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Your current state is Virginia
I am considering firing my attorney due to concerns about the security of my digital files and potential breaches of confidentiality regarding estate planning documents that are my property. I have drafted a communication emphasizing that my documents should not be retained and any personal data... View More 
answered on Apr 24, 2025
You have a right to expect reasonable precautions to be taken to protect your data/information/privacy, including for the attorneys to safeguard documents from third parties and maintain confidentiality. But only standard and reasonable precautions should be expected. But, as you have told them... View More
I am considering firing my attorney due to concerns about the security of my digital files and potential breaches of confidentiality regarding estate planning documents that are my property. I have drafted a communication emphasizing that my documents should not be retained and any personal data... View More
answered on Apr 24, 2025
I suggest being firm, but not too nasty even if you may fire your lawyer. Here's why: If you fire your lawyer and try to hire another law firm, the new law firm will ask what happened to the first lawyer you hired. If the new firm thinks you are litigious (someone who sues a lot of people),... View More
I was arrested by Texas DPS on July 5, 2021, for failure to register annually, though I had registered over the phone with the Willacy County Sheriff's Office. Despite this, they claimed no record of my registration. During my two and a half years of incarceration, without due process or bond... View More
answered on Apr 21, 2025
You need to hire an attorney like F. Lee Merritt who has a lot of experience in civil rights cases against law enforcement. Most attorneys do not handle this type of case due to the very low probability of success and the limited damages available.
You may have a claim for compensation... View More
answered on Apr 17, 2025
In California, a Marsden motion allows you to request the replacement of your court-appointed counsel if you can demonstrate inadequate representation or an irreconcilable conflict that undermines effective representation (People v. Armijo, 10 Cal. App. 5th 1171; People v. Johnson, 6 Cal. 5th 541).... View More
I am considering filing an ethics complaint against a lawyer with the California State Bar Association. I have no prior agreements or contracts with this lawyer and I haven't filed the complaint yet. Can this lawyer sue me for filing the complaint?
answered on Apr 13, 2025
This may or may not be applicable.
6043.5. (a) Every person who reports to the State Bar or causes a complaint to be filed with the State Bar that an attorney has engaged in professional misconduct, knowing the report or complaint to be false and malicious, is guilty of a misdemeanor.
Can my friend file a legal malpractice claim against an attorney who provided him with over 2,500 AI-generated responses regarding hospice fraud, resulting in the loss of his lawsuit? My friend relied solely on these AI-generated responses from this specific attorney to his anonymous posts on... View More
answered on Apr 12, 2025
Unlikely. Responding to a question on Justia does not form an attorney client relationship. Responding to a large number of questions on Justia from the same poster on the same topic might, I suppose. You would then have to prove that the responses were wrong, and were below the standard of... View More
I have concerns about my appointed attorney's actions in my state or federal case. My attorney waived my right to have an expert witness present during evidence testing, choosing to rely on the state's expert without informing me. Additionally, the government's time limit to indict... View More
answered on Apr 11, 2025
No one here is going to be able to address your specific concerns as we do not have access to the discovery in your case. Many of the decisions made by your attorney are strategic that your attorney's to make. You attorney should certainly be discussing the case with you, but your attorney... View More
I asked my Public Defender not to continue my trial, but she continued it anyway. She wants her investigator to interview my sister because she overheard me telling my mother during a phone call that I had been drinking and would have someone else drive. The trial was supposed to start today after... View More
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answered on Apr 10, 2025
It sounds like your public defender needs more time to prepare for trial (by having an investigator interview your sister). Your attorney can request a continuance over your objection, and the court can grant that request over your objection. The court will take into consideration your right to a... View More
I asked my Public Defender not to continue my trial, but she continued it anyway. She wants her investigator to interview my sister because she overheard me telling my mother during a phone call that I had been drinking and would have someone else drive. The trial was supposed to start today after... View More
answered on Apr 10, 2025
From what you’ve described, your public defender requested the continuance to allow an investigator to interview your sister, who may have overheard a conversation relevant to your case. This suggests an effort to uncover evidence that could impact your defense, which courts typically view as a... View More
I'm dealing with an estate proceeding in South Carolina where three different lawyers from the same law group have consecutively handled my case without notifications when the changeovers occurred. They've been charging an hourly rate directly from the estate itself. I'm concerned... View More
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answered on Apr 10, 2025
In South Carolina, individuals involved in legal disputes who have concerns about attorney conduct may wish to review the South Carolina Rules of Professional Conduct, particularly those relating to communication, fees, and competence. For example, Rule 1.5 addresses the requirement that attorney... View More
I am seeking to vacate my conviction and withdraw my guilty plea entered on June 14, 2024, due to newly discovered evidence. A dash cam video proves that the officer fabricated the traffic violation for which I was pulled over, and no laws were broken. Additionally, a warning citation issued at... View More
answered on Apr 8, 2025
You have a lot going on here. There are two different avenues for you to overturn your conviction. You didn't say what your exact conviction was, but I will assume it was for a Felony in Texas.
