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Legal Malpractice Questions & Answers

1 Answer | Asked in Legal Malpractice and Wrongful Death for California on

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.

Peter N. Munsing answered on May 23, 2019

Depends on the two cases being "tossed" and the reasons for them. Contact a member of CAOC who handles legal malpractice cases.

1 Answer | Asked in Divorce and Legal Malpractice for Texas on

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 »

Victoria Collins answered on May 20, 2019

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 »

1 Answer | Asked in Legal Malpractice for Tennessee on

Q: Who is responsible for fees and costs if acustody case is filed in the wrong court and is later dismissed

Anthony M. Avery answered on May 20, 2019

Usually the Court taxes the Costs to the Petitioner if the Case is Dismissed.

1 Answer | Asked in Legal Malpractice for California on

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.

Kenneth Sisco answered on May 18, 2019

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 »

3 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on

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 »

Luke Neuville answered on May 18, 2019

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.

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3 Answers | Asked in Constitutional Law, Consumer Law, Criminal Law and Legal Malpractice for California on

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 »

Kenneth Sisco answered on May 16, 2019

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 »

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1 Answer | Asked in Business Law and Legal Malpractice for Florida on

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?

Bruce Alexander Minnick answered on May 16, 2019

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.

2 Answers | Asked in Contracts and Legal Malpractice for California on

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!

William John Light answered on May 13, 2019

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.

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Legal Malpractice for Ohio on

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 »

Denise Rini Esq answered on May 8, 2019

The only recourse is to contact Wells Fargo for the bank policies.

1 Answer | Asked in Legal Malpractice, Criminal Law and Civil Rights for Missouri on

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

Andrea Rogers answered on May 1, 2019

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.

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Legal Malpractice for Illinois on

Q: Im still married and just found out my husband sold our home and forged my signature with a notary present. What to do?

Ray Choudhry answered on Apr 25, 2019

forging a signature is a criminal offense.

see the police

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1 Answer | Asked in Legal Malpractice for California on

Q: Are you legally required to give an officer an ID if he has not articulated or accused you of committing a crime

William John Light answered on Apr 24, 2019

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 »

1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for North Carolina on

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 »

Amanda Bowden Houser answered on Apr 18, 2019

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 »

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for California on

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 »

Neil Pedersen answered on Apr 18, 2019

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...
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2 Answers | Asked in Business Law, Consumer Law and Legal Malpractice for California on

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

Scott Richard Kaufman answered on Apr 18, 2019

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?

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1 Answer | Asked in Legal Malpractice for Oklahoma on

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?

Kyle Persaud answered on Apr 16, 2019

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 §...
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1 Answer | Asked in Constitutional Law and Legal Malpractice for Missouri on

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?

Ronald J. Eisenberg answered on Apr 14, 2019

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.

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Colorado on

Q: I was decieved, lured in, driven to an unknown location, held,questioned, and left there. What should I do?

Brian K. McHugh answered on Apr 10, 2019

Not enough information provided. For starters, who did these things to you?

1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Michigan on

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.

Brent T. Geers answered on Apr 8, 2019

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.

1 Answer | Asked in Legal Malpractice and Probate for California on

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 »

Kenneth Sisco answered on Apr 5, 2019

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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