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Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for California on
Q: Can a law firm lose your file and have no knowledge of what happened with your case?

The law firm who was responsible for my product liability case after 6yrs tell me the don't know what happened to my or about my case. I live in California and the case was to handle in Texas.

Joel Gary Selik
Joel Gary Selik
answered on Feb 6, 2023

If they did this, then you may have a good legal malpractice case. Consult with an experienced expert in legal malpractice.

Q: My Workers' Compensation Atty never communicates or knows me. Feel unrepresented. Wrongful doings by my claims adjuster.

Employee injured/disabled; neuro spinal surgery done with more damaged nerves.

Claim's adjuster biased and fabrication in reports and proofs to Atty with no response. Lots of INTENTIONAL HIPPA VIOLATIONS DONE.

Joel Gary Selik
Joel Gary Selik
answered on Feb 6, 2023

Try to discuss your concerns with your attorney. If you are not satisfied, consult with other attorneys on taking over the case. You may want to hire a new attorney before firing your current attorney.

Note, this is only general information, not legal advice. Consult an attorney in your state.

1 Answer | Asked in Legal Malpractice for California on
Q: Trust attorney drafted wrong type of trust for my dad. Is that legal malpractice?

I have gotten a court deposition that he admitted to not creating the right trust. The trust created was power of appointment and he asked for restricted A/B with my stepmom.

Joel Gary Selik
Joel Gary Selik
answered on Feb 2, 2023

Yes it may be. An experienced legal malpractice attorney needs to review the facts, including the financial losses due to the malpractice.

1 Answer | Asked in Divorce, Family Law, Juvenile Law and Legal Malpractice for Arizona on
Q: In Arizona, who handles grievances toward court appointed counsel? Does it matter if the lawyer has their own firm?

I fired my attorney, right in front of the "mediator", and she told me "all the lawyers here are interchangeable. They're going to tell you the same thing. " Had i only known i needed to say it to the judge. Maybe it wouldn't have made a difference at all.

Stephen M Vincent
Stephen M Vincent
answered on Jan 27, 2023

The Arizona Bar handles complaints about lawyers.

As for having their own firm, it really doesn't make a difference.

If you think of suing your lawyer, you really should speak to a legal malpractice attorney before you file anything.

1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: multi injury from fall at work back and neck denied by w/c but QME adds them as industrial after settlement w/o consent

fall at work tore radial nerve out of my right bicep mussel lost all function of my right dominant hand fingers thumb wrist and my neck and back were denied by worker comp ins QME adds to industrial claim and worker comp ins adds as new and further when there from same industrial fall at work like... Read more »

John Karas
John Karas
answered on Jan 25, 2023

Your lengthy description of events really isn't an Insurance Bad Faith matter. You MAY have an malpractice case against your attorney regarding settling/dismissing some of your claims without your consent.

I suggest consulting with attorneys in your area who handle attorney...
Read more »

2 Answers | Asked in Family Law, Domestic Violence and Legal Malpractice for New York on
Q: Why would I use an attorney provided by this judge ?

I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 16, 2023

The appointed lawyer is an independent attorney who is on a panel with no connection to the judge. Of course, you are always free to hire your own lawyer if you have the means to do so.

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1 Answer | Asked in Legal Malpractice and Criminal Law for Utah on
Q: My son almost got hit by a bus yesterday. The bus has not been following safety rules for awhile. What can I do legally?

For months the bus driver has been allowing the kids to cross right in front of the bus. Yesterday the bus driver drove off right as my son was starting to cross and other kids were still in the street. My son is young and is now scared of crossing the street.

Aric M. Cramer
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Aric M. Cramer
answered on Jan 10, 2023

This is not a criminal law question. If you think the driver is committing crimes, you need to contact the police.

1 Answer | Asked in Intellectual Property and Legal Malpractice for Georgia on
Q: Can I run my own virtual boutique firm while working for another law firm?

I want to start a Trademark law firm, initially just helping clients file their applications. Is this an ethics issue if I also work for an IP law firm? What if the practice areas are different?

Erik Špila
Erik Špila
answered on Jan 10, 2023

In most jurisdiction there is a law that says that this would be considered as a a breach of non-competition with your employer. You must therefore find a pertinent laws in your country which states what are the restrictions for your profession. Also you need to check out your employment contract... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: How protected are sealed criminal record's

Hi, here recently a rather well known person (who is not a judge or in any way related to the legal sphere of work) publicly showed a person's sealed criminal record. How on earth is that possible, and is doing something like that illegal?

Louis George Fazzi
Louis George Fazzi
answered on Jan 8, 2023

You have posted this question in the forum for California lawyers. You need to re-post this in the message board for lawyers in Washington state.

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1 Answer | Asked in Criminal Law, Collections and Legal Malpractice for Florida on
Q: Ingram maintenance charged membership bank froze account no affiliate to Ingram

Never sign contracts app

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 6, 2023

There is not nearly enough information for any lawyer to be able to advise or help you. Retain a banking lawyer.

1 Answer | Asked in Foreclosure, Real Estate Law and Legal Malpractice on
Q: What des it mean when money is held in trust by a law firm

I defaulted on my mortgage, so it went to a legal firm. I paid more than 5000 to a legal firm as part of a payment proposal that never came to fruition. I ended up in court and a year later have to get my mortgage up to date. 5500 dollars is being 'held in trust.' what does this mean?

