Legal Malpractice Q&A by State
Your current state is Virginia
Legal Malpractice Questions & Answers
Q: Can a hotel terminate your stay by force with no just cause?
My children and I have had an extended stay at The Residence Inn by Marriott in Oxnard, California for over eight months. I have remained current with all charges and fees and have spend over $70,000 in room and amenity charges We have recieved no complaints from the hotel regarding our stay. A... Read more »
They can rent the room to whomever they want. You have no right to force them to allow you to stay. Find another hotel. There are plenty in Oxnard that are willing to take your money.
Q: Need a legal mal practice attorney near Norwalk CT
Need to sue my real estate attorney
I would be very interested in knowing more about your case. How did your attorney commit malpractice?
Q: Can your lawyer ask you to sign blank hearing papers without a court date filled set?
My attorney had me in emotional distress at our probate mediation, while he had me mentally under pressure after telling me that we were signing PR over to the plaintiff or its 5 to 10 years in prison he asked me to sign a paper stating my presence at mediation. It took me a minute but I was trying... Read more »
I am sure most if not all experienced lawyers who read all the horrible facts you alleged and your extremely unusual question will have the same immediate response as I did: This is impossible.
On the other hand, if everything you say is 100% true your best option is to report your lawyer... Read more »
Q: Attorney on probation with BAR and screwing up to say the least. What are the responsibilities of the Court to protect?
Need a Malpractice Lawyer?
Almost none. Your first line of defense is you. Find another attorney, and have him help you decide if the matter is ripe for a malpractice suit.
Q: Is it legal for an officer to make a traffic stop while you are paked and they dont engage their blue lights
Yes
Q: Where can I get a pro bono. Lawyer to look at my case to see if i have grounds
I
If you call me at (614)855-3126, I will be happy to discuss your case with you.
Q: Am I responsible to pay my bank money when I was given a fraudulent loan and I used the money before the check bounced?
The person who deposited the check in my account forged my signature. The loan was for $901.70.
Yes. Why? Because you are the only person who has (or had) the $901.70. Surely you do not expect any bank on this planet to eat money just because you accepted a fraudulent check? No; they are making you eat your own money.
Q: I have a question in regards to if a dr writes down no restrictions and signs it
I have a guardian and live in a group home and i was on a 3hr time limit to be out and couldn't help my parents do to a infection i had but i have been cleared by my dr. Specialist in urology today from a follow-up appointment and he said no restrictions and also wrote on my summary paper no... Read more »
Based on the limited details here, it isn't clear why you are still being held subsequent to your urologist lifting your restrictions. It's possible information is missing in terms of their policy, and that your family could need to look further into reasons why you are still being limited in the... Read more »
Q: I had a mild heart attack brought on by a proposed eviction supported the succession attorney hired by sister. recourse?
Sisters atty encouraged her to propose my eviction in order to sell my late mothers home. My understanding is that I am equal share holder in ownership & cannot be evicted. Also I’m disabled - stroke 4yrs ago. I’ve lived with my mom for 18yrs. When I received this proposed eviction, my blood... Read more »
I am sorry you had a heart attack, but the heart attack was not caused by the eviction or the attorney so, no, you can't sue them.
Q: Can I sue lawyer for not doing there job? For causing emotional distress?and messing up case?
August of last year I was in a major car accident in front of a police officer and the carless driver was given a citation while I was taken to the ER. I went to a lawyers office and met with the receptionist who took my statement and got started with therapy right away around December we heard... Read more »
You can only sue a lawyer for economic damages, meaning the money you lost due to the representation. Did you sign the release? if you did, you may be able to receive a settlement check.
The settlement must be agreed to by you as well. If the lawyer did not have your authority to settle,... Read more »
Q: Can my lawyer break my confidentiality with and tell my business to say my mother without my consent? My
I've been fighting a lawsuit for 5 years now and I just settled out of court and it's a company geology agreement between me and the other side and my mother decided to call up to the lawyer place today and ask them all kinds of questions and she got answers things that I don't even know
No, your attorney, or your attorney's office (i.e. "the lawyer place") should not have told her confidential information without your consent.
