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Georgia Legal Malpractice Questions & Answers

1 Answer | Asked in Banking, Identity Theft, Legal Malpractice and Small Claims for Georgia on

Q: Am I responsible to pay my bank money when I was given a fraudulent loan and I used the money before the check bounced?

The person who deposited the check in my account forged my signature. The loan was for $901.70.

Bruce Alexander Minnick answered on Jun 25, 2019

Yes. Why? Because you are the only person who has (or had) the $901.70. Surely you do not expect any bank on this planet to eat money just because you accepted a fraudulent check? No; they are making you eat your own money.

3 Answers | Asked in Legal Malpractice for Georgia on

Q: I have an active case with an attorney, but I haven't been able to contact him, should I hire another lawyer?

I haven't been able to contact, or received contact in over three weeks

Brad Sims McLelland answered on Jun 10, 2019

Depends. Has he/she previously ignored you? If so, I would consider letting them go. If not, i would speak with his assistant and relay your concerns.

Good luck!

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3 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on

Q: Can you take on a Court that made an error by not filing the child visitation they ordered?

It was ordered by the court in front of both parties and their lawyers. That error caused the child's father to be able to move her several states away and cut off contact with the mother.

The Court ordered the visitation in the courtroom that day with everyone and their lawyers present... Read more »

Regina Irene Edwards answered on Feb 25, 2019

This question doesn't make sense. An "error" in an order would not allow a party to move away and cut off contact with children. There is something else going on, and you should consult with an attorney who can review the court orders and give specific advice.

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1 Answer | Asked in Criminal Law, Traffic Tickets and Legal Malpractice for Georgia on

Q: Hello, I believe I have a warrant in Fulton County. But no one will give me info as I'm out of state.

I was arrested years ago for driving without a license. When i showed up at court, they sent me home without ever seeing a judge. They didnt explain anything to me other than i would be cntacted within 6 months. I never recieved any mail or any further information regarding the case. A year later I... Read more »

David Edward Boyle answered on Jan 6, 2019

I would encourage you to hire a lawyer who practices law in the jurisdiction that issued the ticket. If you have a fail to appear warrant you can order a copy of your driving history online with georgia dept of driver services.

1 Answer | Asked in Criminal Law, Legal Malpractice and Personal Injury for Georgia on

Q: Legally, can a person be arrested on a bench warrant; on a charge with no legal standing?

My question is, there is no arrest warrant for poss. to start with, so how can a bench warrant be issued for that charge legally?

David Edward Boyle answered on Aug 29, 2018

If the warrant was validly issued you can be arrested. Whether you are guilty of the charge is a separate inquiry. For argument's sake the sale of marijuana presumes that the person possessed the marijuana at some point to make the sale.

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Georgia on

Q: I am a desperate mom of 2 looking for legal assistance with a malicious CPS case can anyone help?

This CPS case is malicious i so many ways and beyond crazy. I need some legal assistance and they have presented me with papers to go to court in 2 days to possibly take custody over my kids over lies and malicious intent to prosecute under false pretense as well as having their lawyer present his... Read more »

Ellaretha Coleman answered on Apr 10, 2018

You need to consult with an attorney immediately if you have a dependency case pending. Allegations of abuse or neglect are not to be taken lightly, and as you know can result in your children being removed from the home.

1 Answer | Asked in Criminal Law, Traffic Tickets, Construction Law and Legal Malpractice for Georgia on

Q: If the arresting charge is dropped. Then is any evidence found in search incident to arrest "fruit of a poisonous tree"?

Hi, I was currently arrested and charged with poss. Of marijuana less than 1oz. And my brother of driving without a licence and a few more charges along with the poss. Of less than an oz.

I feel as thou this is easily resolved. I have done some homework on this.

