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Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

I'm sorry for your family's ordeal. Although this site doesn't operate like a lawyer referral service, the closest feature here is the Find-a-Lawyer tab above. You could use it to supplement searches you've already conducted. There's also a Lawyer Referral resource with the... Read more »

1 Answer | Asked in Contracts, Personal Injury and Legal Malpractice for Georgia on
Q: is there a time limit in Georgia for serving interrogatories?
Michael W. Horst
Michael W. Horst
answered on Sep 28, 2022

The Uniform Superior Court Rules, which apply in both Georgia state and superior courts, provides the answer. Specifically, Rule 5.1 provides that in order for a party to utilize the court's compulsory process to compel discovery, any desired discovery procedures, like interrogatories, must... Read more »

1 Answer | Asked in Real Estate Law, Business Formation, Civil Rights and Legal Malpractice for California on
Q: I am living a gated community and HOA has no meeting and no elections for last 5 years since I moved in.

HOA has 5 board members which appointed by president. No elections at all. Is that legal? I have been asked for the election and no board member answers. Also I found out some board member on the position for 12 years and they use HOA water and HOA Garderner for private land. For such small... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

There are attorneys who practice HOA law. Speak with one about your situation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Legal Malpractice for California on
Q: My HOA put my name as CFO on sec of state without my permission. Is that legal?

The management company said it’s just doc error. They just randomly pick a name to fill to states.

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Speak with a local attorney to contact the HOA regarding this. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Legal Malpractice, Employment Law and Health Care Law for California on
Q: Do I have legal rights?

I work for and OBGYN clinic and the fronk desk has been using my initials when scheduling the patients. I spoke with her and she denied and used lies to defend herself. I know because the EMR shows who actually made the appointment and who was last editing the appointment. The manager was notified... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 16, 2022

I would talk to the HR manager about this issue if you have not already.

Q: How do I get a good Lawyer for free
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. It could depend on what your matter involves. There are attorneys who donate their time to work for free (pro bono) and legal aid societies that offer their assistance as a public service. But these tend to be... Read more »

1 Answer | Asked in Domestic Violence, Family Law, Gov & Administrative Law and Legal Malpractice for Nevada on
Q: My lawyer and judge are friends and I asked my lawyer about an appeal in a cp domestic violence case and she quit.

My lawyer was very rude tryed to coerce me into pleading in family court and quit when I asked about an appeal because I never got 72hr hearing for child removal in Las vegas 89115

Joel Gary Selik
Joel Gary Selik
answered on Sep 3, 2022

What you describe would not be a legal malpractice case.

1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Oklahoma on
Q: Lawyer.told.temp.order.hearing.Judge I passed.on.hearing,but.both.parties. want.mediation.I did neither.is this.legal?

open Cust/pat. 6 months.moms withholding all contact. 3 weeks ago I insisted no more offers, time, no mediation its been 6 months. I need my kids.He filed. Medically i was not ble to be there. I asked him if we can continue it, said he will.he Emailed me: we got the continuance, but.judge.ordered... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 28, 2022

Many courts REQUIRE Mediation before a case is set for trial. This is a good opportunity for you to settle the case. Try to hire an attorney to advise you a" the mediation. Hopefully you can settle your case then. Good luck.

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Libel & Slander for Texas on
Q: Where can I get a writ of habeas corpus article 11.09 application form when charge can later be used for an enhancement?

It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...

John Cucci Jr.
John Cucci Jr.
answered on Aug 26, 2022

Habeas Corpus Writ Application forms should be available at the Court of Criminal Appeals website. If not, use the 11.07 app form and review the 11.09 rules to be sure you comply.

Good Luck!

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can judges and attorneys be held accountable?

Is it possible to pursue legal action on an attorney and judge for misconduct? The judge has already had disciplinary action With the board

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You can sue an attorney, yes. That is called malpractice.

