Georgia Legal Malpractice Questions & Answers

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

3 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Answered on Feb 25, 2019
Regina Irene Edwards' answer
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.

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

1 Answer | Asked in Criminal Law, Traffic Tickets and Legal Malpractice for Georgia on
Answered on Jan 6, 2019
David Edward Boyle's answer
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.

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

1 Answer | Asked in Criminal Law, Legal Malpractice and Personal Injury for Georgia on
Answered on Aug 29, 2018
David Edward Boyle's answer
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.

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

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Georgia on
Answered on Apr 10, 2018
Ellaretha Coleman's answer
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.

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

1 Answer | Asked in Criminal Law, Traffic Tickets, Construction Law and Legal Malpractice for Georgia on
Answered on Apr 6, 2018
Forrest Clinton Barbour's answer
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 a call - 770.461.2025.

Q: Can I sue my attorney for legal malpractice?

1 Answer | Asked in Child Custody, Divorce, Family Law and Legal Malpractice for Georgia on
Answered on Sep 30, 2017
Regina Irene Edwards' answer
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 fees back from the attorney so you can hire another attorney to try to rectify the situation. However, if you have already had a Motion for Reconsideration fail, your only option is an appeal, and...

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

1 Answer | Asked in Personal Injury and Legal Malpractice for Georgia on
Answered on Sep 7, 2017
William Head's answer
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.

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

1 Answer | Asked in Criminal Law, Legal Malpractice and Civil Rights for Georgia on
Answered on Aug 20, 2017
William Head's answer
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 state agencies from being sued.

John Merchant

701 Whitlock Avenue NW

Suite J43

Marietta, GA 30064

Phone: (404) 828-0969

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

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Medical Malpractice for Georgia on
Answered on Aug 13, 2017
William Head's answer
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 saw that it was not the owner, that may not end their inquiry, is the vehicle was uninsured. That is a crime, to be driving without insurance, even if you were unaware of the lapse, by the real owner....

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

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Answered on Aug 11, 2017
William Head's answer
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 claim, upon which relief can be granted).

You need an outsider from Thomas County, so call Ashleigh Merchant, at (404) 828-0969. Tell her that Mr. William C. Head sent you to her....

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

1 Answer | Asked in Divorce and Legal Malpractice for Georgia on
Answered on Aug 6, 2017
Regina Irene Edwards' answer
The attorney-client privilege belongs to your ex-wife and not to you. If she didn't object to the interaction, you cannot.

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

1 Answer | Asked in Personal Injury, Products Liability, Health Care Law and Legal Malpractice for Georgia on
Answered on Jul 20, 2017
David Alan Wolf's answer
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, the attorney will typically look for situations in which the injuries or conditions are permanent in nature.

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

1 Answer | Asked in Products Liability, Medical Malpractice and Legal Malpractice for Georgia on
Answered on May 3, 2017
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Probate for Georgia on
Answered on Apr 28, 2017
Robbie Levin's answer
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.

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?

1 Answer | Asked in Legal Malpractice and Sexual Harassment for Georgia on
Answered on Feb 20, 2017
Paula J. Mcgill's answer
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.

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

1 Answer | Asked in Family Law and Legal Malpractice for Georgia on
Answered on Jan 27, 2017
Regina Irene Edwards' answer
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.

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

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for Georgia on
Answered on Sep 14, 2016
Peter N. Munsing's answer
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 agreeement, and you will contact the health Department at the state level.

Q: Is it legal to force a minister of a church out the door when they are suffering from a serious health condition?

1 Answer | Asked in Health Care Law, Legal Malpractice, Employment Law and Employment Discrimination for Georgia on
Answered on Aug 3, 2016
Peter N. Munsing's answer
Churches can manage their own affairs. It is up to the church as it's rules dictate to decide--in some cases it's the congregation, in other's it's a bishop.There are no mandatory pension or other schemes for churches. You raise an interesting ADA question.

Q: If my attorney is not communicating with me regarding my case am I able to file a complaint with GA Bar Assn?

1 Answer | Asked in Legal Malpractice for Georgia on
Answered on Jul 18, 2015
Adam Studnicki's answer
I don't practice in GA, but, generally speaking, a lawyer has a duty to communicate with their client.

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