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Legal Malpractice Questions & Answers
1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Q: How long can a fired attorney in FL withhold a settlement?

If multiple insurance companies are being sued and 1 settles, and the settlement check put in escrow by attorney. Client then fires attorney and hires new attorney who takes over case. Can the fired attorney continue to withhold the settlement and for how long... or does fired attorney have to... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 22, 2020

There may be circumstances in which the attorney can hold the settlement funds in his/her trust account, pending global settlement of the case, but if he/she does, he/she must fully communicate with you the reasons for doing so, and might also need to file a motion in court to determine what to do... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Michigan on
Q: How do I get an attorney to represent me in my Habeus case # 19-12248 in district federal, a serious case of corruption?

Too many details in my case, however it started in Montana, and then MI colluded against me. You can bet that big favors were involved.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: How and what to file suit against an attorney for delay tactics and the emotional distress and monetary losses associate

The case has taken more than 5 years. Every time there is a deadline it is missed. We submitted a piece of evidence into record and the attorney was given 15 days to reply with its admissibility. That was 49 days ago. This is a trend and I believe it is to try to run my funds dry so I cannot... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jan 22, 2020

If you believe your lawyer has committed malpractice on your case, you should consult with another attorney to review your file and advise whether he agrees. You have a right to receive either the original or a copy of your file.

1 Answer | Asked in Personal Injury, Products Liability and Legal Malpractice for Nevada on
Q: Our attorney wants to withdraw in the middle of settlement talks

An out of state attorney is in the middle of settlement negotiations with all defendants. The in state attorney who filed the case wants to withdraw suddenly, which will end the case. Is this legal?

Tim Akpinar
Tim Akpinar answered on Jan 21, 2020

From the brief description, it looks like your attorney is appearing in Nevada courts through a motion filed by local counsel. A Nevada attorney could advise you on the specific rules of civil procedure governing such appearances by out-of-state counsel. But your post is open for a week, and time... Read more »

1 Answer | Asked in Civil Litigation, Federal Crimes, Legal Malpractice and Medical Malpractice for Georgia on
Q: Are there any requirements that a witness or testimony must meant before they/it can be used in the court of law?

For example, when a person claims they were present when a crime took place, would they have to prove this in anyway or is any person who claims to know something about a case accepted?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

This is typically proven in court on direct and/or cross examination. This is the importance of good legal counsel. If you haven’t already, it is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to...
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1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Mississippi on
Q: If a patient was sexually assaulted in the hospital is the hospital responsible for the employee's actions if being sued
Arthur Calderon
Arthur Calderon answered on Jan 16, 2020

Quite possibly. I would highly encourage you to reach out to an attorney to talk more about the facts and circumstances. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers offer free consultations to see how we can help out.

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Q: Will my son have a malpractice case or personal injury

My son was see in the ER for an infection on his right foot it was Swollen and painful the doctor cut his foot open and drained it but was not probably drained and the infection had gotten worse his pain was so out of control that we mad several visit to the same ER For the same reason I then... Read more »

William John Light
William John Light answered on Jan 16, 2020

If your son has a case, it would be for malpractice. Getting an MRSA infection is not, by itself, evidence of malpractice. You should contact a medical malpractice attorney to discuss the issue. Your son's medical records will need to be obtained from every ER where he was seen, as well as the... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: I posted a video complaining about the many issues in the company in a negative fashion can they attack me legally?

I briefly mentioned that I would sue them if I could if I had the money can they attack me on that. I was forced to resign

William John Light
William John Light answered on Jan 16, 2020

You can be sued for slander or libel if you published false statements of facts that damaged the company's reputation.

3 Answers | Asked in Bankruptcy and Legal Malpractice for California on
Q: If a private person without a corporation is coerced into filing Chapter 11 bankruptcy, when it's not even necessary,

My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June 11,2019... Read more »

Michael Jay Berger
Michael Jay Berger answered on Jan 10, 2020

Have your friend call me 310-271-6223.

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1 Answer | Asked in Child Support, Family Law and Legal Malpractice for Illinois on
Q: Child support in Illinois: college student plus child with disabilities. My lawyer refused to do as I asked.

