Legal Malpractice Questions & Answers

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...
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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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Q: is there a time frame for a law office to reimburse me for the cost of urn and cremation? (long Island, N.Y.)

1 Answer | Asked in Probate and Legal Malpractice for New York on
Answered on May 17, 2018
Michael David Siegel's answer
Make sure you saved your written inquiries. You are supposed to send the Executor a formal Notice of Claim within 7 months of appointment. What you did might qualify. You can make a motion to be paid.
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Q: What would be my next step after a judge refused to properly inform me of all the elements in my charge?

1 Answer | Asked in Criminal Law and Legal Malpractice for Washington on
Answered on May 16, 2018
Jennifer Melissa Azure's answer
Understanding you do not wish to have an attorney represent you, based upon your question I would recommend your next step be to speak with an attorney to explain the process. The Court has not charged you with a crime, the prosecution has.

The Court is required to advise defendants of their rights at arraignment, ensure that the true name and date of birth are provided and go through the elements of the crime - which usually will name either the City or the County and in the State...
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Q: Is there a set time a lawyer has to get me my settlement check? I believe it came to him a couple of weeks ago.

1 Answer | Asked in Legal Malpractice for Illinois on
Answered on May 16, 2018
James G. Ahlberg's answer
There is no official deadline, but as a general rule lawyers try to do this as quickly as possible. After all, the lawyer doesn't get paid until you do. It's possible the check had to be deposited in the lawyer's trust account and he or she is waiting until it clears the issuer's bank before paying the money out of the trust account. If in doubt, call the lawyer's office and ask when you can expect your check.
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Q: Is there a statute of limitations on legal malpractice?

1 Answer | Asked in Legal Malpractice for New York on
Answered on May 11, 2018
Edward X. Clinton, Jr's answer
Yes, there is a statute of limitations on legal malpractice in every state. Depending on where the client is located and where the lawyer is located, the statute of limitations will vary. For example, Illinois has a two-year statute of limitations while Ohio has a one-year statute of limitations.
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Q: I need clarification. My atty filed a bankruptcy appeal and says she's working pro bono and that I am confused.

1 Answer | Asked in Bankruptcy and Legal Malpractice for Colorado on
Answered on May 6, 2018
Kevin Scott Neiman's answer
A good attorney will give his or her preliminary assessment of the case, go over fee arrangements, and discuss with the client whether the case makes sense for the attorney-client team.

You want a lawyer you feel comfortable with. Someone who responds to you with intelligence and compassion. Regardless of where the problems lie, your case is likely resulting in a poor relationship for both of you. Ask for a referral to someone who may be better equipped to handle your case.
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Q: Missed TPR hearing. :*( CYS mailed lawyer only; didn’t tell me. I reqd he appeal TPR [30d,in PA]; didn’t. Any Recourse?

1 Answer | Asked in Family Law, Adoption, Child Custody and Legal Malpractice for Pennsylvania on
Answered on May 5, 2018
Kathryn Hilbush's answer
You have a limited time within which to file and appeal. I strongly urge you to consult with an attorney experienced in appellate work, particularly dependency cases if possible, as well as to find a way to pay for the attorney. Don't miss the appeal deadline - you've already got enough procedural issues in your case.
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Q: Can I obtain my father's financial records,will,inheritance records...iam beneficiary/executor of his estate...

1 Answer | Asked in Legal Malpractice for California on
Answered on May 5, 2018
William John Light's answer
The deed will be in file in the county where the property is located.

If the State Bar still has the other records, you would probably be allowed to get copies, upon proof of your standing as an heir.
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Q: An attorney said she was working pro bono on a bankruptcy appeal, but her contract clearly states it's a contingency.

1 Answer | Asked in Bankruptcy and Legal Malpractice for New Mexico on
Answered on May 4, 2018
Timothy Denison's answer
If you didn’t sign the contract hiring her as your attorney, don’t, and she is not your attorney. Unless there is some misunderstanding as to the scope of her representation and what she is doing for you, and you she determine whether this is the case first, you probably need to find a new lawyer and straighten out the representation.
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Q: i was in a auto accident my lawyer has filed no court papers in 2 half years switched lawyers on me 3 times

1 Answer | Asked in Personal Injury and Legal Malpractice for Virginia on
Answered on May 3, 2018
Jan F Hoen's answer
Speak with the attorney first. If he or she has missed filing suit before the statute of limitations has run, they need to report the matter to their malpractice insurance carrier.
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Q: If a law firm defends a plaintiff knowing there is a conflict of interest because they represent defendant in the past ?

2 Answers | Asked in Civil Litigation, Products Liability and Legal Malpractice for California on
Answered on May 2, 2018
Joel Gary Selik's answer
It is grounds for a legal malpractice lawsuit.
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Q: If I found out a search warrant was never legally filed or returned with proof from the court, what should I do next?

1 Answer | Asked in Legal Malpractice and Criminal Law for Kentucky on
Answered on Apr 28, 2018
Timothy Denison's answer
You should determine where it went and where it is now. You may possibly have a 1983 civil rights action for a warrantless search and seizure.

Q: I severed my relationship with my attorney, but now I just got a bill for stuff she did before I left her

1 Answer | Asked in Legal Malpractice for Illinois on
Answered on Apr 27, 2018
James G. Ahlberg's answer
Yes. If the lawyer did the work, the lawyer is entitled to be paid for what she did (assuming it is properly billed). Think of it this way: If you go to the store and only make it halfway through your grocery list before deciding to leave, you still have to pay for the groceries in your cart when take them and go. The grocery store sells groceries, a lawyer sells his or her time and advice.
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Q: In middle of Juris/Dispo contested hearing County Counsel and I have transcript, misleads court and counsel by stating

1 Answer | Asked in Legal Malpractice for California on
Answered on Apr 21, 2018
Joel Gary Selik's answer
The issue should first be brought to the judge The judge will simply look at the evidence. If the attorney is misstating the evidence, your lawyer will point this out and the opposing attorney will be lose credibility. You can report unethical conduct to the state bar.

Q: I think my attorney's paralegal drafted my will - is that okay?

3 Answers | Asked in Legal Malpractice for New York on
Answered on Apr 20, 2018
Michael Bersani's answer
Yes, as long as the lawyer reviewed and approved it.

Q: Paid a settlement amount a year ago.Now they want more

1 Answer | Asked in Collections and Legal Malpractice for Tennessee on
Answered on Apr 20, 2018
Leonard Robert Grefseng's answer
your question really doesn't contain enough information to provide an accurate answer. If you truly "settled' the debt, hopefully there are letters, cancelled checks, or receipts or other documents that can prove what the agreement that was made. ALWAYS get it in writing. If is was just a verbal agreement or a telephone conversation, there could be a problem. However, debt collectors can make mistakes like anyone else, so there is also the possibility that the recent collection effort is just...

Q: Can a lawyer keep the money we paid him for bankruptcy, even tho we decided not to file? He's been paid for a year.

1 Answer | Asked in Bankruptcy and Legal Malpractice for Missouri on
Answered on Apr 17, 2018
Timothy Denison's answer
He can keep the portion he earned prior to your advising him you were not filing. The rest must be returned.

Q: I would like to keep my (biological) mother away from me (legally) I would like her to stop having contact / seeing me

2 Answers | Asked in Family Law, Legal Malpractice and Child Support for Louisiana on
Answered on Apr 15, 2018
Ellen Cronin Badeaux's answer
Close the door, block her on your phone, get off social media and move.

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