Legal Malpractice Questions & Answers by State
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Legal Malpractice Questions & Answers
Q: currently i work for Goodyear my hours are from 8 am to 6 pm 6 days a week but they only pay me for 49 hrs
2 Answers
| Asked
in
Employment Discrimination and Legal Malpractice
for
California
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
Joel Gary Selik's answer
You need an experienced employment/ class action attorney. Email me for a referral.
You need an experienced employment/ class action attorney. Email me for a referral.
Q: My attorney coerced me into signing a low settlement. Can I sue him for damages?
James G. Ahlberg's answer
Coercion means the equivalent of putting a gun to your head, so probably not. If he or she tried to get you to sign for a low settlement, you could have looked at the lawyer and said, "If you can't get me more than that, you're fired," then looked for another lawyer. Also, bear in mind that i's human nature for everyone to think their particular case is worth a lot of money. Sometimes the hardest part of a case is getting a client to understand that their idea of the value of their case...
Coercion means the equivalent of putting a gun to your head, so probably not. If he or she tried to get you to sign for a low settlement, you could have looked at the lawyer and said, "If you can't get me more than that, you're fired," then looked for another lawyer. Also, bear in mind that i's human nature for everyone to think their particular case is worth a lot of money. Sometimes the hardest part of a case is getting a client to understand that their idea of the value of their case...
Q: I'm a patient at UCSD Hospital and was awoken by a maintenance man in my room standing on ladder fixing the roof at 1:30
3 Answers
| Asked
in
Personal Injury, Civil Rights and Legal Malpractice
for
California
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
Q: I just quit my job after a year and a half and they made false accusations towards me threatened me legally can i sue?
1 Answer
| Asked
in
Legal Malpractice, Employment Law and Workers' Compensation
for
New York
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
V. Jonas Urba's answer
Constructive discharge is very difficult to prove. You must show that a reasonable person would not have continued working.
If you qualify, apply honestly for unemployment benefits. If you are unable to recover unemployment compensation, assuming you may need to appeal a denial of benefits, a discrimination charge might be even more challenging.
You have 300 days (after you quit or were fired) to file with the EEOC and 1 year to file with the New York State Division of Human...
Constructive discharge is very difficult to prove. You must show that a reasonable person would not have continued working.
If you qualify, apply honestly for unemployment benefits. If you are unable to recover unemployment compensation, assuming you may need to appeal a denial of benefits, a discrimination charge might be even more challenging.
You have 300 days (after you quit or were fired) to file with the EEOC and 1 year to file with the New York State Division of Human...
Q: How can legall representation attorney and court investigater knowingly use faulse court order in my custody case
William John Light's answer
Your custody case had a hearing in which you had the opportunity to show that the evidence was false or not persuasive.
Your custody case had a hearing in which you had the opportunity to show that the evidence was false or not persuasive.
Q: Mom is 66 I have POA,she sold LLC, she was president, now they are trying for her personal assets,she has none,on ssi?
1 Answer
| Asked
in
Civil Litigation, Elder Law, Legal Malpractice and Medical Malpractice
for
Ohio
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Peter Munsing's answer
I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.
I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.
Q: I was arrested and not charged with a crime or 14 days and I wasn't taken before a judge until 15 days later. Can I sue?
1 Answer
| Asked
in
Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice
for
Oklahoma
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Keegan Kelley Harroz's answer
Yes, you can sue but you are asking the wrong question. You need to ask "Will I recover anything if I sue." The best thing for you to do is to consult with a civil rights attorney. Take proof of your monetary damages and any other documentation that you may have with you to the consultation.
Yes, you can sue but you are asking the wrong question. You need to ask "Will I recover anything if I sue." The best thing for you to do is to consult with a civil rights attorney. Take proof of your monetary damages and any other documentation that you may have with you to the consultation.
Q: Can a mortgage be discharged if there are still liens/Judgments on it?
1 Answer
| Asked
in
Real Estate Law, Land Use & Zoning and Legal Malpractice
for
New York
on
Answered on Sep 11, 2018
Answered on Sep 11, 2018
Michael David Siegel's answer
Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.
Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.
Q: My lawyer won't respond to calls or emails and I'm afraid we're going to miss the statute of limitations deadline for my
Terrence H Thorgaard's answer
Be sure that the lawyer has agreed to file suit in your behalf. Do you have a written retainer agreement providing that the attorney will do so? If not, find another attorney who agrees, in writing, to file the case before the specified date.
Be sure that the lawyer has agreed to file suit in your behalf. Do you have a written retainer agreement providing that the attorney will do so? If not, find another attorney who agrees, in writing, to file the case before the specified date.
Q: What recourse do I have for a judgement entered against me on a case the Judge states I didn't owe money?
1 Answer
| Asked
in
Contracts, Landlord - Tenant and Legal Malpractice
for
California
on
Answered on Sep 7, 2018
Answered on Sep 7, 2018
William John Light's answer
You can hire an attorney to file an appeal if there is still sufficient time.
You can negotiate with the Judgment Creditor about settlement in exchange for a Full Satisfaction of Judgment.
You can file for bankruptcy.
Consult with a contracts attorney and/or a bankruptcy attorney.
You can hire an attorney to file an appeal if there is still sufficient time.
You can negotiate with the Judgment Creditor about settlement in exchange for a Full Satisfaction of Judgment.
You can file for bankruptcy.
Consult with a contracts attorney and/or a bankruptcy attorney.