Anthony M. Avery
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Anthony M. Avery
answered on Jan 3, 2023

It appears that you need to examine your agreement with the so called "legal firm", which I am assuming is in writing. Most likely they are supposed to take the money out of trust and pay off the mortgage debt, after subtracting their fees. There may not be enough to payoff the... Read more »

1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: I’m looking for a litigator with experience in Federal Court, specif. in Northern District of California, San Francisco

The DA of a certain California County may be guilty of vexatious litigation against me, as well as collusion with a judge. I’m aware these are serious accusations, However, if I can consult with a federal litigation attorney, he/she will understand why I’m concerned once I provide the details.

Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

I think you have a misunderstanding as to what a vexatious litigator is or can be. The DA cannot be a vexatious litigant. Pursuant to CCP 391, et seq., it can only be a pro per litigant who has maintained at least 5 litigations other than small claims to final determination adversely to the person... Read more »

1 Answer | Asked in Legal Malpractice and Workers' Compensation for California on
Q: I had an work injury on 2020 And for negligence i don't know my accident not have a cure .

Negligence of attorney or insurance to let pass a lot time my accident don't have cure ..

William John Light
William John Light
answered on Jan 2, 2023

You may qualify for the Covid extension to the statute of limitations which granted an extension from from April 6, 2020, until October 1, 2020. Speak to an personal injury attorney whether the extension applies or whether you might have a claim for malpractice based on your attorney allowing the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: Are there any cases where an EEG test took precedence over a interview only exam to prove sanity?

The LAPD arrested me, the victim instead of the perp, then tried to frame me to cover it up and got caught on film planting falsified evidence. I represented myself and proved in court that the plaintiff's had made their entire story up. But because the cops tried to frame me and got caught,... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Dec 26, 2022

This would be an issue for doctors to testify to, not a legal issue.

1 Answer | Asked in Contracts, Employment Law and Legal Malpractice for California on
Q: Case Law: Attorney files to withdraw as counsel due to medical reasons and the Court denies Motion.

Is there a Case Law where a Court orders counsel to hire co-counsel when the attorney files to withdraw from case without the consent of client because continue practicing law will harm health.

Is there a Case Law where a Court Denies Motion to Withdraw as counsel when an Attorney files to... Read more »

Neil Pedersen
Neil Pedersen
answered on Dec 24, 2022

You have not asked a question.

Your best move is to ask your attorney how he or she intends to proceed. One approach could be to challenge the order by way of writ. There is case law that suggests a court should give great deference to physical disability.

Good luck to you.

2 Answers | Asked in Family Law and Legal Malpractice for California on
Q: can lawyers who have a state bar complaint on the still be on that case.

acts of moral turpitude have occurred and a state bar complaint was filled on lawyers, can those lawyers/law group still be on that case? it's a family law case. Can I notify the judge of this bar complaint before the hearing resides? and what can the judge do once he learns of these acts of... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Dec 24, 2022

If a client files a bar complaint against his own lawyer may have created a conflict of interest that may require the attorney to withdraw.

Otherwise, a complaint is nothing but a complaint, and not a finding of anything done wrong.

Further, unless an attorney is suspended from...
Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: What happens if the state does not file a motion to change the cause number to reindict but follows through under new #?

If a motion has to be filed before a cause number is assigned, is it lawful to file a motion after?

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Errors and discrepancies in case numbers are almost never fatal. Most such issues can be corrected. It is the substance that matters

1 Answer | Asked in Divorce and Legal Malpractice for Michigan on
Q: If I had requested to fire my attorney (private), and the judge denied it without letting me give probable cause, can

my divorce be null and void since I was forced to comply with the divorce decree under duress? My Lawyer was known for making motions. He filed only 1 in my case and he wasn't even present for it. I was so poorly represented and my lawyer was doing nothing to help me, even though I sent... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2022

No, it will not nullify your divorce. Was it a consent judgment or did you go to trial?

As an aside, being "known for making motions" isn't necessarily a hallmark of quality lawyering.

2 Answers | Asked in Criminal Law, Legal Malpractice and Small Claims for Illinois on
Q: Can i sue or file a complaint against this county

Recently i took a plea for a criminal case and received the final disposition now my license and other things have been suspended due to this case that wasn’t involved in the disposition my license is my way of working and the courts new this

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 13, 2022

There is no case against the county. The court protocol of accepting a guilty plea is to place that plea on the record with a clear explanation of its terms, conditions and collateral effects on one's life. Also, that plea is given "freely and voluntarily," with all understanding on... Read more »

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1 Answer | Asked in Legal Malpractice for California on
Q: ¿What can I do if I my retained lawyer calculated billable time and items in a way that I find borderline malpractice?

We have only started our case(2 weeks ago), very little progress, unhappy with his skills, performance, his communication, and specially the way he's calculating the billable times. It's in California. I already know for sure that I would not want to continue with him, but also find... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Dec 12, 2022

If you are already unhappy, have a discussion with your attorney. If you do not get satisfactory answers, look for a new attorney.

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