Lawyers, Answer Questions  & Get Points Log In
Georgia Legal Malpractice Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Legal Malpractice for Georgia on
Q: Is it legal to sign workmans comp while having a concussion
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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 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
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Contracts, Personal Injury and Legal Malpractice for Georgia on
Q: is there a time limit in Georgia for serving interrogatories?
Michael W. Horst
Michael W. Horst
answered on Sep 28, 2022

The Uniform Superior Court Rules, which apply in both Georgia state and superior courts, provides the answer. Specifically, Rule 5.1 provides that in order for a party to utilize the court's compulsory process to compel discovery, any desired discovery procedures, like interrogatories, must... View More

1 Answer | Asked in Legal Malpractice and Personal Injury for Georgia on
Q: Is requiring a client to pay for attorney services in the event of termination, WITH or without cause, legal?

I found verbiage like this in a contract I was signing for auto injury representation. The fee for the attorney was $400 per hour, the paralegal was $100 per hour. If I have a just cause to terminate an attorney client relationship why would I have to pay for that service if the service wasn’t... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2022

A Georgia attorney could advise best, but your question remains open for a week. It could be difficult for an attorney to comment on your retainer based on a brief excerpt. Most attorneys would want to see the entire retainer to comment meaningfully. But as a general practice, personal injury cases... View More

1 Answer | Asked in Traffic Tickets, Legal Malpractice and Probate for Georgia on
Q: Is it true georgia probate courts wont suspend a new trial motion Even after The 30 day time Limit?

Soeeding ticket in georgia. The construction zone signage do not confoRm to georgia law concerning where signs should be, the distance signage should be, cop was shooting lidar right as you come out of curve at the bottom of a hill That was more than 7% grade— ( O.C.G.A. 40-14-9)—

cop... View More

Jammie Taire
PREMIUM
Jammie Taire pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2022

You would need to post this in traffic tickets. This is not a probate question. Sorry.

2 Answers | Asked in Family Law, Domestic Violence, Legal Malpractice and Probate for Georgia on
Q: Please help me understand . I'm preparing for divorce and in my research online I come to find shocking documents.

Two marriage licence applied for 10 years apart are on the probate record on in 2011 when we married at the court house . The other issued Jan 21 2020 I had no knowledge or part in at all ? What can I do to unravel his mess of fraud , deception and abuse ?

Michael D. Birchmore
Michael D. Birchmore
answered on Jan 4, 2022

Clearly, you need to meet with a family law attorney to help you figure out what is going on.

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Legal Malpractice for Georgia on
Q: what is the statute of limitations to file a civil claim against someone using OCGA 16-48?
Michael D. Birchmore
Michael D. Birchmore
answered on Dec 7, 2021

We won't be able to assist you until you provide the complete statute citation. It should read as the following (but with numbers of course).

O.C.G.A. Sec. XX-XX(X)-XX(X)

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Legal Malpractice for Georgia on
Q: Misrepresentation

I got ran over by a garbage truck on December 11 2019 while working. I hired a worker’s compensation lawyer. I had to quit my job because of my living condition. I had no family members where I was living at so I moved. Workers compensation felt like I wasn’t entitled to any financial benefits... View More

Michael Richard Moebes
Michael Richard Moebes
answered on Nov 4, 2021

Probably not; this was a judgment call by your attorney using the facts as presented at that time. Also, comp is a "no fault" system, and the driver's being high isn't relevant (assuming the driver was a co-worker and not a 3rd party).

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Georgia on
Q: I have a medical malpractice lawsuit going on since January 2020 and I feel like my attorney is not informing me much?

How long should this lawsuit end?

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. As a general matter, med mal cases can drag out for a long time. It could depend on when it was placed into suit, the backlog on the trial calendar, how long it takes to complete discovery, and other factors. The... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.