Florida Legal Malpractice Questions & Answers

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

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Answered on Jan 24, 2019
Griffin Klema's answer
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 the information you want to disclose. As for pursuing your former lawyer for malpractice, those are difficult claims to prove, and you would need to start a new lawsuit against your lawyer separate...

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

2 Answers | Asked in Legal Malpractice for Florida on
Answered on Nov 30, 2018
Terrence H Thorgaard's answer
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?

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

2 Answers | Asked in Criminal Law and Legal Malpractice for Florida on
Answered on Sep 8, 2018
Gary Kollin's answer
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!

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

2 Answers | Asked in Legal Malpractice for Florida on
Answered on Sep 8, 2018
Terrence H Thorgaard's answer
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.

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

1 Answer | Asked in Legal Malpractice for Florida on
Answered on Aug 3, 2018
Terrence H Thorgaard's answer
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.

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

1 Answer | Asked in Legal Malpractice for Florida on
Answered on Aug 1, 2018
Terrence H Thorgaard's answer
If in fact he found contraband, you may have an argument that he didn't have probable cause to stop you.

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

1 Answer | Asked in Criminal Law and Legal Malpractice for Florida on
Answered on Jun 28, 2018
Gary Kollin's answer
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

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

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Civil Rights and Legal Malpractice for Florida on
Answered on May 22, 2018
Jonathan A. Klurfeld's answer
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 the below.

for Citrus County:

AMERICANS WITH DISABILITIES ACT. If you are a person with a disability who needs any accommodation in

order to participate in this proceeding, you...

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

1 Answer | Asked in Civil Rights, Animal / Dog Law and Legal Malpractice for Florida on
Answered on Apr 9, 2018
Andy Wayne Williamson's answer
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 deal with this matter.

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

2 Answers | Asked in Employment Law, Legal Malpractice and Sexual Harassment for Florida on
Answered on Apr 4, 2018
Tina El Fadel's answer
Call the police and report him and you can also contact the Florida Bar and report his inappropriate behavior.

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

2 Answers | Asked in Personal Injury and Legal Malpractice for Florida on
Answered on Mar 22, 2018
David Hughes Harris' answer
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), hospital, etc.) you want the attorney to pay, then all of these always add time because the liens and bills have to be negotiated and paid before money is paid to the client.

If there are no...

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

2 Answers | Asked in Criminal Law, Collections, Legal Malpractice and Probate for Florida on
Answered on Mar 3, 2018
Terrence H Thorgaard's answer
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. So yes, the order is valid.

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

1 Answer | Asked in Legal Malpractice and Real Estate Law for Florida on
Answered on Jan 30, 2018
Jonathan A. Klurfeld's answer
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. Further, Mr G likely has no quantifiable damages yet as he still owns the home he wants to sell and hypothetically the value could go up $10k next month, or a bidding war of buyers who want the house, and...

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

1 Answer | Asked in Real Estate Law, Contracts, Landlord - Tenant and Legal Malpractice for Florida on
Answered on Jan 7, 2018
Jonathan A. Klurfeld's answer
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; far more time that it would take to destroy it.

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

1 Answer | Asked in Employment Law and Legal Malpractice for Florida on
Answered on Dec 2, 2017
Terrence H Thorgaard's answer
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.

Q: If a non lawyer helps someone fill out a form and lies about their own address is it perjury?

1 Answer | Asked in Family Law, Criminal Law and Legal Malpractice for Florida on
Answered on Nov 7, 2017
Terrence H Thorgaard's answer
Not unless that person signed the form under oath.

Q: Per my bank statement my contract is fulfilled/paid off.Company is dishonestly requesting more money. How can you help m

1 Answer | Asked in Civil Litigation, Legal Malpractice and Consumer Law for Florida on
Answered on Nov 5, 2017
Andy Wayne Williamson's answer
The only help to give via rhis online forum is to suggest you hire a lawyer in your area.

Good luck.

Q: Can l legally dumpster dive in florida

1 Answer | Asked in Legal Malpractice and Criminal Law for Florida on
Answered on Sep 24, 2017
Terrence H Thorgaard's answer
If there is a no trespassing (or words to that effect) sign on it, you would be trespassing; that's a crime.

Q: Conflict of interest?

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Answered on Sep 3, 2017
Andy Wayne Williamson's answer
Based upon what you describe it's possible. You should consult with an attorney asap.

Q: Is it legal for my soon to be ex husband to retain my defense lawyer for his present domestic violence case?

1 Answer | Asked in Domestic Violence, Family Law and Legal Malpractice for Florida on
Answered on Aug 30, 2017
Terrence H Thorgaard's answer
It indeed appears that the lawyer has a conflict of interest which would preclude him from representing your ex in the DV case.

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