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Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

T. Augustus Claus
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answered on Sep 20, 2023

In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not... View More

1 Answer | Asked in Legal Malpractice, Family Law and Child Custody for Mississippi on
Q: I have printed the complaint form for professional misconduct but should I submit this without representation now?

I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over... View More

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

To file a complaint against a lawyer for professional misconduct in Mississippi, see this website:... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Legal Malpractice for Florida on
Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?

The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Legal Malpractice for California on
Q: How can I get through to an unfair and dismissive Judge?

Judge H. in Santa Clara family, has not once heard what I have to say. She is basing my character off of text msg between my ex and my mother(we haven’t had a relationship since I was about 8). There are multiple examples I bring to her attention regarding finances, child care, housing, etc yet... View More

James L. Arrasmith
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answered on Sep 13, 2023

In your situation, it is imperative to meticulously document all pertinent facts and gather substantial evidence to counter the allegations made against you. You might consider bringing in witness testimonies to corroborate your stance, and maintain a composed and respectful demeanor in court, even... View More

1 Answer | Asked in Legal Malpractice and Gov & Administrative Law for Missouri on
Q: Where can I go to get help from the state with a city prosecutor who is harassing us legally.

He is good friends with the lawyer of our neighbor who he has hauling us into municipal court almost on a monthly basis.

T. Augustus Claus
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answered on Sep 6, 2023

If you believe you are being harassed or treated unfairly by a city prosecutor who appears to have a bias in favor of your neighbor, it's crucial to document your interactions, consult with an attorney who specializes in municipal law or criminal defense, and consider reporting any unethical... View More

1 Answer | Asked in Family Law, Juvenile Law and Legal Malpractice for Iowa on
Q: How do I find a lawyer pro bono that will fight against dhs for my family and reunification. The laws are being broken!!

My boys were wrongfully removed... We got evicted and they were removed 2 months later! In November it will be a year this case open and we have tried to fight them and show them the proof that placement is lying and abusing our children! My babies want to come home.. my husband has done... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

Most pro bono legal services are provided through local legal aid clinics. These clinics have the training and resources to screen potential clients for indigency and to complete the necessary paperwork for those clients to proceed in court in forms pauperis. Many legal aid clinics handle cases... View More

1 Answer | Asked in Family Law and Legal Malpractice for Tennessee on
Q: Legal heir can be newly added after 1year in an given certificate. By showing new guideline given.

Sir my friend husband passed in 2021 .actually his father supported her to legal heir certificate by adding mother widow and son and get legal heir certificate in 2022 Feb month then they split their shares given by insurance company. Now his father asking for a share that he has rights in new go... View More

Anthony M. Avery
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answered on Sep 6, 2023

I do not know what a heir certificate is, but you are probably talking about an affidavit of heirship that determines a decedent's heirs under oath. Also I do not know what a go guideline is. If this is some type of TN child support, it has nothing to do with insurance already paid out... View More

2 Answers | Asked in Legal Malpractice and Civil Rights for California on
Q: What jurisdiction do I file a malpractice claim or tort claim against a former Attorney hire to help contest a will

What jurisdiction do I file a malpractice or tortious interference claim and several other violations of professional misconduct that took place in probate, of Northern California. Against former representing attorney hired to represent a beneficiary in a will contest.

James L. Arrasmith
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answered on Sep 5, 2023

For claims of legal malpractice or professional misconduct, you generally would file in the jurisdiction where the attorney's actions or omissions occurred, which in this case appears to be Northern California. Typically, the case would be initiated in the Superior Court of the county where... View More

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2 Answers | Asked in Real Estate Law and Legal Malpractice for Tennessee on
Q: My attorney did our deeds incorrectly, how can this be fixed without having to sign again?

One of the original signing tenants are not available to sign.

Anthony M. Avery
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answered on Sep 1, 2023

You will need to hire a competent TN attorney that knows real property litigation, not a title co. Almost surely signatures will again be required by all necessary parties. If they are not available, the title may be clouded or void permanently. A Quiet Title Action may be necessary with... View More

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4 Answers | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Real Estate Closing, NY Is it legal for my lawyer to hire a lawyer to represent me at closing, without my permission?

I was charged for the outside lawyer to represent me at the closing.

T. Augustus Claus
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answered on Aug 31, 2023

If your lawyer hired another lawyer to represent you at a real estate closing without your permission and you were charged for their services, it's important to consider the legality and appropriateness of this situation. In many cases, lawyers are expected to obtain their clients'... View More

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4 Answers | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Real Estate Closing, NY Is it legal for my lawyer to hire a lawyer to represent me at closing, without my permission?

I was charged for the outside lawyer to represent me at the closing.

