient time to find another attorney and for that attorney to respond to the pending motion.

1 Answer | Asked in Legal Malpractice for Florida on
Q: If an attorney fails to file notice of intent in a timely manner what code or ethic does this violate?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2019

Notice of intent to do what?

1 Answer | Asked in Legal Malpractice for Florida on
Q: Can a husband and wife share a lawyer in a dcf case? Or do they each need their own lawyer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless the husband and wife are on the same side of the issues and arguments with DCF it is improper for any lawyer to try to represent both spouses. There would be an obvious conflict of interest in doing so.

1 Answer | Asked in Legal Malpractice, Probate, Securities Law and Stockbroker Fraud for Florida on
Q: Can a Florida spouse/POA/ PR be sued to recover inheritances after estate admin closed?

If illegal/egregious actions by stepmother/POA/PR were recently learned of by daughter beneficiaries, and estate admin was closed August, 2018, do we have options to sue or recover estate assets (money)? (Date of death 5/2017) One of several issues involves fathers long-time advisor. Investment... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 10, 2019

At this point you should probably see an attorney who specializes in securities fraud to ascertain whether you have an action against the investment firm for changing type of account without proper authority.

Other issue is whether there was fraud on the court as far as the probate...
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1 Answer | Asked in Family Law and Legal Malpractice for Florida on
Q: if a minor goes to someone’s house against their parent’s wishes, can the person who owns the home get in legal trouble?

if the adults residing in the home allow the minor to stay, can they get in any legal trouble? the minor is 17 years old

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 25, 2019

Yes.

2 Answers | Asked in Legal Malpractice and Landlord - Tenant for Florida on
Q: Is renter or owner responsible to replace sod in yard?

I have tried methods to resolve over the 3 years I have lived in this house. Nothing held up. All other houses around me have added new sod over that time. I have had several companies come out to assist. All recommend new sod. Landlord is saying this is my responsibility. A daily fine will... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 9, 2019

It depends on the terms of your lease, but I expect that the local government or HOA (whichever is threatening the fine) will have to go after your landlord.

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1 Answer | Asked in Adoption, Family Law, Child Custody and Legal Malpractice for Florida on
Q: Am I able to undo an adoption if it was done illegally or using intimidation?

When I was 19, I was going to give my newborn up for adoption to a close friend. They moved with her from Florida to Georgia, nothing finalized, and I changed my mind. They took me to GA court, which resulted in GA removing my child from their care, but GA put her in foster care. I did everything I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 2, 2019

You did not tell us how many years ago this happened to you, but I am guessing that is must have been more than 10 or 12. If so, the controlling statutes of limitation have expired and there is nothing you can do about it.

Practically speaking--if you still love YOUR child as much as it...
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1 Answer | Asked in Legal Malpractice, Juvenile Law and Sexual Harassment for Florida on
Q: Can my friend 20 year old be with a 15 year old legally? She lied about her age and said she was 18. Her dad found out.

The dad wants to press charges against my friend. She was completely okay with the relationship. And gave her consent. But she lied about being 15 and said she was 18. He didn’t know until the dad reaches out and said she was only 15 and is demanding to be paid $4200 for the damages the little... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 25, 2019

Tell your "friend" that he should break off all communication with his 15 year old girl friend before someone files a criminal charge against him. Claiming that the child "lied about her age" is not a defense against the crime of statutory rape in Florida. Tell your... Read more »

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
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.

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