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Florida Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: In Fla.'s 14th judicial circuit court , is accepting a plea deal - waiving all rights to appeal- irreversible?

I pose this question w/ no pretense @ all- just need %100 clarity as it seems even when it appears matters are written, notarised etc. there usually seems to be some legal loophole or recourse despite being' final'..

Keith Upson
Keith Upson
answered on May 27, 2023

Unless there is a legal dispositive issue that has been expressly reserved,

Yes.

2 Answers | Asked in Legal Malpractice for Florida on
Q: Seeing if I have a legal negligence suit for my medical malpractice. They agreed to take case and had it for over a year

Seeing if I have a legal negligence suit for my medical malpractice. They agreed to take case and had it for over a year and the withdrew right at the statute of limitations i had no time to find another attorney.

Joel Gary Selik
Joel Gary Selik
answered on May 9, 2023

It depends how close to the time limit they withdrew, what work that had done, and the efficacy of your case.

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4 Answers | Asked in Employment Law, Civil Litigation and Legal Malpractice for Florida on
Q: When there is a civil issue regarding an issue where multiple states are involved, where do I go to get a lawyer?

An ethics board has leveled disciplinary action against an individual. This individual would like to appeal with the help of a lawyer. The individual lives in one state, the company that brought ethics charges are located in another state and the ethics board is in still another state. In what... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023

This is a good question. A lawyer licensed in any state would work, this is not in court where a license is required. But to narrow down your search I'd look for a lawyer in the state where you are or where the grievance board is located. This happened to one of my clients who lived in CA, I... View More

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: Am i able to start a case if a defendant was falsely convicted and their due process right was violated?

There was a warrant to search a house. In trial it wasn’t used but was brought up that there was a warrant for a murder suspect. The original warrant reason was sales of mdma and marijuana. There was no sales charge given nor any audio or video of the sales being recorded. Also there was... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 18, 2023

Are you asking about a Legal Malpractice case? If so, many states have particular requirements for a legal malpractice case arising out of a criminal case. This might include the requirement of a finding of exoneration. Consult with experienced legal malpractice cases in your state.

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1 Answer | Asked in Legal Malpractice for Florida on
Q: How can a client protect himself from this type of situation occurring?

A lawyer contacts his client (the plaintiff) over the phone regarding a personal injury claim telling him he is in the process of negotiating a settlement for his case and can get him $10,000. He asks the client if he would accept this amount and the client says “yes” to the verbal offer. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2023

This is fraud; it is a crime, a case you can sue on, and the lawyer could lose his or her license to practice law.

2 Answers | Asked in Contracts, Family Law and Legal Malpractice for Florida on
Q: Can my girlfriend lower the cost of a lawyer to less that $500?

My girlfriend is broke and needs to pay $500 for her lawyer to help finalize a legal case so she can get her inheritance, and I’m looking to see if the price can be lowered. I’m in Mississippi, but she’s in Florida.

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2023

It depends on what needs to be done. She will need to contact probate lawyers in her state to discuss costs for what is needed to be done.

Search here

Https://www.justia.com/lawyers

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1 Answer | Asked in Criminal Law, Collections and Legal Malpractice for Florida on
Q: Ingram maintenance charged membership bank froze account no affiliate to Ingram

Never sign contracts app

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 6, 2023

There is not nearly enough information for any lawyer to be able to advise or help you. Retain a banking lawyer.

1 Answer | Asked in Health Care Law, Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Can I sue the hospital for sending me home with severe sepsis without any antibiotics?

I was hospitalized for over 3 weeks at my local hospital. I went cause I had cellulitis & the medication my primary prescribed didn't work. By the time I went to the E.R. I had 3 different antibiotics thru about 2-3 weeks. Was told after the 2nd round if it didn't work to come to be... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 19, 2022

You will need to consult a medical malpractice attorney for an assessment of your case. Medical malpractice cases are complicated and fact intensive.

1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: How could I go about suing a attorney for unethical reasons?

I was tricked into paying legal fees that were never owed and given directly to my ex-husband by his attorney. I have text messages proving this was done to me. Do i have any legal ground? What category does this fall under?

Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2022

To get meaningful advice about your situation, you need to schedule a consultation with an attorney for discussion of the circumstances, review of your retainer contract (if any) and the case materials, and if this was a court case, review of the court docket. You might have a legal malpractice... View More

1 Answer | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: Bankruptcy-Incorrect Schedules filed with court

I spoke with my attorney today pertaining to incorrect information in my Schedules that were filed.I provided everything accurately and honestly. Most concerning, my tax return wasn't added. Then my values of property were changed. Removed a creditor that was originally on draft. Said I make... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 9, 2022

While both of you are at fault (your signing them without making sure they were accurate and complete; your attorney neglecting to attach your tax return, and overlooking other mistakes in the schedules), the attorney is probably right by advising you that it's not important. As you have... View More

1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: Can an attny add fees cost to a demand increasing the settlement amount, then add fees cost on the new settlement amount

Can an attorney add his/her fees and to an amount a client offered to settle a case, increasing the settlement amount offered, then tacking on fees and cost on that increased amount?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 15, 2022

Yes, if it is a contract, such as a charge card, which contract provides for attorney fees, they can recover those when they bring it to court. Court costs, including filing fees and the expenses of serving you with process (a "summons" and a copy of the court complaint) can also be... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Florida on
Q: I own a rental property in foreclosure in Florida that I deeded to a single member LLC for that property only. I want

to deed it back over to my name only, dissolve the LLC , and ask the court to remove the LLC from the foreclosure case. Can I do this ?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 10, 2022

You can do the first two but the court is not likely going to remove the LLC from the case because it had an interest in the property at the time of the foreclosure and that interest needs to be foreclosed.

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for Florida on
Q: My lawyer is violating my right to adequate representation of counsel over a year with no communication

Lawyer has no returning any of my attempts to contact and correspond also has not been present at league proceedings

Pamela J. Fero
Pamela J. Fero
answered on Feb 1, 2022

If you believe you have exhausted all efforts to contact and discuss your issues with your attorney and they are still not responding or unwilling to settle, you have the option of hiring another lawyer. However, keep in mind that if you terminate a lawyer, you may be charged for the amount of work... View More

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Florida on
Q: After an arrest, can the officer place you in the car with windows up and engine off while he finishes his investigation

After about 10 minutes a sheriff from the county came over on his own to show some decency and open the door for me so I could breathe.

Henry George Ferro
Henry George Ferro
answered on Jan 9, 2022

This is an interesting question and you are protected by the constitution against cruel and unusual punishment. Given your fact pattern, I don’t believe that the actions of the officer rise to that level, the intervention by the deputy was appropriate and kept the situation from the escalating... View More

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Florida on
Q: This is a complicated question. A professional malpractice case was filed before the 2 year time period.

The case was litigated for a year and the Plaintiff withdrew the case without prejudice. Now the plaintiff would like to reopen the case. Is that possible? I am not sure about the timeline for permanent closure or continued litigation in a case of this style.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 4, 2022

Assuming that the pertinent statute of limitation period has expired, re-filing the case would be time-barred.

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: I was arrested at my home illegally, I submitted my footage and complaint to professional Standards and a sustained…

Finding was reached. I filed a motion to dismiss on grounds of violations of my 14th amendment, not only for the illegal arrest but the Sheriffs dept, sent me a notice of my warrant, I communicated back and decided to go a more refined way and file a motion to quash Capias, it was sent back by... View More

Henry George Ferro
Henry George Ferro
answered on Nov 1, 2021

Notice to the agency is required by Florida Statutes, must be filed within three years of the occurrence and the dept of financial services must also be served. You should also hire a lawyer to do this and handle this matter for a myriad of good reasons.

2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?
Domenic J. Celeste
Domenic J. Celeste
answered on Oct 9, 2021

For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching... View More

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1 Answer | Asked in Divorce, Civil Litigation, Domestic Violence and Legal Malpractice for Florida on
Q: Conflict of interest

Partners

Nicole Vette
PREMIUM
Nicole Vette
answered on Aug 21, 2021

If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.

1 Answer | Asked in Animal / Dog Law and Legal Malpractice for Florida on
Q: A veterinarian gave my dog the wrong dosage and now may need to be euthanized. Can I pursue legal action?

My dog was given a medication at 20mg dosage when it should have been 2.5mg. As a result of the wrong dosage and previous health issues she is now having acute kidney disease and may need to be euthanized. How do I go about pursuing legal action against the animal hospital involved?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 6, 2021

Most dogs don't have a market value of very much. Unlike people, you wouldn't be able to sue for "wrongful death". So you would sue in small claims court for the vet bill for the negligent procedure, as well as the cost of having the dog euthanized. That's about it.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Had a procedure done on my back with a 2 to 3 day recovery; haven’t been to work since; Are there any legal grounds ?

It’s been eight months since I worked; I have applied for disability;

My problem is that I cannot physically return to work at this time. Please respond, thanks

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 28, 2021

That's a question your current heath care provider needs to answer.

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