Legal Malpractice Questions & Answers

Q: brother was pulled over; and I was the passenger; the cops asked for my i.d/refused. Cop ran my name. Is this legal.

1 Answer | Asked in Legal Malpractice for Illinois on
Answered on Jul 16, 2018
James G. Ahlberg's answer
Yes, it's legal. Can you sue? Sue for what? A lawsuit involves a claim for damages. How were you damaged? And no, your civil rights were not infringed upon by the officer merely determining who you are. The officer has a right to know whether the passenger in a car is a violent felon who poses a threat to the officer's safety, for example, or if there's a warrant out for your arrest.
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Q: Is this district clerk supposed to be drawing up documents on any paperwork.#2) And turning them into the courts signed

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for Kansas on
Answered on Jul 12, 2018
Gary Kollin's answer
Talk to your attorney
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Q: Why immigration lawyer would sign up for a case knowing case will fail, case would not work. Is it malpractice or scam?

1 Answer | Asked in Legal Malpractice for Louisiana on
Answered on Jul 10, 2018
Douglas Lee Bryan's answer
I am nor familiar with immigration law, so I cannot comment on whether the lawyer's reassurances were legitimate. However, I would suggest you get a second opinion from another attorney who does handle immigration matters. Also, you may want to consider filing a complaint with the Louisiana Office of Disciplinary Counsel should you feel that the lawyer charged you for services that he knew he couldn't deliver. Information on how to do this can be located at...
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Q: If my son's attorney recommended a settlement that we think is just to

1 Answer | Asked in Legal Malpractice for California on
Answered on Jul 6, 2018
William John Light's answer
No. If you don't like the settlement offer, reject it. Your attorney can either take your case to trial, or withdraw. You are then free to find another attorney and your old attorney will have no claim for fees. You could also fire your attorney, but if you fire him, he will have a lien on your case for the value of the services he provided thus far. He would split the attorney fee with a new attorney, if you can get one. It's hard to get a new attorney when the fee has to be split with...
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Q: We filled out papers we had to sign to begin with the lawsuite.

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Pennsylvania on
Answered on Jul 5, 2018
Elizabeth Tarasi's answer
I am located in Pittsburgh. If you would like to call me to discuss this my phone number is 412-391-7135.
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Q: Filed for a medical malpractice lawsuit two months ago and still haven't heard from the attorney. Is this standard pract

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Products Liability for Pennsylvania on
Answered on Jul 5, 2018
Elizabeth Tarasi's answer
No, when you call an attorney they should return your call within a day or two. Are you sure the case was filed?
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Q: My friends attorney withdrew from his case didn't tell him he had a court date was arrested after paying attorney today

1 Answer | Asked in Criminal Law and Legal Malpractice for Florida on
Answered on Jun 28, 2018
Gary Kollin's answer
He should be going to court in the next few days.

Either hire a new attorney or get a public defender. Get out of jail first. Then deal with the money
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Q: The attorney retained for my son knew, acknowledged my financial scenario and still took case. Out of $5000 I have paid

1 Answer | Asked in Criminal Law, Domestic Violence and Legal Malpractice for California on
Answered on Jun 26, 2018
Angelina Bradley's answer
Is the attorney also ignoring your son, the client? If your son hasn't called his attorney yet, I recommend he reach out directly.

If there's not a waiver in the file (and there should be with a third party payor), then the attorney likely wouldn't be calling you back with details about the case. The attorney would owe a duty of confidentiality to your son that cannot be waived except by your son -- even if you're the one paying the bill.

But if you're saying that the attorney...

Q: If our father was involved in the lawsuit and died before receiving the money.... And now the lawyer refuse to pay us

1 Answer | Asked in Legal Malpractice for Louisiana on
Answered on Jun 26, 2018
Douglas Lee Bryan's answer
A succession most likely needs to be opened to ensure that all of the necessary heirs receive their portion of any recovery. The attorney should let you know what needs to be done to receive your share of any recovery. Should you have any difficulties in dealing with the attorney, I would suggest speaking with another lawyer to counsel you further.
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Q: I filed a SSD claim. Hired a Lawyer. Lawyer did not get medical records in time. Evidence was not allowed into hearing.