Peter Klose
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answered on Sep 1, 2023

It has been my experience that if you have a "retainer" agreement with the attorney, such agreement often includes language that says that the attorney might associate themselves with others to help you complete your matter. Often real estate closings occur without retainer agreements... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: I've recently had my case $29,000 out of that I'm only getting $9640. My attorney getting $19,000.something is wrong

I signed a contract with this firm in March and I have a copy.the attorney is no longer with the firm.when I spoke with the new attorney she told me that 60% goes to the client and 40% goes to attorney,but stated in next paragraph she wanted to speak on phone in order to walk through the different... View More

James L. Arrasmith
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answered on Aug 27, 2023

In California, attorney fees and costs are generally deducted from the total settlement amount before the client's share is calculated. The division you mentioned – 60% to the client and 40% to the attorney – usually refers to the remaining portion of the settlement after the fees and... View More

1 Answer | Asked in Divorce, Domestic Violence and Legal Malpractice for Ohio on
Q: What if my divorce attorney failed to ask the court for a default divorce and instead dragged out the divorce 2 years?

I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 25, 2023

Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer.

2 Answers | Asked in Personal Injury and Legal Malpractice for Texas on
Q: If you fire your personal injury lawyer and you can prove he never even called the adjuster how does he charge a third

And what process can I go through to try to get him not to be paid he never even called he had been retained for 2 weeks

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

The attorney probably can’t recover a full one-third contingency fee if the attorney has not performed any material work on a case.

Calling an adjuster may or may not be necessary in a lawsuit. But a delay of two weeks in a lawsuit that likely will last two years isn’t particularly material.

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1 Answer | Asked in Legal Malpractice for Alabama on
Q: Where can I find a lawyer to sue l2 lawyers for not tending to my medical malpractice lawsuits 3 days before the statute

They had about 6 months I hurt every day

Joel Gary Selik
Joel Gary Selik
answered on Aug 20, 2023

Consult with experienced legal malpractice attorneys in the state where this occurred. Use the search tool on this website find an attorney. Abandoning a case right before the statute of limitations can be malpractice.

Note, you must prove you would have won the case.

2 Answers | Asked in Legal Malpractice for New Hampshire on
Q: If an attorney lied to their client about custody laws and threatened to quit if you didn't agree can you sue them?

My attorney continuesly lied to me inorder to drag out my custody case and help the state max child support and awward mother custody. She would tell me if i exercise my constitutional rights the judge will just take my visitations away, shed tell me I miss understood the laws when I'd... View More

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

Ordinarily a claim against your own attorney will be a claim for legal malpractice. You will be to prove that the attorney’s conduct fell below the standard of care of attorneys in the area and that that caused you to sustain damages, typically by losing a case you would have won.

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2 Answers | Asked in Legal Malpractice for New Hampshire on
Q: If an attorney lied to their client about custody laws and threatened to quit if you didn't agree can you sue them?

My attorney continuesly lied to me inorder to drag out my custody case and help the state max child support and awward mother custody. She would tell me if i exercise my constitutional rights the judge will just take my visitations away, shed tell me I miss understood the laws when I'd... View More

William J. Amann
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answered on Aug 20, 2023

An attorney-client relationship, just like other kinds of relationships requires trust, among other things. It's clear that you do not trust your attorney. However, I don't see any benefit to your own lawyer to intentionally lie to you about anything quite frankly, let alone sabotaging... View More

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1 Answer | Asked in Criminal Law and Legal Malpractice for Alabama on
Q: Can my lawyer represent me in case against a defendant and then represent the defendant on a deferent case
T. Augustus Claus
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answered on Aug 17, 2023

In Alabama, as in most jurisdictions, an attorney representing a client in a case against a defendant would typically have a conflict of interest if they were to then represent the same defendant in a different case. This scenario could potentially compromise the attorney's duty to provide... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Legal malpractice by attorney taking a settlement I refused. They stood me up for Mediation. Then took settlement.

Zero, pros/cons, discussion, zero

Showing or telling amount of itemized

Dr/Attorney Bills..Attorney zero call from attorney

to solve Misunderstanding about

Settle or court. Just blocked me

out and bullying me to docusign.

I have not signed. Until I... View More

James L. Arrasmith
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answered on Aug 15, 2023

It appears that you may have a valid claim for legal malpractice based on your attorney's actions. It's important to consult with another attorney to evaluate the details of your case, assess the potential damages, and determine the best course of action. Keep all communication and... View More

1 Answer | Asked in Legal Malpractice for California on
Q: If a lawyer flies a client into town is it his responsibility to then make sure that client gets back home

The attorney in question flew in my friend from under a hundred miles away knowing she had no money and is refusing to make sure she gets home this can't be right

James L. Arrasmith
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answered on Aug 15, 2023

In California, attorneys are generally not required to provide transportation for their clients. However, ethical considerations may come into play if the attorney's actions create a situation where the client is stranded without a reasonable means to return home. While it may not be a strict... View More

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