Legal Malpractice Questions & Answers by State
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Legal Malpractice Questions & Answers
Q: Is the place I work for responsible for not telling me to wear mask near machines that expel solder fumes and flux?
Mitchell Feldman's answer
Any employer owes a duty to act reasonable and protect the safety of its employees
Any employer owes a duty to act reasonable and protect the safety of its employees
Q: The police removed my anonymity as they had information I gave them from calls I made to dispatch. Is this legal?
1 Answer
| Asked
in
Civil Rights, Criminal Law, Legal Malpractice and Communications Law
for
California
on
Answered on Mar 13, 2019
Answered on Mar 13, 2019
Dale S. Gribow's answer
this is not my area of law but I assume absent an agreement you might have an uphill road to climb.
anyone can sue anyone for anything at any time........the question is what is the value?
you can always sue in small claims for a minimal cost, and sue for up to $10k, but you must prove damages.
this is not my area of law but I assume absent an agreement you might have an uphill road to climb.
anyone can sue anyone for anything at any time........the question is what is the value?
you can always sue in small claims for a minimal cost, and sue for up to $10k, but you must prove damages.
Q: Nashville, Tn. Received a summons for court in Dec. 2018 from Law firm that is a debt collector for Target.
1 Answer
| Asked
in
Bankruptcy, Consumer Law, Landlord - Tenant and Legal Malpractice
for
Tennessee
on
Answered on Mar 10, 2019
Answered on Mar 10, 2019
Q: The attorney and court orders are full of provably false statements and done by the attorney to defraud me out of rights
1 Answer
| Asked
in
Family Law, Civil Rights, Constitutional Law and Legal Malpractice
for
Kentucky
on
Answered on Mar 10, 2019
Answered on Mar 10, 2019
Q: Is it legal for a bondsman to refer an attorney when both know the judge personally and they know the clients money amnt
1 Answer
| Asked
in
Legal Malpractice, Criminal Law and Gov & Administrative Law
for
Texas
on
Answered on Mar 8, 2019
Answered on Mar 8, 2019
Kiele Linroth Pace's answer
Was it just a friendly referral? If the attorney compensates the bondsman for the referral it might be the crime of "Barratry and Solicitation of Professional Employment" see Penal Code 38.12. If that happened then the client can void the contract with the attorney and file a lawsuit to recover the fee, if they win the can also recover a $10K penalty against the attorney that committed barratry plus that attorney has to pay the client's civil attorney... See Government Code section 82.0651.
Was it just a friendly referral? If the attorney compensates the bondsman for the referral it might be the crime of "Barratry and Solicitation of Professional Employment" see Penal Code 38.12. If that happened then the client can void the contract with the attorney and file a lawsuit to recover the fee, if they win the can also recover a $10K penalty against the attorney that committed barratry plus that attorney has to pay the client's civil attorney... See Government Code section 82.0651.
Q: legal compensation for wrong defendant ?
1 Answer
| Asked
in
Legal Malpractice, Bankruptcy, Appeals / Appellate Law and Mergers & Acquisitions
for
Massachusetts
on
Answered on Mar 8, 2019
Answered on Mar 8, 2019
Q: can an extended stay hotel refuse to continue to rent due to rumors?
1 Answer
| Asked
in
Consumer Law, Personal Injury, Civil Rights and Legal Malpractice
for
Missouri
on
Answered on Feb 26, 2019
Answered on Feb 26, 2019
Ronald J. Eisenberg's answer
A hotel may not discriminate against you on account of race, religion, national origin, etc., but may discriminate against you on account of merely not liking you or mistakenly believing you are selling drugs.
A hotel may not discriminate against you on account of race, religion, national origin, etc., but may discriminate against you on account of merely not liking you or mistakenly believing you are selling drugs.
Q: Can you take on a Court that made an error by not filing the child visitation they ordered?
3 Answers
| Asked
in
Family Law, Child Custody and Legal Malpractice
for
Georgia
on
Answered on Feb 25, 2019
Answered on Feb 25, 2019
Regina Irene Edwards' answer
This question doesn't make sense. An "error" in an order would not allow a party to move away and cut off contact with children. There is something else going on, and you should consult with an attorney who can review the court orders and give specific advice.
This question doesn't make sense. An "error" in an order would not allow a party to move away and cut off contact with children. There is something else going on, and you should consult with an attorney who can review the court orders and give specific advice.
Q: How do I track down the attorney that settled my suit out of court?
1 Answer
| Asked
in
Consumer Law, Personal Injury, Legal Malpractice and Medical Malpractice
for
Washington
on
Answered on Feb 22, 2019
Answered on Feb 22, 2019
Timur Akpinar's answer
As a starting point, one option could be to contact Washington Courts (https://www.courts.wa.gov/) and ask them about any case information they might maintain. There are a number of legal tools for searching state and federal databases (some of these charge fees for their use); these might be useful as well. If the matter was in suit (with an index no.), that could make the chances of finding it more likely.
Tim Akpinar
As a starting point, one option could be to contact Washington Courts (https://www.courts.wa.gov/) and ask them about any case information they might maintain. There are a number of legal tools for searching state and federal databases (some of these charge fees for their use); these might be useful as well. If the matter was in suit (with an index no.), that could make the chances of finding it more likely.
