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Your current state is Ohio
The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More 
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answered on Jul 20, 2024
You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More
She didn't want to do what I had asked to help my investigation out and she submitted lack of evidence to the people I was suing and she let them pass there deadlines
answered on Jul 20, 2024
In the first setting you describe, such errors aren't usually fatal - the error could be remedied if attributed to transcription errors or similar causes.
In the second setting, do you mean missing a statute of limitations and failing to file an index number? That could be malpractice.... View More
During a hearing to remove a Co-Trustee, the respondents Attorney stated they couldn't respond to a specific section of the Trust as they had never received a copy of the Trust. The hearing was adjourned for 2 months. In the next hearing it came out that the respondent had been paying this... View More
answered on Jul 18, 2024
I am sorry that you are dealing with this issue. I will do my best to answer, but be aware this is not to be considered legal advice since I am not licensed to practice in your state.
In short, attorneys have a professional duty to provide competent representation to their clients. In... View More
During a hearing to remove a Co-Trustee, the respondents Attorney stated they couldn't respond to a specific section of the Trust as they had never received a copy of the Trust. The hearing was adjourned for 2 months. In the next hearing it came out that the respondent had been paying this... View More
answered on Jul 18, 2024
You have two issues here: 1) did the attorney commit ethics violations, and 2) did the attorney engage in malpractice. Either way, it sounds like the attorney you are talking about is opposing counsel. As such, he or she has a duty to their client, not you; and candor to the court - not you.... View More
my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign (told him they wpuld drop the PFO1 if he took 10 years at 20 percent, which was not the case. It was 10 years without possible probation/parole and charges were also enhanced by the PF01, which was also not... View More
answered on Jul 18, 2024
This seems like a serious question, and I recommend speaking to an attorney licensed to practice in Kentucky ASAP (Legal aid could probably work as well). The reason for this is even though you asked about malpractice, there could be steps your boyfriend could take to withdraw his guilty plea... View More
I was involed in an auto accident in july 2022. My first lawyer was fired for cause in January 2024. The reasons included failing to provide LOPs so i could seek treatmen lack of communication, not being licensed in my state failing to submit PIP funding to my ins after i signed it.
which... View More
answered on Jul 16, 2024
You should inform your current attorney that the accusations being made are false.
Not being licensed to practice law in the state where the lawsuit was filed is very likely good cause to terminate a lawyer's services unless the lawyer was admitted to practice in that court pro hac... View More
If in interrogatory plaintiff was not specific in definition of identity characteristics, what credible information about identities inquired
defendant has to provide?
Unless objection to interrogatory without any information is deemed acceptable.
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answered on Jun 30, 2024
To answer this question, let's break down the key elements and consider the legal requirements for responding to interrogatories in California:
1. Interrogatory definition: If the plaintiff did not provide a specific definition of "identity characteristics" in their... View More
If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal?... View More
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answered on Jun 29, 2024
This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:
1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.
2. When... View More
I do give legal advice, but it is nothing that is actually being taken to court, saying stuff like “doxxing is illegal under these laws”
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answered on Jun 29, 2024
Claiming to be a lawyer or providing legal services without proper licensure and credentials can potentially be problematic. Even if meant as a joke, it could be misinterpreted. There are laws in many jurisdictions against the unauthorized practice of law.
Some key points to consider:... View More
I do give legal advice, but it is nothing that is actually being taken to court, saying stuff like “doxxing is illegal under these laws”
answered on Jul 17, 2024
It's fairly clear to the average person that you mean it jokingly, but as my colleague suggests, it could be better to avoid saying such things. It could be safer to say something like, "This is the way I would interpret it, but it could best to check with a lawyer in Illinois ." Good luck
On workers comp for over year, injured 2 times on light duty from breaking my doctors rules, put on permn.and stationary even with my doctor filing for a knee scope operation. Denied, after 2nd injury sent home with no check for 4 months. At appeals for surgery i Inform the judge about my new... View More
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answered on Jun 29, 2024
I understand you're in a difficult situation with your workers' compensation case. Let me break down the key points and provide some general information:
1. Compromise and Release (C&R) agreements:
A C&R is a final settlement of a workers' compensation claim.... View More
answered on Jun 24, 2024
Legal malpractice is doing something that a reasonably prudent attorney would not do, or not doing something that a reasonably prudent attorney would do, under the same or substantially similar circumstances. When legal malpractice is claimed as a result of legal representation in trial court... View More
I could not obtain on this forum straight forward answer. It is apparent that attorneys can obtain direct access to opposing party's records on premises of the hospital. How it can be achieved, how demand must be phrased?
