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Georgia Legal Malpractice Questions & Answers
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,... View More

V. Joy Edwards
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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... View 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... View More

1 Answer | Asked in Civil Litigation, Federal Crimes, Legal Malpractice and Medical Malpractice for Georgia on
Q: Are there any requirements that a witness or testimony must meant before they/it can be used in the court of law?

For example, when a person claims they were present when a crime took place, would they have to prove this in anyway or is any person who claims to know something about a case accepted?

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jan 16, 2020

This is typically proven in court on direct and/or cross examination. This is the importance of good legal counsel. If you haven’t already, it is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to...
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2 Answers | Asked in Child Support, Divorce, Family Law and Legal Malpractice for Georgia on
Q: There's a mistake on my final divorce decree is it still Legal it's a written mistake

I was unable to get a lawyer I've been a stay at home mom since I was 6mo prego our son is 3 he filed I couldn't afford council so he was awarded primary custody we have joint custody there was mental verbal emotional and some physical abuse and he cheated and I have proof of everything... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Dec 10, 2019

What is the mistake? There are details to your case that we would need to know in order to provide you with guidance. You should consult with an attorney who can review the facts in detail and present you with the options and guidance. -Homer P. Jordan IV, Esq. 404-620-1558

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1 Answer | Asked in Legal Malpractice for Georgia on
Q: What to do if personal injury lawyer will not return my calls? I have left several messages.

It’s been three months since my personal Injury lawyer filed my insurance claim and I haven’t heard anything yet. I have left several voice messages. Every time I speak to his secretary she gives me his voice mail, but no one never return

my call. Is this normal? What should I do?... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

Ask the secretary to schedule a time for you to speak with him or a visit.

1 Answer | Asked in Legal Malpractice for Georgia on
Q: My personal injury lawyer will not return my calls. I have left several voice messages. What should I do?

It’s been three months since my personal injury lawyer submitted my claim. I haven’t heard anything. No one will return my calls. I feel like I am being ignored. What should I do?

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

I suggest you set up a time for an in person visit with the attorney or the paralegal. Initially there may be a wait while they wait for records which can take some time, but they should be able to tell you what's going on.

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
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
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... View More

Regina Irene Edwards
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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... View More

David Edward Boyle
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
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... View More

Ellaretha Coleman
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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... View More

Forrest Clinton Barbour
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... View 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... View More

Regina Irene Edwards
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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... View 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... View More

William C. Head
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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 C. Head
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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...
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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... View More

William C. Head
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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... View 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... View More

William C. Head
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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... View 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... View More

Regina Irene Edwards
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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.

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