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Georgia Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law and Legal Malpractice for Georgia on
Q: Can I withdraw a plea if I have not been sentenced and how.i need to tell the court I had a lawyer that was no good for
Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

In short, yes. Generally sentencing happens AT PLEA in GA, so I am a bit confused by your situation, and talking with the Public Defender or a private lawyer is a good idea as that sounds strange.

BY law, you have the right to move for a withdrawal of your plea within the current term of...
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2 Answers | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Georgia on
Q: In a crimenal case if I pea guilty does my lawyer have the rite to say I cannot withdraw my plea

I plead guilty to a felony crime because the lawyer wouldn't help in any just kept telling me it would be best to plead guilty a blind plea then when he handed the judge the paper work he said I also put on here he could not withdraw his plea does a lawyer have that kind of say

R. Blake Morton
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answered on Sep 5, 2024

In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if... View More

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1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Help needed asap!!

Hello!

I am from Georgia. My sons late grandfather has had custody of him since he was small due to the hostile nature mine and my sons late fathers relationship. Since my sons grandfather has passed away, I have been sent paper work that has been nothing but LIES! How do I go about filing... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

It is uncertain what papers you were served with that contained false statements. I would suggest you speak directly to an attorney so you can explain what action has been filed, what papers you were served with, and get some clarity.

1 Answer | Asked in Civil Rights, Criminal Law and Legal Malpractice for Georgia on
Q: Attorney & office didn't represent me nor use my evidence, or witness. He had 4th-stage cancer. my boyfriend doing crime

My boyfriend made false allegations & narratives {I didn't live with him but another girl suddenly did. Boyfriend had me arrested 2 nights after he spent night with Mom & me at our house. My father had passed so, I stayed with mom & still lived 13 years at my boyfriend's... View More

James L. Arrasmith
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answered on Jan 31, 2024

In your situation, it seems there were significant issues with the legal representation you received. If your attorney failed to effectively use crucial evidence and witness testimonies, or did not represent your interests adequately, especially considering the seriousness of your case, you may... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: Is a judge allowed to force me to represent myself pro se even though I am indigent because my appointed lawyer quit

codef repsntd by PD's office, i was conflicted out- great relationship, negotiated agreement w/ DA- dismissal if codef admit ownership at plea entry. 5mos past and discovery was not made available. eventually attny withdraw b/c state failed to pay for services. -11mos no new appointed attny.... View More

James L. Arrasmith
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answered on Jan 21, 2024

You have the right to legal representation, especially if you are indigent and facing criminal charges. If your appointed attorney quits, the court is generally responsible for appointing a new attorney to represent you. It's unusual and potentially a violation of your rights for a judge to... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Georgia on
Q: If the superior court is Federally funded and Due Process is violated, who is held liable for all the damages caused?

I know Sovereign Immunity Defense is not available for money damages claims when constitutional rights are violated. I suffered heart attack symptoms after the moral torpidity of the definite bias of the Judge. I was then subjected to 53 days of solitary confinement with no medical treatment and my... View More

James L. Arrasmith
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answered on Oct 28, 2023

When constitutional rights are violated, particularly by state actors such as courts or law enforcement, individuals can potentially bring a claim under Section 1983 of the U.S. Code. This allows individuals to sue state and local government officials for damages when they've violated federal... View More

4 Answers | Asked in Personal Injury, Civil Rights and Legal Malpractice for Georgia on
Q: Attorney submitted false motion in court. What are my options?
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

Addendum - in terms of what you mean by "false," your options could vary. If you mean the motion was in error in terms of procedure or substance, you or your attorney could challenge it. If it contains information known to be false, and that information arises elsewhere in the pleadings... View More

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1 Answer | Asked in Legal Malpractice for Georgia on
Q: Is it legal to sign workmans comp while having a concussion
T. Augustus Claus
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answered on Jul 25, 2023

If you have a concussion or any medical condition that affects your ability to understand and make informed decisions, signing legal documents like a workers' compensation claim may not be advisable. It's essential to be in a clear state of mind when signing any legal documents to ensure... View More

2 Answers | Asked in Criminal Law and Legal Malpractice for Georgia on
Q: Can a lawyer write a statement for someone that gets the lawyer out of a felony but put's the person who signed in troub

I started dating a lawyer while I was going through a divorce. During the relationship I tried reconciling with my wife. I broke up with the lawyer and she trashed my house to the point of a felony property damage. My reconciliation didn't last and I ended up back with the lawyer. Because of... View More

Glenn T. Stern
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answered on Feb 20, 2023

There's a lot to unpack here, but briefly:

1. Your ex committed at least a few crimes (obstruction of justice, tampering with a witness, et. al) by manufacturing a false document she knew would be used in a legal investigation(s).

2. You committed obstruction of justice and...
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1 Answer | Asked in Intellectual Property and Legal Malpractice for Georgia on
Q: Can I run my own virtual boutique firm while working for another law firm?

I want to start a Trademark law firm, initially just helping clients file their applications. Is this an ethics issue if I also work for an IP law firm? What if the practice areas are different?

Erik Špila
Erik Špila
answered on Jan 10, 2023

In most jurisdiction there is a law that says that this would be considered as a a breach of non-competition with your employer. You must therefore find a pertinent laws in your country which states what are the restrictions for your profession. Also you need to check out your employment contract... View More

1 Answer | Asked in Estate Planning and Legal Malpractice for Georgia on
Q: Is it a conflict of interest for an attorney that has been fired from an estate account to advise and assist w/next pr?