The arresting... Read more »

Forrest Clinton Barbour answered on Apr 6, 2018

Could be. Need to know a little more information. Why were you stopped? Did officer claim to smell marijuana? There are other reasons to search besides search incident to arrest, and even search incident to arrest doesn't automatically allow a police officer into the car. Feel free to give me... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Legal Malpractice for Georgia on

Q: Can I sue my attorney for legal malpractice?

My attorney emailed "I got official word court is cancelled." But he was wrong and we didn't show up for my final custody/divorce hearing. A hearing to ask for a reconsideration followed and judge denied it and stood by the order determined on the date I missed court. Judge said it was because my... Read more »

Regina Irene Edwards answered on Sep 30, 2017

In this case, a malpractice case is not your best option. While you should contact an experienced family law attorney in order to try to fix the case, you should try to get some fees back from the attorney with fee arbitration. Assuming the facts are as you state, you should be able to get some... Read more »

1 Answer | Asked in Personal Injury and Legal Malpractice for Georgia on

Q: What is the maximum amount of money a personal injury lawyer can take from a client's settlement?

My personal injury attorney gave me check for approximately $200 from the $10,000 insurance settlement check He did not tell me before filing the law suit in court, that I would receive less than $500 for my injuries, pain, and suffering. He encouraged me to discontinue using the therapy... Read more »

William Head answered on Sep 7, 2017

Medical and treatment costs come out of YOUR part. This sounds like what happened.

This is not a fee. It is a cost item.

That is why we do not take these small claims.

1 Answer | Asked in Criminal Law, Legal Malpractice and Civil Rights for Georgia on

Q: Can You file a lawsuit against the department of corrections or a warden

If they knowingly put you in harms way that resulted in being assaulted by other inmates and ended up with a broken nose,

after they had already assaulted other inmates and had not been removed and also after telling the Warden your life was in jeopardy

William Head answered on Aug 20, 2017

Possibly have a case. These types of cases must have overwhelming proof of refusal to act to protect your safety.

Contact this attorney, and ask him about the viability of this kind of case. Few lawyers will file these suits, due to sovereign immunity, which our Legislature passed, to keep...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Medical Malpractice for Georgia on

Q: Can a police pull you over, ask for you license and registration. And won't tell you why you was stop!

I didn't show my license bc how i was treated. I was pulled over for no reason.forced and he took me out my seat belt. What is my right? But he wrongfully lock me up, with a illness and without my medical attention. He searched the vehicle i was in, and had it towed. And it wasn't mine. He still... Read more »

William Head answered on Aug 13, 2017

The one fact, of your narrative, that sticks out, is that this was not your vehicle. If there was a legal basis for that pullover (e.g., the owner had an outstanding warrant, the tag was expired, no insurance on the vehicle, etc.) then the officer had the right to stop the vehicle. Once he or she... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on

Q: How do I fight a Corrupt South Ga County who is Determined to Bring me down?

I Once had a Great Life was look up to by my peers even awarded by Battalion commander for over hundreds of other just as deserving wives for outstanding Army key Wife support chain during Middle East Deployment. Vice President while a single mom of my Class completing School after My husband... Read more »

William Head answered on Aug 11, 2017

Your message gave no dates or critical details. I suggest that you contact an attorney whose firm knows all the rules and necessary FACTORS for a claim like yours to be able to survive summary judgment motions (basically, a dismissal of the civil charges, by the judge, for failure to state a viable... Read more »

1 Answer | Asked in Divorce and Legal Malpractice for Georgia on

Q: Can I file a complaint with the ABA and GBA against the opposing attorney in my divorce case?

My ex-wife had a crazy friend that manipulated her into using her husband's divorce attorney. She attended many meeting with my Ex-wife and attorney. Ex's attorney would take calls from Ms. Harper, even after Ex wife asked her to stop taking calls from her. This 3rd party butted in on our... Read more »

Regina Irene Edwards answered on Aug 6, 2017

The attorney-client privilege belongs to your ex-wife and not to you. If she didn't object to the interaction, you cannot.

