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Legal Malpractice Questions & Answers

1 Answer | Asked in Legal Malpractice for California on

Q: How would you cite this case?

Janjua v. Neufeld, No. 17-16558 (9th Cir. 2019)

I can’t find case law on it since it’s fairly new, but how would I cite it? Can’t find too much info on it

William John Light answered on Sep 12, 2019

It depends on the court in which your case is filed, but you can find the general style rules here Check your court for specific citation rules.

I'm not certain that Janjua has an official Cal.Rptr. citation yet, so you might just have to...
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3 Answers | Asked in Contracts and Legal Malpractice for California on

Q: Who do I sue?

If a law firm employee has admitted in court to forging my signature on a fee agreement of terms that were 4 times higher than what I agreed to in the actual fee I sue the employee or the attorney?

The court did order all fees (over $30k be refunded to me) but that still... Read more »

William John Light answered on Sep 11, 2019

If a law firm forged your signature, then a complaint to the State Bar is warranted. It is possible that the law firm is responsible for your damages, i.e., what you lost as a direct result of the fraud. That would include the principal, interest, and potentially emotional distress. It does not... Read more »

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2 Answers | Asked in Legal Malpractice and Landlord - Tenant for Florida on

Q: Is renter or owner responsible to replace sod in yard?

I have tried methods to resolve over the 3 years I have lived in this house. Nothing held up. All other houses around me have added new sod over that time. I have had several companies come out to assist. All recommend new sod. Landlord is saying this is my responsibility. A daily fine will... Read more »

Terrence H Thorgaard answered on Sep 9, 2019

It depends on the terms of your lease, but I expect that the local government or HOA (whichever is threatening the fine) will have to go after your landlord.

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1 Answer | Asked in Legal Malpractice for Iowa on

Q: I hired a lawyer to file an appeal for unemployment for me. I was told 1week from when I hired him thathis dictation

Did not go through do to a system update internally that he knew was happening. Now we missed the appeal date and I am stuck not able to legally and rightfully fight my case. The firm is offering me $600 and a oops. But I have now been out of work for 6weeks and am broke. I am certain if appealed I... Read more »

Erik Luthens answered on Sep 5, 2019

The issues are: (1) whether you would have been successful on appeal had your attorney timely performed his duties; and if so, (2) the amount of unemployment insurance benefits you reasonably would have received. If you sue your former attorney for legal malpractice, you would need to retain an... Read more »

1 Answer | Asked in Legal Malpractice for California on

Q: Is it legal to charge pet fee rent over 50 dollars and not the neighbor

William John Light answered on Sep 3, 2019

Depends on what your lease says and why the pet rent was added to yours and not to the neighbors.

1 Answer | Asked in Adoption, Family Law, Child Custody and Legal Malpractice for Florida on

Q: Am I able to undo an adoption if it was done illegally or using intimidation?

When I was 19, I was going to give my newborn up for adoption to a close friend. They moved with her from Florida to Georgia, nothing finalized, and I changed my mind. They took me to GA court, which resulted in GA removing my child from their care, but GA put her in foster care. I did everything I... Read more »

Bruce Alexander Minnick answered on Sep 2, 2019

You did not tell us how many years ago this happened to you, but I am guessing that is must have been more than 10 or 12. If so, the controlling statutes of limitation have expired and there is nothing you can do about it.

Practically speaking--if you still love YOUR child as much as it...
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1 Answer | Asked in Consumer Law, Personal Injury, Identity Theft and Legal Malpractice for Arkansas on

Q: How do I accept a lawyer who has refused to return my call?

An out of state attorney who is female and unwilling to represent me. To expand on this misunderstood sentence, she tries to communicate with me in an akward sense, she is being charged. This is due to her not communicating with me only. It is impossibly horrible to expect 'good standing' in front... Read more »

Tim Akpinar answered on Sep 1, 2019

It might be easier to simply start looking for a new attorney in your state. It's anyone's guess as to why they aren't returning calls. Good luck

Tim Akpinar

1 Answer | Asked in Legal Malpractice for California on

Q: Can a supervisor lie to another business about my work/work ethic to make me not get the new job?

I’ve been advised that the supervisor lied about my work/work ethic to keep me from getting the job and is also doing that or similar things to prevent others from leaving their jobs to go else where and told others he’d sandbag the ones trying to leave.

William John Light answered on Aug 26, 2019

Slander requires a false statement of fact. Statements about work ethic sound like an opinion, e.g., "he is a hard worker", or "he is lazy". People are free to form and express opinions.

To answer your question, former employers cannot lie about facts without incurring liability for...
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1 Answer | Asked in Legal Malpractice, Juvenile Law and Sexual Harassment for Florida on

Q: Can my friend 20 year old be with a 15 year old legally? She lied about her age and said she was 18. Her dad found out.

The dad wants to press charges against my friend. She was completely okay with the relationship. And gave her consent. But she lied about being 15 and said she was 18. He didn’t know until the dad reaches out and said she was only 15 and is demanding to be paid $4200 for the damages the little... Read more »

Bruce Alexander Minnick answered on Aug 25, 2019

Tell your "friend" that he should break off all communication with his 15 year old girl friend before someone files a criminal charge against him. Claiming that the child "lied about her age" is not a defense against the crime of statutory rape in Florida. Tell your "friend" to look up the severe... Read more »

Q: If a therapy practice as a whole will not accept registered sex offenders as clients. Do they need to make this known?

