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Florida Legal Malpractice Questions & Answers
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
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
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
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
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
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
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
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.

1 Answer | Asked in Family Law, Criminal Law and Legal Malpractice for Florida on
Q: If a non lawyer helps someone fill out a form and lies about their own address is it perjury?
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 7, 2017

Not unless that person signed the form under oath.

1 Answer | Asked in Civil Litigation, Legal Malpractice and Consumer Law for Florida on
Q: Per my bank statement my contract is fulfilled/paid off.Company is dishonestly requesting more money. How can you help m

My auto finance company is harassing ¬ logging all payments received... Westlake Financial is dishonest.Car is paidoff

Andy Wayne Williamson
Andy Wayne Williamson answered on Nov 5, 2017

The only help to give via rhis online forum is to suggest you hire a lawyer in your area.

Good luck.

1 Answer | Asked in Legal Malpractice and Criminal Law for Florida on
Q: Can l legally dumpster dive in florida
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2017

If there is a no trespassing (or words to that effect) sign on it, you would be trespassing; that's a crime.

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Q: Conflict of interest?

If a judge and attorney are (or were previously) colleagues, and they both participate in the same community/athletic events, is it a conflict of interest for the lawyer to represent a defendant in the judge's court? I was the plaintiff, and what went on during the hearing was outrageous.

Andy Wayne Williamson
Andy Wayne Williamson answered on Sep 3, 2017

Based upon what you describe it's possible. You should consult with an attorney asap.

1 Answer | Asked in Domestic Violence, Family Law and Legal Malpractice for Florida on
Q: Is it legal for my soon to be ex husband to retain my defense lawyer for his present domestic violence case?

I was convicted about 1 1/2 yrs ago. Right now I have a domestic violence case against my husband and he has retained the same lawyer that represented me. I gave that lawyer lots of very personal detailed information about myself and about him. Is this legal for the same lawyer to represent both... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 30, 2017

It indeed appears that the lawyer has a conflict of interest which would preclude him from representing your ex in the DV case.

2 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Legal Malpractice for Florida on
Q: Is this broker being a bully ?

I own an apartment.

I signed a listing agreement with an agent (call it agent X of brokerage ONE) to sell it. It was signed on dec 16 and expired in may 17.

In june 17 my agent X was contacted by an agent, lets call it Y of brokerage TWO, to have info about my apartment. A month... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Aug 18, 2017

Sounds like brokerage Two does not have a case, based upon your fact scenario.

I suggest that you should consult with a real estate attorney in your area to review the listing contract and any other documents that you have to be certain that nothing exist that could make you liable....
Read more »

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1 Answer | Asked in Civil Rights, Legal Malpractice and Consumer Law for Florida on
Q: Me and my wife was barred from a local night club for no reason and we are trying to see where or what can we do about

We was at a night club and we pretty much goes there friday, saturday, and sunday and most of friends and family goes there and we was barred away from the club by a girl that is sleeping with two of the managers and workers that are in there and we have never caused a problem in there and we have... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2017

The night club can exclude you, unless they are discriminating for one of a number of reasons. What you describe isn't one of those reasons, so yes they can exclude you. In other words, "no reason" is good enough.

1 Answer | Asked in Products Liability and Legal Malpractice for Florida on
Q: My father had an asbestos lawsuit in Miami and settled some claims. He died in 2015, and I see after he died one

filed for dismissal. Then in 2017 my fathers attorney filed a joint notice of voluntary dismissal of all claims. Stating my mom and dad agreed. Even though he was deceased. Is this legal? Did we lose out? Can I file a claim?

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2017

If your mom and dad agreed and that can be shown, it's OK. However if an estate was opened then they need the consent of the estate and court before closing them.

2 Answers | Asked in Divorce and Legal Malpractice for Florida on
Q: What can be done to encourage opposing counsel to make his client perform as agreed in settlement?

I have a final divorce decree signed by both parties, attorneys, judge and entered. So divorce is finalized. Settlement agreement stipulates specific actions to be done my former spouse before I hand over any money - return property w/in 30 days, transfer life insurance policy w/in 45 days, execute... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 7, 2017

Depending on the specific actions required you can file a motion for enforcement and contempt. The responsibility to take action lies with your former spouse, not the attorney.

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1 Answer | Asked in Legal Malpractice, Libel & Slander, Medical Malpractice and Personal Injury for Florida on
Q: Any suggestions in a scenario where "medical professional" presented predetermined false testimony as expert witness?

Psychological evaluation at the request of defense, patient retains privilege to my comprehension? Information remains confidential, requiring written consent to reveal? Misdiagnosis provided, recommendation made is preposterously unethical and malicious.

Intent to generate prejudice,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 11, 2017

If you are examined for court purposes, disclosure in the court is the premise of the exam. The expert's opinions are subject to cross examination and rebuttal by your experts. Discuss this with your attorney.

1 Answer | Asked in Family Law and Legal Malpractice for Florida on
Q: Can a tax attorney from Georgia give legal advice about family law to a Floridian
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 6, 2016

Interesting question. An attorney licensed to practice in Georgia and who mostly practices tax law, is nevertheless qualified to practice family law, but in Georgia. If the advice concerns inter-related issues of Georgia and Florida law, giving such advice is probably not considered the... Read more »

1 Answer | Asked in Business Law, Criminal Law, Employment Law and Legal Malpractice for Florida on
Q: Is a non-medically licensed/certified individuals required by law to report threats or confessions of abuse/harm?

I am considering becoming self-employed as a "life coach" -- albeit unlicensed and uncertified until I satisfy the educational requirements for working as a counselor -- and I am trying to gather information about what I must do to protect myself from liability. I also need to know if there are... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 18, 2016

Makes sense to get a general errorors and omissions /general liability policy. As to the admissions, morally you need to consider them, legally only those professions required to report have to report. There may be variances in state law.

Suggest you google mandatory reporting state by...
Read more »

1 Answer | Asked in Employment Law and Legal Malpractice for Florida on
Q: I was lied to by my employment attorney at a mediation hearing. She stated that unless I sign the agreement to accept

the offer I would lose my SSDI and Medicare benefits if I were to go to court. Based on this information I accepted this under this advice. The next day I spoke to two SSD attorneys and was told this would not happen. The lawyer was trying to cover up the fact she did not do anything on my behalf... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2016

About all you can do if no one wants to pursue it as malpractice (and there are some good reasons) is file a grievance with the disciplinary board if you feel you were lied to.

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