1 Answer | Asked in Personal Injury, Products Liability, Health Care Law and Legal Malpractice for Georgia on

Q: My little girls shoulder pops out of place for any reason.

Trying to find out if I should be concern with fact that my 13yr old little girl's shoulder pops out of place from almost any thing from just rolling over,she takes a lot of steroids for her allergys.We have taken her to childrens hospital and they say something about growing pains,I found out... Read more »

David Alan Wolf answered on Jul 20, 2017

Medical malpractice cases are quite complex. I recommend that you get your daughter assessed by an orthopedic specialists. If there are issues related to growth and maturity, you may see if an evaluation by and endocrinologist is in order. For an attorney to take on a medical malpractice cases,... Read more »

1 Answer | Asked in Products Liability, Medical Malpractice and Legal Malpractice for Georgia on

Q: Can a lawyer go to another law firm without telling they client

In the middle of your case,then the lawfirm they left become your lawyer without you knowing

Peter N. Munsing answered on May 3, 2017

They should notify you, but if the old firm is competent, then I would go with it--it's sometimes tough finding a new lawyer in the middle of a case.

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Probate for Georgia on

Q: Can this case be dismissed because I was arrested for marijuana poss in someone else's vehicle without a search warrant?

My boyfriend, who was on probation for marijuana charges,was pulled over because of a missing headlight and they lied and said he was following too closely, but there was no other vehicle around to be "too close" to. He gave permision to search the vehicle,but stated that it was not his so the... Read more »

Robbie Levin answered on Apr 28, 2017

The officer can pull you over for the headlight violation. The smell of marijuana is generally enough to permit a vehicle search. You should hire a lawyer.

1 Answer | Asked in Legal Malpractice and Sexual Harassment for Georgia on

Q: If your Boss at your job pinches you and leaves bruises on you and mind abuses.Do you have grounds for a law suit?

Also then you go to his boss and company owner and nothing is done about it .Can the company also have a lawsuit filed on them also.

Paula J. Mcgill answered on Feb 20, 2017

If you complain about the harassment (follow your employee handbook on filing internal complaints) and nothing is done or you are retaliated against, certainly, move forward and file a charge with the EEOC.

1 Answer | Asked in Family Law and Legal Malpractice for Georgia on

Q: Is it legal to name a boy what is considered a girls name here in America and the question continues below

Is it legal to name a boy what is considered a girls name here in America and what is considered a boys name in france or at least a french masculine form of what is considered a girls name in here in America, like how girls use the more feminine sounding name if it sounds boyish, like a nickname... Read more »

Regina Irene Edwards answered on Jan 27, 2017

With very few exceptions, you can name your child whatever you like. There are plenty of names which are not identifiable by either gender - Jamie, Harper, Ashley, Jordan, etc. The name doesn't have to conform to a particular gender.

1 Answer | Asked in Child Support, Family Law and Legal Malpractice for Georgia on

Q: Can you attach a Contempt as your Response to Modify Child Support when you have already been served with Contempt

If you file a Motion to Modify Child Support (Pro Se) and hire an attorney to handle to File the Contempt for withholding Visitation, After being served with the Contempt, Knowingly, Can the Defendant's attorney attach a Counterclaim of Contempt on Child Support to their Response.

Regina Irene Edwards answered on Jan 13, 2017

Yes.

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for Georgia on

Q: Can a Dr.'s office legally bill under a different tax ID to get more money?

I was referred to a specialist by my primary care dr. The referral was approved by my insurance company and I called to verify before visiting the specialist. On my 3rd visit to the specialist, I was told that I owed them nearly $500 because they are not in network with my insurance company. After... Read more »

Peter N. Munsing answered on Sep 14, 2016

may be legal but I think you can ask your health insurance if they will offer payment under the other tax ID, then when you have them rejecting a documented offer you can tell them your company offered to pay, they refused to accept, you don't think you owe them in accordance with provider... Read more »

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