Q: I live in California. Question re SOL deadline
If I missed filing a Malpractice complaint against my former attorney by one day (ie. SOL expired on a Monday and today is Tuesday) would you still file the complaint and hope for the best? Does the SOL for Malpractice action against an Attorney expire 1 year after the Attorney's last day of... Read more »
The answer to the question, "When does the statute of limitation expire?" is a fairly easy one, although there could be questions about that too. Generally, it depends on what date it began to run; there are many complications as to that question. Typically, as in almost all cases, the SOL begins... Read more »
Q: If you have not received your settlement in 70 days or real news in the status of the settlement? more details below
Mediation is over and If you have not received your settlement in 70 days or real news in the status of the settlement? What should I ask if my lawyer for proof his working on it or has the money already something on paper? I already ask what is the status of my settlement in a letter the... Read more »
You are entitled to be updated and know the status of your case. However, it is not unusual for settlements to take weeks, or months to complete.
Q: I live in California. We have a questions about a legal malpractice claim against two attorneys.
I live in California. We have a legal malpractice claim against two attorneys, one who abandoned our underlying case prior to trial (no Arb in Retainer Agr) & the other who took the case through trial & lost the case (Retainer Agr has Arb clause). The SOL deadline related to the action against the... Read more »
There is a split among attorneys as to whether you should combine serial malpractitioners; it all comes down to specific facts. Indeed, under some circumstances, you may, at some point, be forced to consolidate the two cases. Without knowing more, I would not mention the 2nd attorney in the suit... Read more »
Q: Can my landlords atty still obtain a Writ of Eviction since the time to apply for same lapsed approx 3 mos ago?
10/2018 I received a notice to quit (home is being sold, eviction is not for non pymnt) from landlords atty. I lost eviction case 1/7/19. I appealed the judgment pro se. 2/13/19 I received notice of intent to dismiss appeal via truefile. The notice was also sent to landlords atty. I submit the... Read more »
Yes, the attorney can obtain a writ of eviction. Your appeal was dismissed, and so the judgment issued in January remains valid. The original date to obtain a writ of eviction is simply a waiting period; in other words, the landlord must wait until that date to obtain a writ of eviction, but he or... Read more »
Q: I have an active case with an attorney, but I haven't been able to contact him, should I hire another lawyer?
I haven't been able to contact, or received contact in over three weeks
Depends. Has he/she previously ignored you? If so, I would consider letting them go. If not, i would speak with his assistant and relay your concerns.
Good luck!
Q: If I'm on probation and get a violation I didn't go to court for it my probation officer and his supervisor told me that
They we are going to send you to this program in Beaumont for 3 months. They told me to turn myself in to the county but let me go home that day for 2 weeks but I would have to turn myself in to county on 6/3/19 and the time I sit in the county jail waiting for a bed to come open doesn't count.... Read more »
No, it isn't like double jeopardy. That is when you are put on trial twice for the same alleged offense.
In this situation, you committed a crime but, instead of being locked up, you were given a second chance where you were allowed to do community service instead. Except you didn't... Read more »
Q: Can an attorney refuse to draw up a will if he/she does not agree with some of the terms?
e.g. A person wishes to make an animal shelter a beneficiary and the attorney feels that human charities should have priority.
Attorneys are not obligated to accept any client or any work. However, if it is shown that their refusal is illegal discrimination they are subject to all potential civil and administrative penalties. In this case, there does not appear to be such discrimination. If the attorney has taken your... Read more »
Q: Is a lawyer allowed to interplead your settlement for a non lawyer?
My old attorney held back half of my settlement for a "lien" his employee claimed for working on my case. The lawyer was paid in full. Despite my not wanting him to hold my settlement he waited 6 months to deposit them with the court. Now he is suing me for the interplead fees and the release of... Read more »
If a third party has a lien, which is either created by contract, by statute, or by equity, then the attorney has to either hold the money until the lien is resolved, or to interplead it. It is unclear why an attorney's "employee" would have a lien. Nevertheless, to only safe way to resolve... Read more »
Q: How long does a judgement for medical bills remain in missouri
I found out there is a judgement against me for medical bills my spouse incurred PRIOR to our marriage. The judgement is 9 years 8 months old and it is preventing g me from buying a house. Help!!!
Read the article I published about getting default judgments set aside. It might apply to your situation, depending on whether you were properly served. https://www.avvo.com/legal-guides/ugc/how-to-get-a-default-judgment-set-aside
It sounds like the judgment might expire this year.... Read more »
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