Iowa Legal Malpractice Questions & Answers

Q: I filed a SSD claim. Hired a Lawyer. Lawyer did not get medical records in time. Evidence was not allowed into hearing.

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Legal Malpractice and Social Security for Iowa on
Answered on Jun 21, 2018
Erik Luthens' answer
In any legal malpractice case the primary issues are: (1) whether your attorney breached the standard of care or in other words, did something (or failed to do something) that an attorney in a similar situation would have done; and (2) whether your attorney’s error is a proximate cause of your damages, I.e., was your attorney’s error à substantially contributing factor to the bad result you obtained; and (3) had it not been for your attorney’s error, would you have likely succeeded on...

Q: Q: Both my aunt and only cousin passed away, cousin in 2005, aunt in 2006. I am the only living relative and in wills.

1 Answer | Asked in Estate Planning, Family Law and Legal Malpractice for Iowa on
Answered on Jun 19, 2017
Kenneth V Zichi's answer
If there were a TRUST at the time of passing, the successor Trustee should have managed this -- it would NOT have gone through or been the responsibility of the Estate representatives.

This highlights the importance of people keeping their records in order to insure their heirs will know what to be looking for and what to expect! If the accounts were 'drained' by administrative expenses, the Trustee MAY be responsible for that oversight, but you would have to show they SHOULD HAVE...

Q: I was not given any advance notification that my attorney was leaving the law firm, is this acceptable?

1 Answer | Asked in Consumer Law, Real Estate Law, Contracts and Legal Malpractice for Iowa on
Answered on Aug 18, 2016
Peter N. Munsing's answer
You should have been told in advance, but if there was an emergency--illness etc--then advance notice need not be sent.

As they have your file assuming things are moving along, you need to speak with them find out what their background is what their plans are etc.

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