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Legal Malpractice and Social Security for Iowa on
Answered on Jun 21, 2018
Erik Luthens' answer
In any legal malpractice case the primary issues are: (1) whether your attorney breached the standard of care or in other words, did something (or failed to do something) that an attorney in a similar situation would have done; and (2) whether your attorney’s error is a proximate cause of your damages, I.e., was your attorney’s error à substantially contributing factor to the bad result you obtained; and (3) had it not been for your attorney’s error, would you have likely succeeded on...
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Q: Where is the criminal statute for practicing medicine without a license in Md What is the code number

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
I can only answer as to Pennsylvania law. Title 18, section 4913 ("Impersonating a notary public or a holder of a professional or occupational license") is probably what you're looking for.

If you're looking for a similar statute in Maryland, I suggest posting your question in the Maryland law section. Best of luck to you.
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Q: Is it legal in California to register a nightclub as a church?

1 Answer | Asked in Legal Malpractice for California on
Answered on Jun 11, 2018
William John Light's answer
Registering with whom? There could be issues with the Dept. of Alcoholic Beverage Control and/or zoning, but without specific information, it is impossible to say.

Q: Can a lawyer file a mortgage modification with missing documents to obtain a executor process to seiz property

1 Answer | Asked in Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice for Louisiana on
Answered on Jun 8, 2018
Douglas Lee Bryan's answer
If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal Services office.

Q: How can I get truly free legal advice on here from someone holding a true Federal license to practice law?

3 Answers | Asked in Legal Malpractice, Criminal Law, Immigration Law and Civil Rights for Texas on
Answered on Jun 4, 2018
Carl Shusterman's answer
There is no such thing as a "Federal license to practice law", but many of us are admitted to practice before various Federal Courts including the US Supreme Court.

Q: How to stop identity theft, mail theft and fraud, forgery, medicare/ins fraud, medical malpractice, deprivation of life

1 Answer | Asked in Federal Crimes, Identity Theft, Legal Malpractice and Medical Malpractice for Maine on
Answered on Jun 3, 2018
Gary Kollin's answer
I am sure they think you are mentally ill. You need to prove them wrong. You need to seek out a psychiatrist they know nothing about and have at least three sessions. Then provide the authorities with the proof and they may listen to you

Q: What type of attorney would you consult with to determine if a situation should be investigated by higher authority

2 Answers | Asked in Federal Crimes and Legal Malpractice for Massachusetts on
Answered on Jun 1, 2018
Gary Kollin's answer
Is it a criminal matter, administrative matter ? You do not present enough information to answer

Q: Lawyer stating his clients are person 1 & 2 but attempting to discuss on behalf of person 3.

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Answered on Jun 1, 2018
Michael David Siegel's answer
It is not your issue. It is person 3's issue. You are the adversary. Representation is between attorney and client.

Q: Discover Card recently requested sending Copy Of SSN, ID, for verification, after two years being with them, what to do?

1 Answer | Asked in Civil Litigation, Civil Rights, Identity Theft and Legal Malpractice for California on
Answered on May 29, 2018
William John Light's answer
This isn't a legal question. You aren't required to give them your SSN.

They aren't required to give you a credit card. If you want the card, you have to play along. Credit card companies need your SSN to run your credit reports. Why they want to do it now, as opposed to when you applied for the card, I have no idea. Your option is to discontinue the card, and apply for another credit card,...

Q: Does Notice of Hearing need to state purpose of the hearing?

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Civil Rights and Legal Malpractice for Florida on
Answered on May 22, 2018
Jonathan A. Klurfeld's answer
Generally, a notice of hearing is supposed to state what is being heard, just the title of the motion; unless the court set it and it is a case management/status conference with no specific item being heard.

You need to reach out to the county for each hearing you need assistance at per the below.

for Citrus County:

AMERICANS WITH DISABILITIES ACT. If you are a person with a disability who needs any accommodation in

order to participate in this proceeding, you...

Q: Will gives land to X in conflict w/irrevoc. trust signed same day to avoid estate tax leaves out X's heirs b/c GSTT.

1 Answer | Asked in Estate Planning and Legal Malpractice for Texas on
Answered on May 21, 2018
Robert W. Leonard Jr.'s answer
You are looking at significant litigation if the parties are not in agreement. In order to advise you, your attorney will have to review all of the documents. Time is of the essence; contact a local probate attorney right away.

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