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Legal Malpractice Questions & Answers
1 Answer | Asked in Estate Planning and Legal Malpractice for Idaho on
Q: The venue where the lawyer practices in CA and I live in Idaho I am hoping to get an opinion/guidance for the following

I discussed my needs with an attorney. (interview) Five days later, I decided to hire him and I paid a $2,000 retainer.

Three months later, I received my first invoice for $5,300, of which $3,000 was for "work" before I hired him.

The interview was to be free as is... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 23, 2020

A lawyer is always advised to get a signed agreement prior to doing work for a client. However, that fact will not mean that an attorney/client relationship didn't exist. In fact, for you to recover on any of your claims it seems to me, you would have to admit that an attorney/client... Read more »

1 Answer | Asked in Criminal Law, Education Law and Legal Malpractice on
Q: Can my school stop me from seeking legal repercussions for a person who assaulted me at school?

School in new south whales

Tim Akpinar
Tim Akpinar answered on Sep 19, 2020

This is something that an attorney in Australia would need to advise on. But as a general matter in many legal systems, it would be improper for a school to interfere in an individual's private-based claims. You may want to discuss this with your parents first. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Does a lawyer have any recourse against the filer of a false ARDC complaint? Or does Rule 775 grant him TOTAL immunity?

Ill. Sup. Ct. R. 775 “IMMUNITY” seems to offer total protection to anyone who files an ARDC complaint against a lawyer, even if the grievance is entirely untrue and filed simply to harass the lawyer. The ARDC thoroughly investigates every claim, and it seems unfair to force lawyers to spend the... Read more »

Robert Shipley
Robert Shipley answered on Sep 17, 2020

I have read both of your questions. Rule 775 does provide that immunity in the context of ARDC communications. It is not clear if the suit you describe is a malpractice claim against you, but if so I would suggest you review with your attorney. If not involving a malpractice claim, but arising from... Read more »

1 Answer | Asked in Contracts, Criminal Law, Divorce and Legal Malpractice for Georgia on
Q: Is there an Law Firm that specializes in Void Judgement.??

I have a case that has many faces: active divorce Since 2016, proposed settlement presented July 8, 2016, final judgment on July 14, 2016, after mediation and consent order signed by judge Feb 9, 2016. My X bringing contempt charges for incurring debt on credit cards. It was mutual and nothing was... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 17, 2020

You may want to call the state bar to inquire about an attorney that would specialize in this type of case. They maybe able to refer you to someone. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Must a defense lawyer in Illinois inform his client that he may have insurance coverage for a lawsuit?

Does a defense lawyer practicing in Illinois have an ethical obligation to inform his client that the client may have insurance coverage for a lawsuit that would cover the client's legal fees? Even if this means that the case would have to be tendered to the insurance company and that lawyer... Read more »

Robert Shipley
Robert Shipley answered on Sep 15, 2020

Generally, any claim/case should be reviewed to determine if there is possible insurance coverage. If there is potential coverage then the claim/case should be forwarded to the parties insurance agent who will transmit to the insurance company. If there is coverage, then the insurance company... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Legal Malpractice on
Q: Can front desk give out a key to anyone that has a Tennant's key?

I was staying at a hotel in Mississippi, at the time I had company after checking to see who it was the knocks went unanswered. The next 4-5 minutes later someone tried to open our door. The deadbolt was the only reason that individual could not gain entrance. I then called the front desk asking... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 11, 2020

A Mississippi attorney could answer best, but your question remains open for four weeks. It was improper for the key to your room to be given out to someone else. In terms of your civil remedies, they would be based on actual damages, more so than damages that might have occurred with a break-in.... Read more »

1 Answer | Asked in Legal Malpractice for Tennessee on
Q: Should I report my attorney?

This past January, I was involved in a car accident. I went to the emergency room and attended all of my therapy sessions. I call the law office every so often for updates. They always say it’s going to be 6-8 more weeks. (Say this every month) It is now September. Now it’s a different story... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 9, 2020

One of the biggest issues, as I understand it, for clients is lawyer timely communicating with their clients. It is a tough area- the lawyer does have other cases- but does need to communicate. the client has only one case- and wants communication in a process that doesn't often move at a... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Legal Malpractice for Indiana on
Q: I have a warrant. My lawyer didn’t appear in court after telling me the day before I didn’t have to go. What do I do?

I can’t get ahold of my attorney. Clark County Indiana

Paul Stanko
Paul Stanko answered on Sep 4, 2020

What county did this happen in?

2 Answers | Asked in Legal Malpractice for California on
Q: If attorney works for the judges Law Firm is it a conflict of interest
Sandy Lynne Meade
Sandy Lynne Meade answered on Sep 4, 2020

Yes and no. Generally, I would expect the Judge to recuse himself/herself from the case if s/he has a close relationship with one of the attorneys or a firm on the case they are hearing such as you are describing. There are exceptions to the conflict of interest wherein the Judge has no... Read more »

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2 Answers | Asked in Legal Malpractice and Business Law for California on
Q: If an equity partner in a law firm screws up badly and the firm is sued - can the partners expel her and keep her stake?

