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Georgia Legal Malpractice Questions & Answers
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... Read more »

Jammie Taire
PREMIUM
Jammie Taire
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
PREMIUM
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.

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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
PREMIUM
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... Read 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... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Georgia on
Q: Is a cotingency fee contract a legally binding contract in georgia

Can a case be assigned to an attorney incorrectly in a law firm be terminated for that purpse alone

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

Contingency contracts are on of many contracts that are legally enforceable in the state of Georgia. They are often seen in personal injury law matters and many of these contracts allow either the client or attorney to terminate or withdraw, respectively. However, the client may owe that attorney... Read more »

2 Answers | Asked in Criminal Law, Legal Malpractice and Municipal Law for Georgia on
Q: how much would it cost me if you got my dads case file?
Robbie Levin
Robbie Levin
answered on Aug 26, 2021

I'm not sure what you mean by getting your dad's case file. Is it hidden somewhere, and you need someone to find it? Please give additional information as to what you are trying to accomplish.

For more information, visit my website at www.LevinLawyerGa.com

-Law Office of...
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1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Georgia on
Q: The indenture date on the deed under power has the 3rd Tues, shouldn't it be dated the 1st Tues to be a forclosur sale?

The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.

Can a lender avoid going to the court house steps & sell/foreclose on... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Aug 18, 2021

Your second paragraph is answered "It depends." The devil is in the wording of the documents.

The first paragraph does not ask a question.

If your question is only one question involving both paragraphs, again the answer would be "It depends."

1 Answer | Asked in Legal Malpractice for Georgia on
Q: Do I have a case?

2yrs ago a lady ran a red light hitting my work van,a coworker recommended his long time childhood friend to represent me. One of his associates was my attorney, It went well at first-then she left the firm. So then I get this guy-anything he wants me to know/he doesn’t call( nor does he return... Read more »

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Aug 17, 2021

Refuse the settlement, speak with the managing partner, and get to the bottom of it. You can also acquire a new attorn4y but there are a lot of factors to consider there. You can also contact the GA Bar for guidance, as a lot of "volume" personal injury lawyers violate the law and... Read more »

2 Answers | Asked in Adoption, Family Law and Legal Malpractice for Georgia on
Q: I am a birth father. The birth mother and I want to contest an adoption we’ve consented. How do we start the process?

The birth mother signed a Post Adoption contact agreement thinking that we would be able to keep in contact with the adoptive parents. The attorney never said that both parties needed to sign. I’ve recently learned that they never signed an agreement. This would have been a dealbreaker in our... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jul 25, 2021

Get an adoption attorney on the job immediately. You are under a time deadline. Don’t delay.

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1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for Georgia on
Q: Disbursement of Recovery: Any recovery shall be received by Attorney and disbursed to Client pursuant to this Agreement

Do this clause give my attorney the right to cash my check?... Even if I did not agree to the recovery amount of the settlement. Can he cash and deposit my check?

I fired my attorney and when it came down to my new attorney requesting the check the check had been cashed.

Tim Akpinar
Tim Akpinar
answered on May 24, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. This sounds like something that has to be sorted out between your incoming and outgoing attorneys, and possibly the carrier, depending on how it's handled. Good luck

Tim Akpinar

Q: my car caught fire today at my workplace, I believe it was an electrical fire due to a recall on the 2017 NissnSen
Tristan Blain Morrison
Tristan Blain Morrison
answered on Apr 28, 2021

I'm sorry to hear about your car. If you were injured while working, then you have a workers' compensation claim. If the injury was serious, you should speak with a lawyer to bring your claim immediately. If you were not working, but you were seriously injured, then you will need a... Read more »

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1 Answer | Asked in Family Law, Adoption and Legal Malpractice for Georgia on
Q: What can we do about misrepresentation or omission of information?

The lawyer said things to the adoptive parents the day of our daughter’s birth that neither one of us said, nor told her to say. We weren’t aware of the worst possible outcomes in adoption either. If we had a clue that it would be like this we would’ve never done it. How is this legal? How... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on Jan 21, 2021

Was this your lawyer or the lawyer for the other person? What was written out in the papers that were signed? You may want to consult with an attorney who can review the facts of the case in detail and present you with any options you may have.