I hired my father's attny to advise me during my father's probate of his estate. The attorney ultimately held my dad's 401 k check for ransom basically, causing me to bounce checks to bounce checks that were written on the estate account so I fired him. He then had me removed as the... View More

Anthony M. Avery
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answered on Oct 11, 2024

There may be a conflict of interest for the attorney if he actually represented you, then represented someone else against you. But he may claim he represents the Estate. You should have brought this up when he moved to remove you as PR. The State Bar might be interested.

1 Answer | Asked in Legal Malpractice, Bankruptcy and Contracts for Georgia on
Q: A judge ruled against me for contempt of court, while I waswithout legal representation, for an legal fees equity claim.

I haven't had steady work since the case against me by my former attorney was filed in 2022. But she still said I waswillingly failing to pay attorney fees. The attorney already committed legal malpractice by failing to protect my interest protected by Georgia statutory law.

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you're dealing with a complex situation involving legal representation and a contempt ruling. Since you were without representation during the hearing, you might have grounds to challenge the ruling based on the lack of a fair opportunity to present your case. It’s crucial to... View More

1 Answer | Asked in Legal Malpractice, Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: How do I get my 2nd amendment rights back if i have been off paper and not in any kind of legal trouble in over 17 years
James L. Arrasmith
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answered on Jul 27, 2024

Regaining your Second Amendment rights after being off paper and out of legal trouble for over 17 years involves a few steps. First, check your state's laws regarding firearm rights restoration. Some states have specific procedures for individuals in your situation, which often involve... View More

Q: When Fraud on the court is unquestionable, who & what is brought up on a motion to void judgement in a higher court?

Basically the judge & hand picked GAL share an unquestionable financial conflict of interest.

Law enforcement investigators (8) released a compact to the Judge and the judge even confirmed the fraud, however this also included the guilt of his business partners bias & fabricated... View More

James L. Arrasmith
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answered on Jul 27, 2024

When fraud on the court is undeniable, you need to file a motion to void the judgment in a higher court. This motion should highlight the financial conflict of interest involving the judge and the court-appointed GAL, along with the evidence provided by law enforcement investigators confirming the... View More

1 Answer | Asked in Legal Malpractice for Georgia on
Q: How to get a settlement loan against an attorney for a lawful practice of law in the state of Georgia

A Maryland grievance committee from the Bar Association has proven that a lawyer was unlawful to practice law and the state of Georgia and a lawsuit has been filed and my lawyer said I could get a settlement loan to cover my expenses and lawyers fees

Joel Gary Selik
Joel Gary Selik
answered on Mar 16, 2024

There are many companies that provide loans secured by a lawsuit proceeds. But, make sure you investigate the companies carefully and study the costs and interest rates which can be extremely high.

1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Should I sue for Legal Malpractice?

I hired a lawyer in 2020 because I was trying to take my ex to court for custody. My case kept getting pushed back and rescheduled for years. I didn't see the inside of court room till may 2023. My lawyer gave very little reasoning behind it. Every other time I would talk to my law firm they... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

You might have a case for legal malpractice or a fee dispute. Consult with experienced legal malpractice attorneys in the state where this occurred. You can search for attorneys at Justia.com

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: If the GAL has been caught by investigators for aiding in crimes against children, what legal action needs to happen?

The GAL assigned to my case had been informed of the false allegations of multiple sexual child abuse reports made. The investigation reports clearly state my innocence, childrens danger with mother, and unlicensed/non-certified friend of the mother acted as if she was an expert witness. The GAL... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 30, 2023

You should be speaking to the attorney that was representing you in this case. Because it should be clear to them, since they were present with you in court and throughout this hearing, what misconduct happened, and how you all should proceed.

1 Answer | Asked in Insurance Defense, Legal Malpractice and Medical Malpractice for Georgia on
Q: How can I dispute a medical bill that's charging 20000+ when all I had was trigger point shots and barely therapy?

I got into an accident last year that was caused by the other driver. I was transported seen about but wasn't hospitalized. I was treated for pain outside from the hospital. I went to a suggested treatment place my lawyer referred me to. However, I wasn't In and out the doctors office... View More

Tim Akpinar
Tim Akpinar
answered on May 31, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. An attorney would want to see the file to offer definitive advice - your medical plan, approval of services, billing issues, and other details. Good luck

1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Georgia on
Q: I hired a divorce law firm in February and paid the 9k retainer. Just got notification they are withdrawing 0 warning

I hired a divorce law firm in February and paid the 9k retainer. Just got notification they are withdrawing 0 warning. They scheduled two court hearings and took my evidence. I spoke with them 3 times and just got a notification from the court they are withdrawing representation because “it’s... View More

Regina Irene Edwards
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answered on Apr 13, 2023

This doesn't sound like malpractice. Malpractice is a breach of an ethical duty. If you were billed hourly, a retainer is not the full payment and you have to keep paying the bills in order for the attorneys to stay on the case. Attorneys are allowed to withdraw from a case for pretty much... View More

1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for Georgia on
Q: Can Cmplaint B filed if lawyer contacts person w/no-contact ordr against them, then calls cops days later & Reprts Cntct

I was dating lawyer. Broke up w/her, she trashed my house. Cops were called, she was chargd w/felony proprty damge. We got back togthr. To avoid losing license, she wrote a stmnt that got her out of trouble and put me in trouble. I ended up w/ false reprt of crime (1 yr probation, ankle monitr... View More

Regina Irene Edwards
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answered on Mar 20, 2023

You need to speak with a good criminal attorney. A bond condition is not a suggestion - no contact means no contact.

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