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Florida Legal Malpractice Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Florida on
Q: Please google Michael Dowd vs Palm Beach Florida et al

Pubilc Defender utters forged Probable Cause Affidavits. Palm Beach County Clerk of court removed filed p.c. affidavit and replaced with a forgery.

Henry George Ferro
Henry George Ferro
answered on Aug 15, 2019

There is no question to be answered

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1 Answer | Asked in Legal Malpractice for Florida on
Q: Can my lawyer break my confidentiality with and tell my business to say my mother without my consent? My

I've been fighting a lawsuit for 5 years now and I just settled out of court and it's a company geology agreement between me and the other side and my mother decided to call up to the lawyer place today and ask them all kinds of questions and she got answers things that I don't even know

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 19, 2019

No, your attorney, or your attorney's office (i.e. "the lawyer place") should not have told her confidential information without your consent.

1 Answer | Asked in Business Law and Legal Malpractice for Florida on
Q: Can a representative from an attorney referall service legally go up to a homeless person to ask them if they need help?

I want to start an attorney referall service that reaches out to homeless people in hopes of connecting them with a disability attorney to help them get social security disability benefits. Can a referall service legally do this though?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 16, 2019

This question cannot be answered definitively without more information about the "attorney referral service" and more information about the specific kind of "help" being offered.

1 Answer | Asked in Employment Law and Legal Malpractice for Florida on
Q: Is the place I work for responsible for not telling me to wear mask near machines that expel solder fumes and flux?

I work for a solar panel manufacturer and was not told by leadership or any supervisor to wear a mask when near certain machines. In fact, I worked an entire week without once being warned about the fumes and it took a fellow employee telling me about the fumes before i was aware of them.

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Mar 18, 2019

Any employer owes a duty to act reasonable and protect the safety of its employees

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Q: Seeking how I ask the Bench Judge to Censure Counsel for request to Withdrawal from my case based on an erroneous claim?

I have a Privileged and Confidential letter from my Attorney making mistaken statements about a previous COMPLAINT on file and which the Judge Agreed Upon. My Counsel warned me if I disagreed with his reasoning that he would quit. I need to know how to ask the Judge to review the filings on record,... View More

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

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... View More

2 Answers | Asked in Legal Malpractice for Florida on
Q: Am I covered by legal malpractice insurance for any mistakes my summer interns make without my knowledge?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 30, 2018

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?

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2 Answers | Asked in Criminal Law and Legal Malpractice for Florida on
Q: My attorney told the detective that "my clients aren't always truthful" when fishing for info. Is that an IAC claim?

Upon agreeing to be my counsel, he called the detective investigating me in an alleged criminal matter, to see what the investigation was about. The detective told him to talk to me. He (the attorney) then said his clients aren't always truthful with him. Could this be considered an example of... View More

Gary Kollin
Gary Kollin
answered on Sep 8, 2018

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!

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2 Answers | Asked in Legal Malpractice for Florida on
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

case. What can I do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2018

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.

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