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Florida Legal Malpractice Questions & Answers
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, effective.

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... View 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... View 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...
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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... View 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.

1 Answer | Asked in Civil Litigation, Legal Malpractice and Municipal Law for Florida on
Q: Our petition for reconsideration has been blocked on specious grounds for insufficiency. How can we get this resolved?

1043 electors (29% of voters) have petitioned the City to reconsider an ordinance. The City Clerk has declared our petition insufficient based on some falsehoods and some specious interpretations of law. None of these insufficiencies are defined in the City Charter. We have counsel, but how do we... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 1, 2016

If your counsel cannot answer your question, perhaps he or she needs to consult with an attorney with more experience in municipal law.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Can an attorney keep documents I showed him at a consultation when I am not sure I want to hire him?

I saw an attorney today for a problem with the co trustee of my fathers estate. The attorney was brusk and started saying his son can sell the house, he can get me money yada yada and he can take care of it all for 350 bucks an hour. I decided to try and work things out before hiring him but he... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 7, 2016

Can he do what, keep the documents? Of course not.

1 Answer | Asked in Legal Malpractice for Florida on
Q: What is a fee division between attorneys and is it beneficical for the client, thank you
Keith Petrochko
Keith Petrochko
answered on Feb 28, 2016

A fee devision is when more than one attorney (often from different offices) work on your case and split the fee accordingly. It can be favorable as it should not cost you anything additional and you get two or more individuals helping you with different knowledge bases.

2 Answers | Asked in Personal Injury and Legal Malpractice for Florida on
Q: Attorney harassing another attorney and their client

If a personal injury lawyer calls and harasses another lawyer, which is his opponent and his opponent's client, stating that he knows that the client is exaggerating his claim, what is the ethical violation and what should of the personal injury lawyer done instead?

Keith Petrochko
Keith Petrochko
answered on Feb 10, 2016

The lawyer shouldn't be contact a represented individual, but its a given that lawyers will talk about, and have differing views on, a shared case.

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1 Answer | Asked in Legal Malpractice for Florida on
Q: What r litigant opt when u hire lawyer & 4 6+ month paid consistent wkly w/no case movement then miss month & get drop

Or when you talk to staff to find out what's going on (you've been patiently waiting) and the way they get you off the phone is to either threaten to convert you to hourly or to withdraw? I have been more than patient.....haven't been argumentive. I get this from one para-legal but... View More

Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

More info is needed. Check with a local malpractice or ethics lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Legal Malpractice for Florida on
Q: Can. Non refundable fee to an attorney be returned in part for misrepresentation

I was told I could lose my condo over a document with my name listed as the third trustee and that I needed to hire a lawyer for a $7500.00 non refundable retainer

Robert Jason De Groot
Robert Jason De Groot
answered on Jul 16, 2015

You did not ask a question here. Non-refundable retainers are not refundable, generally.

1 Answer | Asked in Legal Malpractice for Florida on
Q: I'm a retired litigation/trial paralegal doing some free lance work. I have a potential clienthat wants me to do all th

things I did as an employee of an attorney. Write and file motions, diary and answer discovery, etc. He'll sign as pro se litigant. I don't want to take a chance of practicing law. I'm leaning on sending him to the Fla Bar for a referral. Advice?

Robert Jason De Groot
Robert Jason De Groot
answered on Jul 10, 2015

Before, you acted under the direct supervision of an attorney, and if you are not doing it that way you are practicing law without a license.

1 Answer | Asked in Legal Malpractice for Florida on
Q: If a legal malpractice event is performed by a Florida lawyer consulting a Tennessee one which state I hire?

A person consulted in TN was advising the client and her lawyer in FL but was not a lawyer at all.

Robert Jason De Groot
Robert Jason De Groot
answered on Mar 16, 2015

I do not understand this question. Please rephrase it or contact an attorney to discuss the facts and circumstances.

1 Answer | Asked in Legal Malpractice for Florida on
Q: what can I do to get my money back from a lawyer that take $4,300 for adjustment of status and never send off my paper

to the usics for 2years and make all my document and money order expired,and I no longer need is service

Robert Jason De Groot
Robert Jason De Groot
answered on Mar 2, 2015

That was probably a non-refundable, minimum deposit to secure the services of the attorney.

1 Answer | Asked in Legal Malpractice for Florida on
Q: If a judge orders an attorney to withdraw from a case and she continues to communicate with him what is she charged with

The attorney was fired by me but continued to work with the other party and was still trying to work a deal..

Robert Jason De Groot
Robert Jason De Groot
answered on Mar 2, 2015

I hope you have gotten a new attorney by now.

1 Answer | Asked in Legal Malpractice for Florida on
Q: my husband represented me as pr in my father's estate case and committed malpractice.

My siblings and I are being sued for a judgment that was awarded against the estate. Can I sue him?

Robert Jason De Groot
Robert Jason De Groot
answered on Jan 12, 2015

You have given no facts which indicate what your conclusion is. Go see another attorney about this.

1 Answer | Asked in Legal Malpractice for Florida on
Q: what is the statute of limitations in bringing a malpractice claim against an attorney?
Robert Jason De Groot
Robert Jason De Groot
answered on Dec 31, 2014

I believe it is 4 years, but might be only 2.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Hi,I am filling a complaint against attorney in my records are emails between attorney can I used them?

I fired the attorney and Requested my records, attached to the record were some emails between the attorneys. Can I used them in the complaint I am filing with the Florida bar?

Robert Jason De Groot
Robert Jason De Groot
answered on Dec 27, 2014

You cannot file a legal malpractice case with the Florida Bar. They only address ethical problems. You would have to find a legal malpractice attorney and file suit in the circuit court, probably. I believe that the emails might be admissible if they are relevant and not immaterial.

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