Legal Malpractice Questions & Answers by State

Legal Malpractice Questions & Answers

Q: Can this case be dismissed because I was arrested for marijuana poss in someone else's vehicle without a search warrant?

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Probate for Georgia on
Answered on Apr 28, 2017

The officer can pull you over for the headlight violation. The smell of marijuana is generally enough to permit a vehicle search. You should hire a lawyer.
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Q: If I want to go to trial in an injury case does my lawyer have to pursue a trial?

2 Answers | Asked in Legal Malpractice for California on
Answered on Apr 28, 2017

If you don't consent to settlement, then there is no settlement and the case proceeds to trial. If you reject your attorney's settlement advice, he or she may stop funding the costs of your case and request that you provide funds necessary to cover the costs through trial. That can be tens or even hundreds of thousands of dollars. If you don't pay, you will have no experts to testify on your behalf and you will lose, and it will be your fault.
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Q: How many years do I have to sue for the remainder of my settlement money from my previous attorney. And malpractice.

1 Answer | Asked in Legal Malpractice for Illinois on
Answered on Apr 27, 2017

If a attorney is holding on to your money and not giving a satisfactory explanation, you need to immediately go see another attorney.

The deadline for filing malpractice cases against lawyers is very complicated because it turns on when the time starts.

Once again, you need to see an attorney immediately so you don't miss the deadline.

This all assumes you have a valid case.
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Q: Is it malpractice stating you filed a case in state court - when you did not?

1 Answer | Asked in Legal Malpractice for Massachusetts on
Answered on Apr 27, 2017

See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: When does malpractice take place? When an attorney lies about filing suit, or statue of limitations to file suit missed

1 Answer | Asked in Legal Malpractice for Massachusetts on
Answered on Apr 27, 2017

Malpractice is based on multiple elements, including a showing of damages. See: https://www.justia.com/injury/legal-malpractice/. You may also report the lawyer to the state bar for such deceit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I...
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Q: Is there a Legal or Ethic meaning to an Attorney's signature?

3 Answers | Asked in Employment Law, Employment Discrimination and Legal Malpractice for New York on
Answered on Apr 27, 2017

I do not understand your question.

Lawyers are generally not parties to contracts. Sometimes lawyers will sign settlement agreements to confirm that they have conferred with and advised clients but lawyers do not in general guarantee compliance or guarantee representations made by another party to an agreement.

Lawyer fee agreements are legally binding documents. Lawyers agree to perform certain specified services to the best of their ability and are bound by the terms they...
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Q: I recently fired my attorney and I have in writing and on voicemail him stating I get a full refund. Then he charges

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Legal Malpractice for Louisiana on
Answered on Apr 26, 2017

A lawyer has the right to charge what is a fair fee. If he promises a full refund, however, you have the right to enforce that promise. If he or you contests what is owed (or what is a fair fee), you have the right to ask the Office of Disciplinary Counsel in Baton Rouge to intervene. They can be reached at https://www.ladb.org/. Good luck.
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Q: seeking attorney for consultation for animal medical malpractice for fairfax, virginia

1 Answer | Asked in Animal / Dog Law, Legal Malpractice and Medical Malpractice for Virginia on
Answered on Apr 21, 2017

The problem is that the value of the animal is basically the market value.However there may be other things involved.Start with members of the Va. trial Lawyers Assn-they give free consults.
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Q: What's the first step in disputing a legal bill?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Apr 20, 2017

Consult with a lawyer to review the contract and bills. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in California, New York, Massachusetts, and Washington, DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: Can you sue a lowyer for not doing as wat he was supposed to do and denying contact with us?

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for California on
Answered on Apr 18, 2017

You can terminate the lawyer and hire a new one if you want to. As for a fee dispute, it depends on the facts of the case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Answered on Apr 17, 2017

Bad practice for the doctor. Generally, if the doctor not there you should direct them back to the doctor's phone number.

It may be a technical violation, but likely not criminal though possibly so as to prescriptions for certain medications.

Your attorney should be able to send her a cease and desist, though I would caution depending on her status, how she left may be volatile and you don't want to rush to get in her face.
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Q: Hello, Is there any legal remedy to sue a hospital for medical records breach that was cover up by employee ?

1 Answer | Asked in Contracts, Health Care Law, Legal Malpractice and Medical Malpractice for Virginia on
Answered on Apr 17, 2017

Generally there are not damage cases you can bring for a HIPAA violation.Contact a local attorney to be sure.
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Q: State gets continuance for cop and I was denied for same hearing?

1 Answer | Asked in DUI / DWI, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Nebraska on
Answered on Apr 17, 2017

You should have had your attorney contact the court and it would have likely be continued.
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Q: Is there any experienced LTD attorneys in Spokane, wa?

1 Answer | Asked in Personal Injury, Workers' Compensation, Insurance Bad Faith and Legal Malpractice for Washington on
Answered on Apr 14, 2017

Look for an attorney who handles ERISA claims--strt with the State of Washington Assn for Justice--they give free consults. However, 15 years is in most cases way too late for a case like yours.
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Q: they lost my notice of intent to file writ of extraordinary petition

1 Answer | Asked in Adoption, Juvenile Law, Legal Malpractice and Small Claims for California on
Answered on Apr 10, 2017

The timing issue is the problem. You'd need to prove why you waited so long and whether you had reason to know about the problem earlier. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: the juvenile court lost my writ of extraordinary petition is this grounds to file a writ of habeas corpus

1 Answer | Asked in Adoption, Civil Litigation, Civil Rights and Legal Malpractice for California on
Answered on Apr 10, 2017

The timing issue is the problem. You'd need to prove why you waited so long and whether you had reason to know about the problem earlier. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: Can I move case out of state in case of collusion? I don't live where case is filed. How can I proceed?

1 Answer | Asked in Government Contracts, Employment Discrimination and Legal Malpractice for California on
Answered on Apr 9, 2017

You can seek remedies such as sanctions motions or motions for recusal if there is collusion or another such injustice in your case, or you may seek a transfer of venue to another court in the same jurisdiction if applicable. But jurisdiction is not a dynamic notion and thus cannot be changed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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Q: Who is responsible for passing smog? Dealer or the buyer?

1 Answer | Asked in Consumer Law and Legal Malpractice for California on
Answered on Apr 5, 2017

Once you bought the car, the duty to pass smog is yours, unless you have a warranty from the dealer that says otherwise. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: My friend pled not guilty to murder at bench jury. Sentenced guilty for life w/ little evidence & no suspects. Appeal?

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Michigan on
Answered on Apr 4, 2017

To appeal or not depends on too many factors to answer convincingly in this forum. I'll address some inconsistencies in your question that hopefully will let you better understand the state of your loved one's case.

I am unsure whether your friend plead guilty or was found guilty at trial. Your question indicates a "bench jury". A trial by judge alone is called a bench trial; a trial with a jury determining guilt or innocence is called a jury trial. At any rate, it appears that some...
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Q: What are some motions that I can file in Texas for child custody when the state has tmc i go to trial next month,

1 Answer | Asked in Child Custody, Family Law, Constitutional Law and Legal Malpractice for Texas on
Answered on Mar 30, 2017

You need to hire a family law attorney to represent you in Texas. The state is very serious about protecting children and about following their instructions and abiding by their rules. If you want to be sure your parental rights are protected, contact an attorney right away. This is not a matter you should even think about handling yourself.
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