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Legal Malpractice Questions & Answers
1 Answer | Asked in Health Care Law and Legal Malpractice for New York on
Q: Father when to hospital for leg pain free no covid stayed in hospital a week had covid
Tim Akpinar
Tim Akpinar answered on Feb 28, 2021

I'm sorry for your father's ordeal. As a starting point, you could reach out to medical malpractice attorneys to discuss in more meaningful detail. If a law firm believed there could be a potential basis for a case, they could request hospital records for the stay and review them with a... Read more »

2 Answers | Asked in Real Estate Law, Legal Malpractice and Patents (Intellectual Property) for Louisiana on
Q: If I purchased a house for me and my deceased wife can her children take me to court and take my house
Kevin E. Flynn
Kevin E. Flynn answered on Feb 28, 2021

This was listed as Patents Intellectual Property. That is what I do and this is not a question I can help you with. Perhaps you should add Family Law and Probate.

Good Luck.

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1 Answer | Asked in Criminal Law and Legal Malpractice for Illinois on
Q: What if a prosecutor is found committing misconduct and is fired. Should his court cases during that time be dismissed?
Juan Ooink
Juan Ooink answered on Feb 25, 2021

It all depends on the case and the misconduct. This is something you should be discussing with your attorney. Only your attorney will have the needed information in order to address your concerns. If you have not hire an attorney yet, you should do so right away.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Legal Malpractice on
Q: Can an auto insurance company legally change a policy deductible after payment was to be taken but they have yet to.

Policy is active as of feb 14th 2021 for a motorcycle policy. Temp permit for 30days has been issued. Policy is for 1 year. They have yet to take the full payment on their own behalf. They state they can't offer a 500 deductible anymore due to underwriting, due to the value of the bike. They... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

As a possible case of mutual mistake you have a right to cancel and go with other insurance. Right now if you need to ride your bike, you need insurnace, so I'd suggest you stay with them, shop around. Other companies could have the same deal or higher rates. But unless you have paid and it... Read more »

4 Answers | Asked in Criminal Law, Communications Law and Legal Malpractice for California on
Q: I need help ! I don't know how to go about this and if it's even worth it ..

I have a public defender . She calls me the day of my court date and tells me that the court is closed due to covid so no one is allowed in the court house . She left me a voice mail stating this loud and clear and repeated her self twice . she would notify me when the court re opened ,in the mean... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 24, 2021

Sorry about what happened. I would make sure that her office knows what happened to you and see if there is any way to help get your $2000 back. Unlikely, but worth a try.

Keep those VMs!

Good luck!

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1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Legal Malpractice for Rhode Island on
Q: I have a GPS monitor on. It has caused permanent damage to my ankle. Can I sue for damages?

I'm on Interstate Parole. I had a violation and had to go back and serve 90 days. Upon release and arrival back to Rhode Island, a GPS monitor was attached. The first time I had a monitor, it was for 90 days. I did not get any marks then.

However, it has been six months since I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

I'm not hearing you had medical treatement. Until you get it there is no record showing you have anything caused by the monitor. Once you have that you can ask to have it switched to the other ankle or made so that you can work a sock in between the brace and your ankle.

You should...
Read more »

1 Answer | Asked in Legal Malpractice, Civil Litigation, Elder Law, Estate Planning and Probate for Louisiana on
Q: Can a Paranoid Schizophrenic with hallucinations, bipolar disorder, etc sign a legal will in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 16, 2021

They can sign it but it can be challenged with proof of that diagnosis.

1 Answer | Asked in Criminal Law and Legal Malpractice for Ohio on
Q: If a person retains a lawyer for someone else, are THEY his client? Or is the Defendant his client? Who holds a-c priv?

My husband's mother retained a lawyer to represent him. We have asked the attorney repeatedly not to give details of the case to his mother. This lawyer has shared INTIMATE details of his case with his mother, even going so far as to show her the bodycam footage of the incident! He insists... Read more »

Matthew Williams
Matthew Williams answered on Feb 16, 2021

Your husband has a attorney client privilege. Revealing information to his mother without his consent is a violation of that privilege. See Ohio Rules of Professional Conduct 1.6 and 1.8(f). Your husband, not you, not his mother, has the rights of the client which include the right to fire his... Read more »

1 Answer | Asked in Legal Malpractice, Personal Injury and Family Law for Connecticut on
Q: My therapist was found guilty how do I go about compensation for pain and suffering? How 2 get his insurance?

Ga Board of licensed counselor... Found him guilty. We have a baby that he has custody of. He lies in court while we were in court for the children, cause I relapsed after his therapy. No one would listen to me when I tried to tell them. Now he is on probation etc. Do I start a civil law suit?... Read more »

Joseph Maya
Joseph Maya answered on Feb 15, 2021

I am sorry to hear about your situation. To fully address your legal issue, you will probably need to hire an attorney licensed to practice in Connecticut. I wish you the best of luck in the resolution of your situation.

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Consent was Not given and yet dr did anyways!

If dr was told not to do what he suggested should be done, and told primary dr has already addressed, yet dr does anyways leading to loss of limb! What can be done when consent was NOT given

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 14, 2021

The location on this question is marked "Bixby, Oklahoma" but it is appearing in the forum for attorneys in Texas. If this event did not occur in Texas then please re-post your question in the Oklahoma forum.

