Legal Malpractice Questions & Answers by State

Legal Malpractice Questions & Answers

Q: I am the Plaintiff in a civil matter where the opposing atty. is also my patient. Is this a conflict?

5 Answers | Asked in Personal Injury, Medical Malpractice and Legal Malpractice for California on
Answered on Oct 20, 2017

the first thing to do is to disclose all of this to your attorney.

it would be a good idea to write down all the facts and share with your lawyer.

was it just a consultation or did he become your patient.

he is alleging you hit on him and that may be in dispute thus he would have to testify to that if it becomes an issue.

you could argue or have your atty make a motion to preclude his representation.

without all the facts it is hard to say what a court...
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Q: How to legally open and operate marijuana cafe in CA.

1 Answer | Asked in Legal Malpractice, Real Estate Law and Business Law for California on
Answered on Oct 16, 2017

These are not the kind of question for which you can expect free legal advice on the internet. You need to retain an attorney to get in depth legal advice.
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Q: FOLLOW UP: Do I have the legal right to listen to my entire custody hearing? I mean entire thing-not bench conference

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Massachusetts on
Answered on Oct 12, 2017

When Attorney was authorized to represent in the court on your behalf then it is for sure that the client was fully represented, as directed. Secondly, hearing of custody matters are conducted in open court where petitioner(s) or defendant(s) are allowed to listen, view or where necessary assist their Attorney for sake of helping court to arrive at just decision.

As you anticipate that certain pertinent info was not presented to the court and likewise not reflected in their interim...
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Q: I had an attorney that I was consulting who without my knowledge was sending my bills to my father with descriptions.

1 Answer | Asked in Civil Litigation and Legal Malpractice for Kansas on
Answered on Oct 4, 2017

May sue him for breach of trust detrimental to your interest. Consult your Attorney of local jurisdiction for his legal misconduct.
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Q: I recently found out that my aunt forge my signature and cashed out some stock that my grandfather left .

1 Answer | Asked in Estate Planning, Identity Theft, Legal Malpractice and Probate for California on
Answered on Oct 3, 2017

Dear Corona:

Yes, there is a statute of limitations on forgery. Actually, forgery is a criminal offense, while in civil law it is conversion. Although there are a number of other civil causes of action that can arise of someone forges a document. For example, if the forger is also the executor of an estate or trustee of a trust, then there is an additional cause of action for Breach of Fiduciary Duty.

And, there is a rule called "Delayed Discovery." Essentially, if the act was...
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Q: Can I sue my attorney for legal malpractice?

2 Answers | Asked in Child Custody, Divorce, Family Law and Legal Malpractice for Georgia on
Answered on Sep 29, 2017

He is liable for Malpractice & negligence that harmed your interest. Did your get final order?? If still pending, go to reopen the proceedings through a new counsel. Hope it will work. Send me details for advice..
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Q: Can a Trustee to a family trust ,which resigned and appoint another person,make an amendment to the trust thereafter ?

2 Answers | Asked in Legal Malpractice and Probate for California on
Answered on Sep 28, 2017

To me your question omits sufficient information which would permit a reasonable response. If the trust is revocable, and if the original trustor is still alive and capable of amending the trust, a trust can be amended.
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Q: Can l legally dumpster dive in florida

1 Answer | Asked in Legal Malpractice and Criminal Law for Florida on
Answered on Sep 24, 2017

If there is a no trespassing (or words to that effect) sign on it, you would be trespassing; that's a crime.
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Q: Uncle stole 300k from me. What can I do?

1 Answer | Asked in Legal Malpractice and Probate for California on
Answered on Sep 21, 2017

Sounds like your uncle's boyfriend is carrying out your mom's wishes. Unless he is violating the terms of the trust, there's nothing to do. You should really read the trust instrument and figure out when the monies are supposed to be dispensed to you. It's probably specific amounts on a certain schedule. If it's just when you are "ready", then your uncle's boyfriend has a lot of discretion in determining when the money is released. In that event, you may want to consult with a wills and...
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Q: Is there a time limit on sueing family for forging my signature on stock and can I sue the lawyer that was in charge

1 Answer | Asked in Family Law, Antitrust, Legal Malpractice and Securities Law for California on
Answered on Sep 18, 2017

You need to talk to a Probate Attorney to find out the timelines necessary to bring this type of claim. As I understand it, the claim would be on behalf of your father's estate against your aunt. There is a 3 year statute of limitations on fraud (Code of Civil Procedure section 338(d)), but it does not begin to run until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. (Sun'n Sand, Inc. v. United California Bank (1978) 21 Cal.3d 671, 701 [148 Cal.Rptr....
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Q: How I can resolve an improper petition to interplead funds?

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for Texas on
Answered on Sep 18, 2017

Get a consult from a member of the Texas Trial Lawyers Assn who handles malpractice--they give free consults.
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Q: Is it ethical for an attorney to investigate someone (e.g., military and education records) for a friend?

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Answered on Sep 12, 2017

The fact they are an attorney doesn't strip them of the fact that anyone can try to investigate anyone's records. Now if they use an authorization improperly there are issues.
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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

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.
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Q: Can a lawyer be disbarred for congradulating my future ex Because his domestic violence charge never went to court

1 Answer | Asked in Civil Litigation, Civil Rights, Domestic Violence and Legal Malpractice for California on
Answered on Sep 6, 2017

If I am making sense out of your question, it is not likely a lawyer will be disbarred simply for doing what you claim.

The more important question for me is why you did not prosecute your ex for the injuries he caused you. I think you should focus on getting permanent restraining orders against him, and for that you need your own legal counsel, someone who is loyal to you and you only. Get yourself a good family law lawyer to represent you.
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Q: Conflict of interest?

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Answered on Sep 3, 2017

Based upon what you describe it's possible. You should consult with an attorney asap.
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Q: A woman has my car who only paid $500 out of the $1,600 price tag... I need legal help finding her/it

1 Answer | Asked in Legal Malpractice, Collections and Contracts for California on
Answered on Sep 2, 2017

You can com navy the police to report fraud/ theft. If you have the address, you can file suit in Small Claims court.
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Q: What are the problem & law violation in regard of "Proof of service" if I do it myself?

1 Answer | Asked in Legal Malpractice and Civil Litigation for California on
Answered on Sep 1, 2017

A party to the case cannot sign the proof of service. It makes the service invalid.
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Q: Does plaintiff need to respond to defend counsel's demurrer; if so, what is the limited timing to respond?

2 Answers | Asked in Legal Malpractice for California on
Answered on Aug 31, 2017

If you don't respond, the Demurrer will be sustained. If it is the first Complaint, you will likely be granted permission to Amend. In fact you could enter that Stipulation with Defense counsel now to avoid the hearing. If you are on the 2nd, 3rd, etc., Complaint, the Court may sustain the Demurrer without leave to Amend and your case will be over, except the potential of appeal. Opposition to a Demurrer is nine court days before the hearing for the opposition and five court days before the...
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Q: Is it legal for my soon to be ex husband to retain my defense lawyer for his present domestic violence case?

1 Answer | Asked in Domestic Violence, Family Law and Legal Malpractice for Florida on
Answered on Aug 30, 2017

It indeed appears that the lawyer has a conflict of interest which would preclude him from representing your ex in the DV case.
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Q: If my attorney discovered that another attorney knowingly filed fraudulent documents to a county recorder for my sister,

1 Answer | Asked in Probate and Legal Malpractice for Illinois on
Answered on Aug 20, 2017

He is required to report known unethical conduct.

Sometimes people jump to conclusions.
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