Legal Malpractice Q&A by State
Your current state is Virginia
Legal Malpractice Questions & Answers
Q: Case was an unlimited wrongful death suit against 1 civillian and I busisness who had legal duty to protect sister from
Lawyer doesn't want to honor our contract because he got 2 cases that would've been profitable tossed out of court by cancelling all depositions. Now he don't want to continue with case against my sister's killer because he knows this person has no assets. But we signed a contract.
Depends on the two cases being "tossed" and the reasons for them. Contact a member of CAOC who handles legal malpractice cases.
Q: I think I have a negligence case against my lawyer. I’m not sure I need to ask someone.
My attorney said we had this divorce won he said I would have the house and car. He said we would be divorced in December but he didn’t get something to the judge in time. My ex was able to file an answer long after the time he was supposed to. Now he has hired an attorney. He if fighting me for... Read more »
Re-read over the contract and fee agreement between yourself and your attorney. Fees, expectations, and so forth should be addressed in there. That said, your attorney has an obligation to keep you informed as to the progression of your case. However, if you feel that your attorney is not acting in... Read more »
Q: Who is responsible for fees and costs if acustody case is filed in the wrong court and is later dismissed
Usually the Court taxes the Costs to the Petitioner if the Case is Dismissed.
Q: does a defense legal counsel filing of false declaration in opposition to a summary judgment motion for summary judgment
Can an attorney who conceals the fact that the attorney has a relationship with the attorney tolls the statute of limitation and never made a written notice of the relationship required under Rule 3-310.
There are too many missing facts here. I think I can assume that you are talking about a conflicting relationship between your attorney and the opposing attorney. But, was it your attorney who made the false statement, or the opposing attorney? and did the statement have anything to do with the... Read more »
Q: I strongly think that my girlfriend is only being charged with domestic assault because she changed victims statement.
I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing more... Read more »
Your girlfriend has rights to exercise in court but it's not advisable to discuss over public forum. I would advise contacting an attorney that gives free consultations to get some better information.
Q: Is it legal to negotiate a monetary settlement in exchange for not filing criminal misconduct of an attorney?
I believe negotiations of filing/not filing a complaint with the State Bar is not an option.....but is it legal to negotiate a settlement vs. reporting to law enforcement if that appears to be the only way to get financial compensation from being wronged?
And I am not just money hungry.... Read more »
I believe what you are suggesting is the essence of extortion, or blackmail, and you want to stay away from that. But all is not lost. For almost every crime there is a civil counterpart; just ask O.J. Simpson. As far as I know, there is no sanction for demanding compensation, or you will file... Read more »
Q: Can a representative from an attorney referall service legally go up to a homeless person to ask them if they need help?
I want to start an attorney referall service that reaches out to homeless people in hopes of connecting them with a disability attorney to help them get social security disability benefits. Can a referall service legally do this though?
This question cannot be answered definitively without more information about the "attorney referral service" and more information about the specific kind of "help" being offered.
Q: If I found forgery on my case file for important documents that needed my personal signature how should I follow up?
I have found on several documents in my case file that has my signature Forged on them. I know how I write my signature and it looks like someone the the lawyer office wrote it but I can’t be sure who it was but I know that it was not done by me. Any help will be extremely helpful!
Some retainer agreements give a Power of Attorney to execute certain documents. If you contend that you would not have signed the documents, and that you have been damaged in some way, contact the State Bar.
Q: How can my wife remove my name from our joint mortgage loan without me knowing until I found out on my own? 2162338367
I damaged my skull after falling down stairs in 2011. No drugs or alcohol tested for at the hospital. We agreed on a separation for me in an apartment because we did not want to let the kids see any seizures I might have. No separation of marriage or divorce but she said that we are separated by... Read more »
The only recourse is to contact Wells Fargo for the bank policies.
Q: About how long does the state have to complete the entire court process legally?