The question is marked Criminal Law as well as Personal Injury and...
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1 Answer | Asked in Employment Law and Legal Malpractice for Virginia on
Q: Is it legal in virginia to have more then one worksheet to avoid paying overtime?

I am asking in reference to store chains where the same person is the boss of the same company and they bounce employees between 2 stores and have them work over 40 hours a week

Merritt James Green
Merritt James Green answered on Feb 12, 2021

If you are working for the same employer, the Fair Labor Standards Act ("FLSA") requires that an employee is paid overtime for any hours over 40 in a week. Period. It does not matter if you work at more than one location. It same employer, must be paid overtime. Complication could be... Read more »

2 Answers | Asked in Child Custody and Legal Malpractice for New Jersey on
Q: Is a judge in possesion of evidence in a case he is presiding over legally bound to present it in court
Leonard R. Boyer
Leonard R. Boyer answered on Feb 11, 2021

That is not the function of a Judge. What you really need to do is to retain an experienced matrimonial attorney to represent you. There is nothing even remotely resembling legal malpractice. Besides, how do you know what a Judge possesses? Even if that is true, that does not mean it is admissible... Read more »

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1 Answer | Asked in Arbitration / Mediation Law, Workers' Compensation and Legal Malpractice for Tennessee on
Q: A Third Party Administrator gave portions of my medical record to their outside legal counsel for Arbitration.

I don't remember signing anything to the Third Party Administrator to share my Work Comp provider's medical record (for me) with their outside attorney. I stopped the arbitration process. It wasn't working. This attorney is an outside attorney only. Now the the... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 9, 2021

A Tennessee attorney could advise best, but your post remains open for three weeks. In terms of GENERAL insurance doctrine, regardless of the type of insurance, carriers or their TPAs can delegate defense matters to counsel of their choosing, inhouse or outside. But that is only a general insurance... Read more »

1 Answer | Asked in Legal Malpractice, Employment Law and Workers' Compensation on
Q: Is it legal that my company ( a famous airline ) lock me inside a building for quarantine without any way to get out ?

I work in a famous airline in the middle east and due to travelling alot I was called and informed that I will be in quarantine knowing that the company offer accommodation where I stay and the doors can only be opened using the company ID.

I didnt feel safe when I realised that they... Read more »

Tim Rose
Tim Rose answered on Feb 3, 2021

No. Contact an employment or criminal defense attorney immediately.

1 Answer | Asked in Criminal Law and Legal Malpractice for Oklahoma on
Q: How do i begin to file for a re-sentencing or bring it to the court's attention of an 8th amendment right being violated

Was charged with a crime that should have essential been lowered, is admitting guilt but it should have been a lesser charge,was not made aware of any plea bargins,never made an initial statement, wrong lawyer is on paperwork, mental state and being extremely intoxicated was not mentioned

Pete David Louden
Pete David Louden answered on Jan 31, 2021

The best place to start would be to consult with criminal defense or appellant attorneys that have a lot of experience with post conviction relief. The attorney would need to review your case in detail and then would be able to explain your best options.

1 Answer | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Legal Malpractice for Kansas on
Q: Coerced and Bullied. Wrongfully accused and incarcerated. Taken advantage of. Public officially abused and Harrassed.
Caroline Bundy
Caroline Bundy answered on Jan 28, 2021

Could you provide more information so we can better answer your question?

1 Answer | Asked in Family Law, Adoption and Legal Malpractice for Georgia on
Q: What can we do about misrepresentation or omission of information?

The lawyer said things to the adoptive parents the day of our daughter’s birth that neither one of us said, nor told her to say. We weren’t aware of the worst possible outcomes in adoption either. If we had a clue that it would be like this we would’ve never done it. How is this legal? How... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 21, 2021

Was this your lawyer or the lawyer for the other person? What was written out in the papers that were signed? You may want to consult with an attorney who can review the facts of the case in detail and present you with any options you may have.

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Legal Malpractice for Texas on
Q: If 2 interns unlicensed to practice law represented the state at anytime prosecuting my case is that grounds to sue?

They were also not legally licensed interns or have a special permit.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 20, 2021

This question is marked Criminal Law but nobody sues anyone in criminal court. It is also marked Legal Malpractice which is a cause of action in civil court, but that is for a lawsuit against your own attorney, not the opposing side. As for Civil Rights, a criminal defendant is entitled to... Read more »

1 Answer | Asked in Civil Rights, Collections and Legal Malpractice for Texas on
Q: My HOA sent notice that it is increasing 28% in Tarrant County and back charging 2020 Q-4 charges; Is this legal?

Construction is still going on in the area and no facilities available because of COVID.

Teri A. Walter
Teri A. Walter answered on Jan 20, 2021

Look at the deed restrictions, Bylaws and Rules of the association to see what they can and can't charge, and whether there are limits to the increases.

1 Answer | Asked in Insurance Bad Faith, Wrongful Death, Criminal Law and Legal Malpractice for Pennsylvania on
Q: The cops parked in our bar parking lot, facing the door, and watched customers exit this business, get into their car.

The cops then pulled this person over for suspicion of DUI....is this some firm of entrapment?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 16, 2021

Entrapment is an officer inducing you to do something you wouldnt otherwise do. Which is not the caae here. However, simply leaving a bar parking lot is probably insufficient for a car stop.

With other factors present it can be considered by the officer in forming reasonable suspiscion...
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