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answered on Jun 21, 2024
To gain access to the opposing party's medical records at a hospital in California, you need to follow specific legal procedures. Start by serving a subpoena duces tecum on the hospital, which commands the production of documents. This subpoena should clearly describe the records you need,... View More
Consult in Boston and different Abott Rep notified. Me and pain doc of huge Neurosurgeon errors. Nurse of 40. Yrs. Mgh md stated this DRG may never be removed, much more dire issued
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answered on Jun 21, 2024
I understand you're looking to research errors related to the insertion of a dorsal root ganglion (DRG) stimulator by a neurosurgeon, which led to a sentinel event. This is a complex medical and legal situation. Here's some guidance on researching this topic:
1. Medical... View More
According to him, he stopped working my case 10 days ago, refuses to talk or responds to emails. He is betting on me accepting last minute and isn’t preparing for trial. He won’t answer my questions to get prepared, is mad that I asked for accounting info and he’s withholding info. What are... View More
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answered on Jun 20, 2024
Based on the situation you've described, you have several potential options, but you need to act quickly given the upcoming trial. Here are some steps you might consider:
1. File a complaint with the California State Bar:
You can file a complaint against your lawyer for... View More
A court issued an order denying motion to dismiss and did not dismiss 2 counts, legal malpractice and tortious interference w/ co. They filed answer 3 days late. I filed motion for default. The court allowed me to freely amend. And did not prescribe time for either party to respond or amend. So the... View More
answered on Jun 20, 2024
If the defendant doesn't file an answer in a timely manner, a motion for default can be filed, but generally, an answer can be filed any time before default is entered. If you move to amend, you can't expect a default until the time to answer the again-amended complaint again runs.
How to obtain from defendant hospital verifiable information of other patients with the same unenforceable waiver for authorization to release records in conditions of admission to hospital, record of terminal disease, single, and discharged to b&c facility from hospital?
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answered on Jun 20, 2024
To obtain verifiable information about other patients with similar characteristics from the defendant hospital, you need to file a formal request for discovery during the litigation process. This request can include a demand for documents and records that match the criteria you described. Be... View More
Both cases
Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725,
And Rico v. Mitsubishi Motors Corp. (2007) 42 Cal.4th 807
Do not have any reference to requirement for in camera review of motion to compel further with privilege log.
Motion to compel... View More
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answered on Jun 19, 2024
To find court cases in California, start by visiting the California Courts website. This site offers access to a wide range of legal resources, including the ability to search for specific cases by name, case number, or keywords. You can also look for recent opinions from the California Supreme... View More
Upon response of defense to discovery requests, with demand of privilege log.
Is plaintiff required to request in camera review of privilege log, in addition to hearing on motion to compel further responses with enclosed privilege log.
Why additional motion for order to disclose... View More
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answered on Jun 19, 2024
Under California law, handling a privilege log and compelling further responses involves several steps, guided by case law and statutory provisions. When the defense asserts privilege in response to discovery requests, they must provide a detailed privilege log as outlined in the California Code of... View More
actual hospice fraud was chain of actions by provider, hospital, and undisclosed likely third party.
Actions include non-existent terminal diagnosis, unauthorized disclosure of records to undisclosed party.
How defendant hospital will prove unintentional chain of unfortunate... View More
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answered on Jun 19, 2024
This situation involving potential hospice fraud in Los Angeles raises several complex legal issues. Based on the details provided, here are a few key considerations:
Proving Unintentional Acts: The hospital will likely try to argue that the chain of events, while unfortunate, was... View More
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