Judges are exempt from suit because of how they ruled on your case. The best you can do is file a complaint with the Texas Judicial Board, but you need serious evidence. Merely ruling against you is insufficient. Your best way to...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Texas on
Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... Read more »

1 Answer | Asked in Workers' Compensation, Legal Malpractice and Public Benefits for California on
Q: Hi. I was Not Paid Not Any Weekly/ Monthly Indemnity while I Attended Eight Weeks of Attending Chronic Pain Doc. My Atty

My Attorney told Me I Could Not Receive Three Disability at a Time. I Attend from 2013 to 2019 with My New PTP given to Me. I did Not Get Paid Nothing. Not Even Mileage. Only My SSDI and My Pension Owed to Me. I Attend Every Month. His Assessment Read. This Man is "PTD" SHALL NOT LIFT... Read more »

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Aug 1, 2022

You may be entitled to temporary disability and permanent disability payments. However you can not collect both state disability and worker’s compensation temporary disability at the same time. That would be double recovery. You are also entitled to Milage.

More information is necessary...
Read more »

1 Answer | Asked in Legal Malpractice and Real Estate Law for North Carolina on
Q: Do I have legal recourse for a just discovered leak and damage inside walls, for a home I purchased 11.5 mos ago.

The area in question was purposely covered by a piece of furniture that fit exactly inside a closet. The end of month we'll be here 1 yr. We just moved this furniture and saw a nightmare. We had an inspection done and he never even checked. The home was built in 2019. We are 3rd owners. DR... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 28, 2022

Get your entire contract and as much information in front of a local lawyer as soon as possible. While it is likely too late to utilize the home warranty, if it exists, you can likely still file a lawsuit against some party to the matter.

1 Answer | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Legal Malpractice for Maine on
Q: Invalid prenup became valid in retaliation of reporting fraud by attorney.

My first attorney verified to the Overseers of the Bar our prenup was invalid and I lost the benefit reporting him for writing a handwritten order with my signature forged on it, which gave my husband, defendant full control of our finances.

Timothy Denison
Timothy Denison
answered on Jul 17, 2022

What is your question?

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Will you travel to Wichita Falls, TX?
John Cucci Jr.
John Cucci Jr.
answered on Jul 3, 2022

YES!

I practice all over Texas.

1 Answer | Asked in Probate and Legal Malpractice for California on
Q: Can I sue my lawyer for misrepresentation, he missed all filing dates ect.

He failed to represent me in court.

David Ostrove
David Ostrove
answered on Jun 30, 2022

You may sue your lawyer, but that does not mean that you will win anything.

You must prove all the elements of your case:

You must prove that he/she was your lawyer.

Did you have a client lawyer fee agreement?

You have to prove that your lawyer was negligent,...
Read more »

1 Answer | Asked in Family Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: Can an Amicus Attorney 1. Modify a temporary order 2. Strike all of a Pro Se's pleadings?

EXAMPLE:

The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 26, 2022

I doubt the court will strike your pleadings but you need to pay or settle the case,

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: What can I do about a bad lawyer?

I have had an assigned lawyer for 11 months. During that time she has been extremely uncommunicative, not answering any requests for info about my defense. Not confirming that she receives my calls or emails. She has not done anything in my defense to prepare for trial. Last week, prior to a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

It sounds like you have already taken the proper steps by documenting your communications and approaching the judge. Many court-appointed lawyers are overworked and underpaid. Client communications are time-consuming and are not always helpful to the attorney's preparation of a defense.... Read more »

1 Answer | Asked in Legal Malpractice for Michigan on
Q: can a letter with no name establish legal residency?
Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

If this is a follow-on question to the one posted the other day regarding residency, please note that a person can have multiple legal residences. The question turns on whether you have some intent to return. A hotel is generally not a residence because when people stay in a hotel, it's... Read more »

Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2022

You frustration is perfectly understandable. Your attorney may be frustrated also. Unfortunately, this sort of thing happens in cases all the time. You might want to discuss with your lawyer giving the opposing side a deadline to complete or otherwise there is no settlement.

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