If a therapy practice has a policy that they do not see registered sex offenders as clients,

Should this information be made available to you, on their website, or as a screening question?

It wasn't made available to a friend of mine and he started therapy and was seen for 9... Read more »

Peter N. Munsing answered on Aug 24, 2019

I'm unaware of it. The practice should have asked. He can file a complaint with the licensing board but I dont see anything. However he should contact a member of the State of Washington Trial Lawyers Assn/Assn for Justice--they give free consults.

1 Answer | Asked in Legal Malpractice, Criminal Law, Appeals / Appellate Law and Collections for Tennessee on

Q: My van was on a dolly because I haven't gotten tags and made it legal to be on the road yet and somehow the strap broke

And it was in a ditch off the road so I wrote my number and said I'll be right back in 2 windows I went to get straps and help to pull it out when I returned 20mins later the police was there said they were impounding it for an investigation couldn't tell me where or when or how to get it I couldnt... Read more »

Cayley Turrin answered on Aug 19, 2019

Im not too sure what the question is.

1 Answer | Asked in Legal Malpractice for California on

Q: Who do i contact to report a process server that commits perjury

William John Light answered on Aug 18, 2019

You can contest service in the action filed against you. That doesn't usually get you anywhere. The other party just serves you again, and you are back in the lawsuit.

1 Answer | Asked in Legal Malpractice for California on

Q: What crimes are being commited when a case is in motion before a defendant answered to the complaint .

William John Light answered on Aug 18, 2019

This doesn't make any sense. Post the facts of what happened, or call an attorney to discuss in detail.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Legal Malpractice for Pennsylvania on

Q: In the state of PA ,Can I legally take my daughter from the father if we have no court order or custody established?

He has had her for 4 years from never giving her back to me amd is now not taking care of her properly he has an opend case with cny in another county . I want to take her to live with me and he is going to get aggressive and call the police . Will I get introuble for taking my daughter from him?

Kathryn Hilbush answered on Aug 18, 2019

I would not recommend that you just take the child away from him if there's an open CYS case. Talk to an experienced family law attorney to determine whether you should consider filing for custody.

1 Answer | Asked in Civil Litigation, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on

Q: Is there anyway I can sue the hospital for medical malpractice without my stepmother?

Terrence H Thorgaard answered on Aug 16, 2019

Assuming that your stepmother is the victim of the malpractice, no; you have no standing to sue, only she or her estate can do so.

2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Florida on

Q: Please google Michael Dowd vs Palm Beach Florida et al

Pubilc Defender utters forged Probable Cause Affidavits. Palm Beach County Clerk of court removed filed p.c. affidavit and replaced with a forgery.

Henry George Ferro answered on Aug 15, 2019

There is no question to be answered

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1 Answer | Asked in Gov & Administrative Law, Tax Law and Legal Malpractice for Alabama on

Q: I have received a letter from the State of Alabama Dept of Revenuel Notice of Preliminary Assessment for the year 2010.

Received a letter when I filed these taxes that I had filed to late to receive a return. Filed through Liberty tax service who did not file 2013 taxes till 2017. Don't understand what is going on or what to do, Can you help

D. Mathew Blackburn answered on Aug 13, 2019

You only have a certain period of time to file a return claiming a refund or else you forfeit the refund. It sounds like you filed a return too late to claim the refund and the state tax department is notifying you of that. There's nothing you can do about the refund. You may have recourse against... Read more »

1 Answer | Asked in Family Law, Civil Rights, Legal Malpractice and Libel & Slander for Mississippi on

Q: Is the plaintiff's attorney allowed to put hearsay & lies in a document and file it with the courts?

If it's against the law what can I do about it?

Gary Kollin answered on Aug 9, 2019

Are you serious?

Are you really asking if sn attorney can legally lie to the court?

If you believe thst is authorized, why would you consider believing anything a lawyer would write on here ?

2 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Personal Injury for California on

Q: to file a dental malpractice suit...the defendant must have a licence to practice dentistry to qualify as malpractice?

a man never licenced in dentistry ran a office, advertised cheap oral surgery, emergency oral care. i paid this man to fix a failing tooth and he says u will look like a movie star he ends up pulling most of my back teeth ground down frontal and glued huge fake teeth over the stubs....he kept... Read more »

Dale S. Gribow answered on Aug 9, 2019

more info needed.

are you just looking to be compensated? if so be sure to ask the DA to make restitution a part of the sentence.

you can probably still sue for negligence, battery, intentional infliction of emotional distress etc

is it within 3 years of the incident.????

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1 Answer | Asked in Contracts and Legal Malpractice for New York on

Q: How can I get contents of my complete settled and disposed file from my attorney in my tort case?

established attorney - client relationship in 2012, he began the case in 2014 settled in 2019 the case?documents the judge's decision of the settlement, mediation, signing the settlement agreement for opposing side, and copy of the settlement check with his signature. he didnotprovide my file... Read more »

Michael David Siegel answered on Aug 6, 2019

You are entitled to it. Write the lawyer and ask.

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