1 Answer | Asked in Child Custody, Civil Litigation, Family Law and Legal Malpractice for Georgia on
Q: Are GA deputy sheriffs authorized to administer legal advice to the public?

And if so... to what extent?

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Nov 1, 2020

Only licensed attorneys are authorized to give legal advice to the public.

1 Answer | Asked in Legal Malpractice for Georgia on
Q: Conflict of Interest?

Lawyer represents a defendant in a Aggravated assault case against the victim who he represents in a family law matter. Defendant and Victim are in a relationship. Isn’t this an issue?

Homer P Jordan IV
Homer P Jordan IV
answered on Oct 28, 2020

The way you have described it there could be a conflict of interest, but we would need to know more about the facts in detail.

1 Answer | Asked in Contracts, Criminal Law, Divorce and Legal Malpractice for Georgia on
Q: Is there an Law Firm that specializes in Void Judgement.??

I have a case that has many faces: active divorce Since 2016, proposed settlement presented July 8, 2016, final judgment on July 14, 2016, after mediation and consent order signed by judge Feb 9, 2016. My X bringing contempt charges for incurring debt on credit cards. It was mutual and nothing was... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on Sep 17, 2020

You may want to call the state bar to inquire about an attorney that would specialize in this type of case. They maybe able to refer you to someone. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Divorce, Family Law and Legal Malpractice for Georgia on
Q: My client was just told via an advertisement from an attorney that she was named in a divorce. Is that legal?

This law group was not her or her husband's attorney. They were fishing for work. She did not know they were getting a divorce and had not even been served yet. This law group had her case number and name of the judge. Is this not legal to solicit work like that?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Aug 16, 2020

This is legal. Solicitation by mail is allowed per the State Bar rules. They searched the public records for divorce filings and mailed her a notice. This is why I do not include the addresses of my clients in the petition, to prevent this from happening.

--Regina Edwards |...
Read more »

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2 Answers | Asked in Criminal Law, Family Law and Legal Malpractice for Georgia on
Q: Can a Superior Court Judge dismiss a Petition because of what he sees as a technical issue, and not rule on the merits ?

I submitted a Petition pro se for my incapacitated son, I am legal guardian/POA/mother. The judge dismissed the Petition because I "am not a lawyer" although I submitted case law/GA Statute to show I was allowed to do so in exceptional cases such as ours. He did not read the Petition,... Read more »

V. Joy Edwards
PREMIUM
V. Joy Edwards
answered on Jun 27, 2020

Hmmm . . . It depends. I would need more details to be able to respond. Feel free to contact us to schedule a consultation.

The Edwards Law Group

770-723-7211

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1 Answer | Asked in Legal Malpractice, Criminal Law, DUI / DWI and Civil Rights for Georgia on
Q: Is it legal to drink alcohol and shoot targets on my own private property in ga.

Not that I’m going to or want to I just started thinking wow I’ve had a long week at work I think imma have a few beer when I get off but then I thought oh yeah I need to adjust my scope and that’s how I come up with the question . But I was just wondering say I had a few beers and been... Read more »

Lance Mixon
Lance Mixon
answered on Apr 25, 2020

Your private property may be in a city that makes discharging a firearm in the city limits illegal. Plus, in some or residential neighborhoods, covenants prevent such activities due to disruption of the neighbors due to loud noises.

1 Answer | Asked in Legal Malpractice for Georgia on
Q: I was told that if my case was settled and didn’t go to trial that I would be charged 30%, but I billed 33%

I got that percentage amount from my statement of distribution

Michael W. Horst
Michael W. Horst
answered on Apr 8, 2020

The document which controls what you pay your attorney is known as the "Fee Agreement." You signed that document when you first hired your attorney. I suggest asking your attorney to forward that document to you. It will indicate what percentage you agreed to pay your attorney in the... Read more »

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