My ex and I originally compromised on our initial child support agreement. He offered a generous amount until the youngest of 4 kids was 18. I had always been stay at home mom. Because of his generosity (no calculations or % when it was still law), I did not seek maintenance. Then when oldest is... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

It is probably too late to seek maintenance, although you may have a very slim chance by arguing you and your ex were mistaken as to the facts involved when you made your choice. A judge can consider (and award) college expenses and can take into account the added expense of raising a disabled... Read more »

1 Answer | Asked in Domestic Violence and Legal Malpractice for California on
Q: Lawyer is not helping me retrieve my confiscated items from the case he was hired to work, what do I do?

I had a bunch of personal items (cellphones, passport, tablet) confiscated and held in police lockup when I got arrested back in July 2019.

The case is now long over, I've been out for 3 months and even though I was told by the judge that I can get my items back my lawyer has not retrieved... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 9, 2020

more info needed.

did you hire this lawyer or was he court-appointed?

either way s/he should be more client-friendly.

if you feel the lawyer is doing something wrong and you don't want to spend the money on another lawyer to assist you, one alternative is to call the state...
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1 Answer | Asked in Contracts, Civil Rights and Legal Malpractice for California on
Q: I was injecting crystal meth not sober with all accident attorneys.

So incompetent not sober I read the law book caljic3.31.5 illegal. I got evidence proof not sober criminal history. They were all seeking advantage of me white collar crime. Ability to suspend their bar licences at the state bar of ca?

William John Light
William John Light answered on Jan 9, 2020

Maybe, if you have some evidence. Testimony, alone, from a meth user probably won't be very persuasive.

1 Answer | Asked in Contracts, Landlord - Tenant and Legal Malpractice for California on
Q: My fianceand I leased a housefor 1 year. She has since moved out on around beginning of Dec. I still live in the house

. I was under the asumption shes basically abandoned her access and Say so concerning entering without my permission.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

What is your actual question?

1 Answer | Asked in Divorce, Estate Planning and Legal Malpractice for Kentucky on
Q: Ex wanting me to give up on legality of home (both names) and I refuse. Can I fight?

2007, lost his job for failing a drug test. Had a few temp jobs for a few days, decided I could carry it all. I worked 2 jobs, paid everything until I got scared and left in 2012. He applied for disability. Got 20 grand lump and lost his mind. Taking my things, being verbally and emotionally... Read more »

Timothy Denison
Timothy Denison answered on Jan 6, 2020

Absolutely you can fight. If it was acquired during the marriage, it is half yours regardless of who’s name it is in.

1 Answer | Asked in Business Formation, Business Law and Legal Malpractice for California on
Q: Is there anything legal that can help i feel as if they are committing a crime as a shady business

I bought furniture from ashleys and it was delivered damaged. Called the same day and filed a complaint. Yet they want to send a tech fo my house to bring it up to manufacturing standards. They want to fix it instead of swaping it with a new one. And they denied my request to swap for a new one . I... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Jan 5, 2020

The short answer is to let them know that if you do not get "what you paid for" … then you will want to post an adverse review on Yelp and to take them to small claims court to get your money back and/or to receive what you paid for.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Illinois on
Q: So I went from 50/50 custody to 3 days a month! I filed motions and judge laughed and told me I'm no lawyer.

I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm not aloud to... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jan 3, 2020

There are attorneys that offer paid coaching and drafting services.

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for New York on
Q: Is it legal for employers to find a way to kick out their employees or push them out so that they can leave ???-help

Need info on department of labor laws or employment laws

V. Jonas Urba
V. Jonas Urba answered on Jan 2, 2020

If you do not have a specific term of employment agreement (i.e. Jan 2020 thru Jan 2021) nor do you have a union collective bargaining agreement that protects everyone in the union nor do you work for the government then chances are pretty high that you are "at will".

Being "at will" means...
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1 Answer | Asked in Legal Malpractice for New Hampshire on
Q: Can someone get fired from job for practically no reason which i was under the impression i had my job still. Guess not

Weekend was over and i get blind sided late sunday out of no where. And i got bills to pay and 3 kids to support.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Jan 1, 2020

Every case is fact dependent. There is nothing in your question that states anything an attorney could work with.

3 Answers | Asked in Legal Malpractice for New Jersey on
Q: How long should it take for a lawyer to respond to his clients questions and inquires?

My lawyer NEVER returns voice mail or my written letter(s). What should I do?

Tim Akpinar
Tim Akpinar answered on Dec 28, 2019

Within a reasonable time. It doesn't necessarily mean an instantaneous response - an attorney could be in court or deposition when a voice-mail arrives. But within the same day is considered reasonable by many to return calls. If someone is very busy or has pressing circumstances, the following day... Read more »

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