Legal Malpractice Questions & Answers by State

Legal Malpractice Questions & Answers

Q: Legal over-billing problem in California?

1 Answer | Asked in Legal Malpractice for California on
Answered on Dec 14, 2017

Unless it was a flat fee, then a retainer is replenishable. If she did additional work, you probably owe. However, your retainer agreement may provide for status reports, billing statements, etc., on a regular basis. If you did not receive these, you may have the right to object. If this is the situation, and your attorney won't come to agreement with you, then you might be able to file a complaint with the State Bar.
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Q: My brother turned 18 and is now an adult, aren't they now responsible for the fees? Anyway to transfer it to him?

1 Answer | Asked in Legal Malpractice, Contracts and Juvenile Law for California on
Answered on Dec 14, 2017
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Q: I can't get in touch with my divorce lawyer; he's been ignoring me for months.

1 Answer | Asked in Legal Malpractice for California on
Answered on Dec 14, 2017

It's malpractice when he does something that is below the standard of care for an attorney in the community, or fails to do something that an attorney in the community would do, which causes you substantial damage. In the meantime, start calling other attorneys. There are a lot of lawyers who practice family law.
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Q: Is it legal to have two pending child support cases?

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for California on
Answered on Dec 14, 2017

Of course it's legal. A father can have multiple children with multiple women and be sued multiple times for child support. Unless you mean the same parent making two child support claims against the other parent regarding the same child in two cases simultaneously. You can't be awarded double child support.
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Q: During the last meeting with my lawyer, I smelled alcohol on his breath.

1 Answer | Asked in Legal Malpractice for Illinois on
Answered on Dec 10, 2017

If you trust your lawyer, consider staying with him. On the other hand, if this has shaken your confidence in the lawyer, consider switching lawyers. If you believe he was intoxicated you may wish to consider contacting the Lawyers Assistance Program at (312) 726-6607. They are trained to assist lawyers who suffer from alcohol or drug problems. I believe it's possible to do this in such a way that they lawyer will not learn who contacted them.
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Q: How can I appeal the judge's decision before the next hearing? and what would he have to do to sue the social worker?

1 Answer | Asked in Family Law, Appeals / Appellate Law and Legal Malpractice for Rhode Island on
Answered on Dec 5, 2017

Talk to your attorney to get a good analysis/estimate for costs and chances of success.
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Q: an attorney in a MSA negotiation fails to notify the client of a last minute change in the document.

1 Answer | Asked in Legal Malpractice for Illinois on
Answered on Dec 2, 2017

Tough question. While it is true you should have read the document before signing it, many legal documents and the issues they address are so complex that they induce MEGO ("My Eyes Glazed Over") and significant things can be missed. When in doubt, ask your attorney, "Have any changes been made since I last read this document?" If the answer is yes, ask for a red-lined copy which specifically marks all additions or deletions from a prior version of the same document.

If the attorney...
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Q: What should I do if I'm near trial and I feel that my attorney mishandled my case?

1 Answer | Asked in Employment Law, Employment Discrimination, Sexual Harassment and Legal Malpractice for Illinois on
Answered on Dec 2, 2017

Don't assume your relatively inexperienced attorney is no match for the opponent with 30-plus years. The opposing attorney may underestimate the capabilities of your attorney, if nothing else.

Without details as to why your documents were turned in late, it is difficult to determine whether the lawyer was at fault.

Whether malpractice exists if summary judgment was entered against you on three of your charges depends on why the order(s) for summary judgment issued. At times a...
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Q: is it conflict of intrest if a employee AKA plaintiff, judge works there also does hearing

1 Answer | Asked in Employment Law and Legal Malpractice for Florida on
Answered on Dec 2, 2017

You have file a lawsuit with the same civil claims department? Yes, you should consider asking for a change of venue, or that a judge from another county be assigned to your case.
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Q: Electrical fire in Apartment Building , Landlord Responsibilities .

1 Answer | Asked in Landlord - Tenant, Legal Malpractice and Real Estate Law for Michigan on
Answered on Dec 1, 2017

The answer is going to be located in your lease. Without reviewing it in detail it is impossible to say, however, there is likely a section about 'damage or acts of God' or something similar that will define the landlord's and tenant's responsibilities and the impact such damage will have on the lease, if any.