Avenue 1: Dash Cam: New Evidence can be used after the Statute of Limitations, if it... View More
I recently dismissed my attorney from my Workmen's Compensation case by sending a Notice of Dismissal with a cover sheet and Proof of Service. I processed all paperwork downtown and mailed out notices to all parties two days ago. However, I haven't received any documentation indicating my... View More
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answered on Apr 8, 2025
Dear injured worker,
It appears that you properly processed the paperwork however you want to be sure that it is processed through the WCAB as well. Also available to you at the WCAB is the Information and Assistance officer who is skilled in assisting individuals who are self represented.... View More
I want to file a malpractice lawsuit against my previous attorney, whom I haven't officially released from liability. He has a significant position on the State board referral service, which has made finding representation difficult. Despite contacting over 50 attorneys, I'm continually... View More
answered on Apr 7, 2025
Thank you for your posting. I am sorry for what you have had to go through.
There are many reasons why attorneys will not take on cases. While it is true that if the legal malpractice attorney has a relationship with the attorney they will not take on a case, but legal malpractice... View More
I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?
answered on Apr 7, 2025
It's not so much illegal as it is unethical. As my colleague correctly advised (and as is likely set forth in your retainer agreement), the attorney's fee is calculated based upon the actual recovery obtained by the client, not the judgment which is later reduced by an appellate court... View More
I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?
answered on Apr 7, 2025
It would depend on the terms of your retainer. But the normal practice in the industry is to base the fee on the ACTUAL FINAL amount recovered. Awards can routinely be reduced by a court, or through an appellate decision. It's ultimately that REDUCED amount on which attorney fees are typically... View More
I was unjustly dismissed after 18 years of employment and am permanently disabled due to a back injury. A group of lawyers allegedly falsified my signature to gain benefits for themselves. This fraud also involved real estate deception that left me homeless in San Luis Obispo, CA. I have... View More
answered on Apr 8, 2025
Starting with the alleged forgery of your signature by attorneys, California Penal Code Section 470 defines forgery as a serious offense, encompassing situations where a signature is obtained through fraud or misrepresentation, as noted in People v. Martinez (161 Cal. App. 4th 754). Your evidence... View More
I am a beneficiary of a revocable trust in California, and the original attorney handling it has passed away, with the trust documents now being managed by a bank. I am concerned about the potential for the trust officer at the bank to alter the distribution amounts fraudulently, such as reducing... View More
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answered on Apr 4, 2025
This seems to be a clarification of an earlier question. Your concern is understandable, especially without direct access to the trust document. Here’s what generally prevents a trust officer from fraudulently changing distribution amounts in a California revocable trust:
Legal and... View More
I've been dealing with my lawyer for two years regarding my divorce case. She hasn't contacted me in over a month, even after I sent a certified letter, and she isn't providing any of my information on file. I've tried reaching out via email and text. I'm particularly... View More
answered on Apr 3, 2025
You can hire a new attorney to file an entry on your behalf and they will be able to get all the information from the opposing counsel or from the court. Alternatively, you can file a termination of attorney with the court and then you can represent yourself pro se and the opposing counsel can... View More
We created a new cellphone and are in the middle of manufaturing it, we need to know what do we need, by law, to write in the user manual.
Thanks for your help.
answered on Apr 3, 2025
This is a somewhat open-ended question. At the very least, you'd want to ensure that it is technically accurate, does not make misrepresentations, advises users of applicable dangers, contains necessary warranty/disclaimer info, etc. Maybe you'd want to include the "Intellectual... View More
I was rear-ended by a drunk driver while my special needs son was in the vehicle with me. I've requested all correspondence between my lawyer and the insurance company due to a lack of communication from my lawyer. I disagree with the final offer from the insurance company. Despite my requests... View More
answered on Apr 3, 2025
Sorry for your inconvenience during this time. First thing is if you are dissatisfied with the lawyer you currently have, then you are well within your rights to terminate their representation and hire a new lawyer. The new lawyer should be able to get the information from the original lawyer.... View More
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