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Iowa Legal Malpractice Questions & Answers

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Legal Malpractice and Social Security for Iowa on

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

2 years of medical records not admitted due to my Lawyer did not get records into evidence.

4 different chronic, progressive, and eventually fatal all because my lawyer missed the timely

submission of these records. Administrative Law Judge angerly told me and especially my Lawyer... Read more »

Erik Luthens answered on Jun 21, 2018

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... Read more »

1 Answer | Asked in Estate Planning, Family Law and Legal Malpractice for Iowa 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.

The estates were probated and settled. Years later a number of trust accounts have appeared as Iowa unclaimed property. The accounts have been mostly depleted with some positive balance.

Q 1. Who is responsible for the error?

Q2. If the accounts were valued more at the death of... Read more »

Kenneth V Zichi answered on Jun 19, 2017

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...
Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Contracts and Legal Malpractice for Iowa on

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

I retained an attorney in Iowa (I live in Montana) to represent me in a real estate matter concerning property in Iowa, in March 2016. I have sent a $12,500 retainer, and about half of it has been spent. Today I was informed the the attorney has left that firm and another attorney is picking up... Read more »

Peter N. Munsing answered on Aug 18, 2016

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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