For example, it is common for a lease to say something like 'landlord reserves the right to either repair damage in a reasonable time, and tenant remains responsible for lease...
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Q: Can another lawyer legally tell another lawyer that works in a same office but not partners to not represent a client?

1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for Texas on
Answered on Nov 29, 2017

You don't want to be represented by a lawyer that isn't happy to represent YOU!

The Texas State Bar has a bunch of rules for attorneys. Many of them are complicated, obscure, or even counter intuitive. If an attorney is concerned that representing a client might break a rule, they shouldn't represent the client. For example, there are complicated conflict-of-interest rules that limit who an attorney can represent today based on past cases, and even on the past cases of the attorney's...
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Q: Hello, I would like to know if a paralegal is allowed to draft legal documents for a client?

1 Answer | Asked in Legal Malpractice for California on
Answered on Nov 16, 2017

Paralegals may not “[s]elect, explain, draft, or recommend the use of any legal document” to anyone other than their supervising attorneys. Business & Professions Code § 6450(b)(3). While paralegals can perform “substantial legal work,” they must do so “under the direction and supervision” of a licensed attorney. Id. § 6450(a).
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Q: Would it be legal for the place I regularly work to file me as an independant contractor to avoid taxes?

1 Answer | Asked in Employment Law, Legal Malpractice and Tax Law for Texas on
Answered on Nov 15, 2017

You have a two-part question:

(1) Neither federal law or Texas state law require employers to provide employees with a lunch break. Employers choose whether to provide employees with a lunch break during a work shift. The only exception involves mothers who breastfeed. They must receive a lunch break of at least 30 minutes.

Yet, employers may not discriminate in permitting rest periods (“breaks” or “lunches”). This means an employer may not offer some employees rest...
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Q: Legal Malpractice

1 Answer | Asked in Legal Malpractice for Minnesota on
Answered on Nov 7, 2017

Your location is Florida, I am unsure if you intended to ask this question in the Minnesota section. Legal malpractice claims are often frivolous. Your best bet is to consult with a lawyer who handles such claims.
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Q: If a non lawyer helps someone fill out a form and lies about their own address is it perjury?

1 Answer | Asked in Family Law, Criminal Law and Legal Malpractice for Florida on
Answered on Nov 7, 2017

Not unless that person signed the form under oath.
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Q: How to file a grievance against an attorney

1 Answer | Asked in Family Law, Constitutional Law and Legal Malpractice for Texas on
Answered on Nov 6, 2017

Under each Bar Associations there are Disciplinary Committee that entertain and address grievances against any Attorney supported with solid proof and evidence thereof.
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Q: If i sold someone my not running car for $300 and they fix it but i cant transfer the title can i take my car back

1 Answer | Asked in Contracts, Business Law, Legal Malpractice and Lemon Law for Indiana on
Answered on Nov 5, 2017

Your question is more of morality than of legality.

As you admitted that you sold it @ 300 being out of order and the purchaser did fix it for whatsoever he has incurred on. You now want it back without paying any penny of their expenses so incurred to put it back, is a matter of breach of trust on your side.
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Q: Per my bank statement my contract is fulfilled/paid off.Company is dishonestly requesting more money. How can you help m

1 Answer | Asked in Civil Litigation, Legal Malpractice and Consumer Law for Florida on
Answered on Nov 5, 2017

The only help to give via rhis online forum is to suggest you hire a lawyer in your area.

Good luck.
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Q: How can I respond to appellate court on why appeal was filed untimely and my attorney didn't advise me

1 Answer | Asked in Criminal Law, Immigration Law, Federal Crimes and Legal Malpractice for California on
Answered on Oct 30, 2017

your lawyer does that for you.

if you lawyer screwed up courts will often allow you to correct it...................seek the advice of another lawyer who handles this area of law to look into it to determine if there is legal malpractice.
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Q: How do you get out of a partnership agreement that your partner won't let you get out of can he hold you

1 Answer | Asked in Contracts, Business Law and Legal Malpractice for Tennessee on
Answered on Oct 28, 2017

A partner generally can "withdraw" from a partnership. But this does not remove from liability for any existing debts. If there is a written partnership agreement it may have language that spells out how you withdraw.
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