This is for something I'm writing ( a work of fiction) and I'd like to have something with this situation: a lawyer who just borrowed a lot of money to become an equity partner in a law firm is sabotaged to accidentally reveal some very private client info to the wrong people. The lawyer... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 28, 2020

The answer to this question will depend on form of the entity that is the law firm, and the organizational agreements associated therewith. A well-drafted Shareholder's Agreement or Partnership Agreement can spell out the particular circumstances under which an equity owner/partner can be... Read more »

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1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Do ethical rules allow a lawyer to represent client in the court with the judge for whom he personally worked like staff

My ex-husband Lawyer worked for our current judge like staff attorney. What do ethical rules say? Because when a lawyer works for a judge like stuff attorney they develop a personal relationship and in such a situation the judge cannot be impartial. And I have some doubts about the impartiality... Read more »

Timothy Denison
Timothy Denison answered on Aug 26, 2020

There is not necessarily a direct conflict requiring the lawyer to withdraw or the judge to recuse. There may be the appearance of impropriety, but unless the lawyer gained knowledge about you or your case while working for the judge, neither will be required to withdraw.

1 Answer | Asked in Legal Malpractice, Criminal Law, Personal Injury and Municipal Law for Louisiana on
Q: What Are The Legal Definitions Of Self Defense And Of Lex Talonis?

Dixon

E. Alexander Laird
E. Alexander Laird answered on Aug 23, 2020

In Louisiana, a person has a a right to use force to prevent imminent injury. But the force must be reasonable and apparently necessary. You do not have a duty to retreat.

You must also not be the initial aggressor in the confrontation.

1 Answer | Asked in Divorce, Legal Malpractice, Criminal Law and Libel & Slander for Louisiana on
Q: What Is The Legal Definition Of Entrapment?
E. Alexander Laird
E. Alexander Laird answered on Aug 20, 2020

This is a common question and subject to many misinterpretations.

Entrapment is a defense to criminal charges. The basis for entrapment occurs between an officer and defendant before or during the alleged crime. When an officer coerces or uses overbearing tactics to induce someone to commit...
Read more »

1 Answer | Asked in Municipal Law, Criminal Law, Legal Malpractice and Wrongful Death for Louisiana on
Q: Can A Municipality Issue A Warrant And Arrest You For Not Appearing At A Court Date That You Were Never Summoned To?

Water Bill Utility Autopayment Overdraft That Somone Else Set Up - Charged With [Issuing Bad Checks]

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 20, 2020

You need to hire an attorney to get the warrant recalled.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Can associate lawyer from a firm representing me jump ship, start practice and represent my ex against me to modify

Divorced 2010...ex trying to modify and just found out her attorney is an associate attorney of the law firm who represented me in my divorce. Conflict of interest?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2020

Yes, it would appear to be a conflict of interest.

2 Answers | Asked in Divorce, Family Law and Legal Malpractice for Georgia on
Q: My client was just told via an advertisement from an attorney that she was named in a divorce. Is that legal?

This law group was not her or her husband's attorney. They were fishing for work. She did not know they were getting a divorce and had not even been served yet. This law group had her case number and name of the judge. Is this not legal to solicit work like that?

Regina Irene Edwards
Regina Irene Edwards answered on Aug 16, 2020

This is legal. Solicitation by mail is allowed per the State Bar rules. They searched the public records for divorce filings and mailed her a notice. This is why I do not include the addresses of my clients in the petition, to prevent this from happening.

--Regina Edwards |...
Read more »

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1 Answer | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Massachusetts on
Q: Being Sued and Need To Respond to Get Suit Thrown Out or Delayed

This is messy I know, but I'm appreciative of the help. I'm representing myself pro se in a divorce trial. Not my choice. My previous law firm did not file an appearance, they were "consulting", they did a lot of damage on rules of evidence. I didn't pay them. They are... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 13, 2020

Your question is very confusing. Are you seeking to file a legal malpractice claim? If so, that is an area of specialization and you can inquire using this forum. If you are seeking pro bono legal assistance, also, then there are some resources which may be available to you . You need to tailor... Read more »

1 Answer | Asked in Real Estate Law and Legal Malpractice for Florida on
Q: We purchased our home in Oct 2017. It was sold as city sewer and water. We have problems with toilet and found no city

Sewer. We have a bad septic sewer and need a new one put in! In the last few months we spent over $500 to get it pumped. Help

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 12, 2020

You would need to consult with a real estate attorney to review your purchase agreement, which we obviously cannot do online in this forum. If it was only on the listing you likely would not have any recourse in this matter. It is important to use a real estate attorney when purchasing property... Read more »

2 Answers | Asked in Legal Malpractice, Contracts, Identity Theft and White Collar Crime for Florida on
Q: USING A HYPHENATED NAME ON A NOTARIZED DOCUMENT: THE NAME CHANGE GAME - TRICKERY TO AVOID LEGAL LIABILITY

Someone has been financially gaining by using a different name on documentation which has been notarized (as required to be valid and binding) but, the name does not match the legal name or initial on the FL ID. For example: the person's name is "Tom Smith Jones" (First, Middle and... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 7, 2020

To answer that question, a review of all relevant documents and communications would be required because notarization is not normally needed to create an enforceable contract. So the issue is whether the faulty notarization makes a difference, as opposed it being irrelevant because of having a... Read more »

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1 Answer | Asked in Legal Malpractice for Florida on
Q: What type of attorney do I need to sue for malpractice of another attorney ( federal attorney) My case is SOLD.
Clifford B Cohn
Clifford B Cohn answered on Aug 7, 2020

Legal malpractice cases presnt unique problems. There many attorneys who specialize in legal malpractice cases. Do a search on Justia/Avvo/Google

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