Been Waiting 6 months for the prosecution to provide the test results proving possession of an illegal substance. Still no word and waiting 6 months for new judge to replace the old one
The Prosecutor has up to 1 year from the date of the incident to file charges, if it's a misdemeanor such as marijuana possession. It can take several months to receive the lab test results confirming the identification of the illegal substance.
Q: Im still married and just found out my husband sold our home and forged my signature with a notary present. What to do?
forging a signature is a criminal offense.
see the police
Q: Are you legally required to give an officer an ID if he has not articulated or accused you of committing a crime
Police may obtain the identification of someone whom they reasonably suspect of having committed a crime. If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification. Different rules... Read more »
Q: When I was an adolescent my mother did therapy with me in our living room. Is it possible to sue for this?
My mother changed careers when I was a pre-teen, and she was a fairly inexperienced counselor. I came to her with normal teen problems, i.e. concerns about not fitting in in high school and she offered to do counseling with me in our house. I didn't know better so I accepted. In hindsight, this... Read more »
You not only want to blame talks you had with your mommy as a pre-teen for the problems you have as a 30 year old adult but want to sue her for it as well? There is no circumstance I can think of where legal action for something like that should have even crossed your mind let alone be something... Read more »
Q: I have question. I have wrongful termination and discrimination
Had hairs attorney and sign agreement 40% than file complaint DFEH we have right to sue, and in the letter said have within 30 days to file complaint at EEOC but the attorney didn’t, the want me sign another agreement more high then we passed the time to file complaint at EEOC and when I ask why... Read more »
I am sorry but your post is not very clear. I will try to provide some guidance.
An employee who is terminated (i.e., discriminated against) because of their membership in a protected class who worked in California has options about which law he or she wishes to use to enforce their... Read more »
Q: surplus funds due to be collected.Some attorney lied said i hire her but i dont know this person.I havent seen contract
What is California statue of limitations on a case like this? And does this ever happen to other people or just to me
You may want to WRITE to this person to see what is up?
Most (honest) attorneys will respond swiftly with an explanation.
Failure to respond timely may show s/he knows they did
something wrong. Then you may take it to the next level, like
opening up a BAR inquiry?
Q: Is it legal for a local city ordinance to be enforced if the ordinance has not been filed thru the county court clerk?
Nor has the ordinance been made available to the residents or anyone for that matter and city hall that enforces the ordinance can't provide a copy of the ordinance even after issueing a citation that exceeds the state law amount for that same citation?
The ordinance doesn't have to be filed with the county clerk. However, the title of the ordinance does have to be published in the newspaper. Also, the ordinance has to be made available in the office of the municipal clerk (that's different from the county clerk.
Okla. State Tit. 11 §... Read more »
Q: Hello, I am wanting to host a boxing event at my house and charge for admission, how can I do this and have it be legal?
Bad idea on many grounds. First, I doubt the match would be commissioned through the state. Second, you would incur liability risks. Third, it might be unlawful under your city's laws. Fourth, it might violate your HOA declaration or rules and regulations, if applicable.
Q: I was decieved, lured in, driven to an unknown location, held,questioned, and left there. What should I do?
Not enough information provided. For starters, who did these things to you?
Q: I paid a lawyer $10,000.00 to go to probate court and before I could get all the information my father passed away.
He did 2 lady bird deeds and filed them and said they had started to work on the petition but a court date was never gotten. I am not sure how to approach him about this issue since he really didn't do what he was hired for and how I ask for a partial refund.
Direct communication is best. But first, review any engagement agreement you or your father signed with the lawyer. Depending on what exactly was to happen, your father's passing may have frustrated the process. Most lawyers want to be fair.
Q: I was executer of estate and my attorney discouraged me from submitting my creditors claim and assets not protected help
The order of probate was not followed the statuary fee way over exceeded the amount in assets the attorney met with the other side not just the attorney the actual people the decedent owned property we received nothing the decedent was in a very lucrative industry with 2 other partners one partner... Read more »
Statutory fees are paid first, so, if statutory fees exceed the value of assets, filing a creditor's claim would make no difference. If property was wrongly excluded from the estate; that is a completely different problem.
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