Tim Akpinar
Q: Is there any possible way to get a new prosecutor and judge? Is there any way to reopen omnibus or restart a case?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice
for
Minnesota
on
Answered on Feb 20, 2019
Answered on Feb 20, 2019
Thomas C Gallagher's answer
Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance to do it again, or raise similar issues in a different context. The defendant cannot influence who the prosecutor is, but can remove one judge without cause if done soon after learning which judge is...
Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance to do it again, or raise similar issues in a different context. The defendant cannot influence who the prosecutor is, but can remove one judge without cause if done soon after learning which judge is...
Q: I received a letter in the mail today that threatened legal action for a debt.
1 Answer
| Asked
in
Consumer Law, Legal Malpractice, Small Claims and Bankruptcy
for
North Dakota
on
Answered on Feb 19, 2019
Answered on Feb 19, 2019
Timothy Denison's answer
If the MD stature is 3 years, then the statute has expired and they cannot sue you.
If the MD stature is 3 years, then the statute has expired and they cannot sue you.
Q: Don't you have to be a felon to be a restricted person? Or have mental illness? Or have some conviction for violence?
1 Answer
| Asked
in
Personal Injury, Civil Rights and Legal Malpractice
for
Utah
on
Answered on Feb 9, 2019
Answered on Feb 9, 2019
Timur Akpinar's answer
You could additionally post this in the Criminal Law section. Criminal law attorneys would be able to provide more meaningful input on the issues mentioned here than personal injury attorneys would.
Tim Akpinar
You could additionally post this in the Criminal Law section. Criminal law attorneys would be able to provide more meaningful input on the issues mentioned here than personal injury attorneys would.
Tim Akpinar
Q: I was convicted of a crime and feel I've been abused by the system what should I do?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice
for
California
on
Answered on Feb 8, 2019
Answered on Feb 8, 2019
Louis George Fazzi's answer
Reach out to the ACLU [https://www.aclu.org/],
or contact the Innocence Project [https://californiainnocenceproject.org/?gclid=CjwKCAiA7vTiBRAqEiwA4NTO619-Cl7XEVBnG1ildi__nhZVMsPTWVi4E3yqcx9_XbJZE06PEobbxoC4JgQAvD_BwE]
You can copy and paste either link in your browser.
Focus on lawyers with criminal defense experience, and if you have family members who can help, ask them to assist you in finding a good lawyer to help you. Some of the biggest law firms in Los Angeles...
Reach out to the ACLU [https://www.aclu.org/],
or contact the Innocence Project [https://californiainnocenceproject.org/?gclid=CjwKCAiA7vTiBRAqEiwA4NTO619-Cl7XEVBnG1ildi__nhZVMsPTWVi4E3yqcx9_XbJZE06PEobbxoC4JgQAvD_BwE]
You can copy and paste either link in your browser.
Focus on lawyers with criminal defense experience, and if you have family members who can help, ask them to assist you in finding a good lawyer to help you. Some of the biggest law firms in Los Angeles...
Q: I'm on the run trying to better my life and provide for my family. I need help asap please.
Juan Ooink's answer
No clue what your question is. If you are looking for an attorney to assist you, you need to reach out to them. Please use the Find A Lawyer tab on this site.
No clue what your question is. If you are looking for an attorney to assist you, you need to reach out to them. Please use the Find A Lawyer tab on this site.
Q: Is it legal to film a co-worker in a workplace without their consent in NSW?
Peter N. Munsing's answer
Not sure what you mean by NSW--if you mean New South Wales, you should consult a barrister who handles torts there--this a site for US legal issues.
In general,the situation is evolving. An employer may have surveillance of public areas (a bank). May they surveil employees? Well, they can watch them. Beyond that it varies.
Not sure what you mean by NSW--if you mean New South Wales, you should consult a barrister who handles torts there--this a site for US legal issues.
In general,the situation is evolving. An employer may have surveillance of public areas (a bank). May they surveil employees? Well, they can watch them. Beyond that it varies.
Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?
2 Answers
| Asked
in
Business Formation, Business Law, Contracts and Legal Malpractice
for
North Carolina
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Kelli Y Allen's answer
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.
Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?
1 Answer
| Asked
in
Civil Rights, Health Care Law, Legal Malpractice and Small Claims
for
Arizona
on
Answered on Feb 2, 2019
Answered on Feb 2, 2019
Gary Kollin's answer
While not the best, the machine can be used with only the tube and not the mouthpiece.
While not the best, the machine can be used with only the tube and not the mouthpiece.
Q: Is it illegal for someone to send demand letters posing as an attorney?
Ali Shahrestani, Esq.'s answer
Yes, it is illegal to pretend to be an attorney. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
Yes, it is illegal to pretend to be an attorney. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
Q: Seeking how I ask the Bench Judge to Censure Counsel for request to Withdrawal from my case based on an erroneous claim?
Griffin Klema's answer
Generally speaking, you hold the privilege (and thus the right) to keep information confidential, or to reveal it under the attorney-client privilege. Disclosing information that your attorney provided to you may not be in your best interest however, and I recommend you have another attorney review the information you want to disclose. As for pursuing your former lawyer for malpractice, those are difficult claims to prove, and you would need to start a new lawsuit against your lawyer separate...
Generally speaking, you hold the privilege (and thus the right) to keep information confidential, or to reveal it under the attorney-client privilege. Disclosing information that your attorney provided to you may not be in your best interest however, and I recommend you have another attorney review the information you want to disclose. As for pursuing your former lawyer for malpractice, those are difficult claims to prove, and you would need to start a new lawsuit against your lawyer separate...
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