Q: Me and my husband been married for 17 years and he married another woman while we still legally married
1 Answer
| Asked
in
Divorce, Family Law and Legal Malpractice
for
Tennessee
on
Answered on Sep 6, 2018
Answered on Sep 6, 2018
Leonard Robert Grefseng's answer
You do not ask a specific question- but it sounds like you need to file for divorce. The divorce Judge will make a division of the property ( if you are paying for it, you are likely to get it) and set up a parenting plan for your children and set child support. Consult an experienced divorce lawyer in your area.
You do not ask a specific question- but it sounds like you need to file for divorce. The divorce Judge will make a division of the property ( if you are paying for it, you are likely to get it) and set up a parenting plan for your children and set child support. Consult an experienced divorce lawyer in your area.
Q: Is my first step always to talk to the state bar if I suspect my attorney is violating attorney-client privilege?
Michael Bersani's answer
Not necessarily. You can talk to another lawyer. Or you can contact your county bar association grievance committee in New York. But of course you can also call the New York State Bar association.
Not necessarily. You can talk to another lawyer. Or you can contact your county bar association grievance committee in New York. But of course you can also call the New York State Bar association.
Q: lawyer failed to address plaintiff under the influence of alcohol and opiates and comparable negligence. Malpractice?
William John Light's answer
This is the jury instruction for legal malpractice against a criminal defense attorney:
"[Name of plaintiff] alleges that [name of defendant] was negligent in defending [him/her] in a criminal case, and as a result, [he/she] was wrongly convicted. To establish this claim, [name of plaintiff] must first prove that [he/she] was actually innocent of the charges for which [he/she] was convicted."
https://www.justia.com/trials-litigation/docs/caci/600/606/
So, unless you...
This is the jury instruction for legal malpractice against a criminal defense attorney:
"[Name of plaintiff] alleges that [name of defendant] was negligent in defending [him/her] in a criminal case, and as a result, [he/she] was wrongly convicted. To establish this claim, [name of plaintiff] must first prove that [he/she] was actually innocent of the charges for which [he/she] was convicted."
https://www.justia.com/trials-litigation/docs/caci/600/606/
So, unless you...
Q: Roommate filed a felonious UD using an atty who filed at wrong court location. I'm disabled and don't drive.
1 Answer
| Asked
in
Real Estate Law, Landlord - Tenant and Legal Malpractice
for
California
on
Answered on Aug 29, 2018
Answered on Aug 29, 2018
N. Munro Merrick's answer
It sounds as if you can think, read, surf the internet - so why not do it yourself? The court has forms on line which you can fill out. The UD forms are quite simple. However, you will not find a space to make comments such as the ones you have included above, so don't try to add them.
It sounds as if you can think, read, surf the internet - so why not do it yourself? The court has forms on line which you can fill out. The UD forms are quite simple. However, you will not find a space to make comments such as the ones you have included above, so don't try to add them.
Q: Legally, can a person be arrested on a bench warrant; on a charge with no legal standing?
1 Answer
| Asked
in
Criminal Law, Legal Malpractice and Personal Injury
for
Georgia
on
Answered on Aug 29, 2018
Answered on Aug 29, 2018
David Edward Boyle's answer
If the warrant was validly issued you can be arrested. Whether you are guilty of the charge is a separate inquiry. For argument's sake the sale of marijuana presumes that the person possessed the marijuana at some point to make the sale.
If the warrant was validly issued you can be arrested. Whether you are guilty of the charge is a separate inquiry. For argument's sake the sale of marijuana presumes that the person possessed the marijuana at some point to make the sale.
Q: My girlfriend is in trouble with Crawford and Sebastian County. Need pro Bono help?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice
for
Arkansas
on
Answered on Aug 27, 2018
Answered on Aug 27, 2018
James E Hensley Jr's answer
I'll tell you that the Public Defenders who I deal with are excellent at their jobs. No, they do not have a lot of time for hand-holding. They certainly not available for family or boyfriends. Lawyers are not able to do pro bono work for criminal cases because there is the Public Defender's Office. Your girlfriend should tell her lawyers everything that will help her. And she should take their advice. If she has proof of a head injury, she should bring that evidence to her lawyers....
I'll tell you that the Public Defenders who I deal with are excellent at their jobs. No, they do not have a lot of time for hand-holding. They certainly not available for family or boyfriends. Lawyers are not able to do pro bono work for criminal cases because there is the Public Defender's Office. Your girlfriend should tell her lawyers everything that will help her. And she should take their advice. If she has proof of a head injury, she should bring that evidence to her lawyers....
Q: My attorney wants to write an article about my case. Do I have to allow that?
James G. Ahlberg's answer
Generally speaking, not, you don't have to. The Illinois Supreme Court has established Rules of Professional Conduct to govern the actions of lawyers. Rule of Professional Conduct 1.8(d) provides as follows: "(d) Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation."
The commentary on Rule 1.8(d)...
Generally speaking, not, you don't have to. The Illinois Supreme Court has established Rules of Professional Conduct to govern the actions of lawyers. Rule of Professional Conduct 1.8(d) provides as follows: "(d) Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation."
The commentary on Rule 1.8(d)...
Q: If an inmate requests to see his court appointed attorney does the attorney have to see the inmate within a certain time
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Legal Malpractice
for
California
on
Answered on Aug 22, 2018
Answered on Aug 22, 2018
Dale S. Gribow's answer
need more info
often the best thing that a lawyer can do is "age" a case.
i assume it is a felony and not a misdemeanor?
he will get credit for the time he served in any sentence.
he can ask for the supervising public defender and complain about his lawyer's lack of attention.
need more info
often the best thing that a lawyer can do is "age" a case.
i assume it is a felony and not a misdemeanor?
he will get credit for the time he served in any sentence.
he can ask for the supervising public defender and complain about his lawyer's lack of attention.
Q: Can I be sued for not paying an attorney who did a very poor quality job on my case?
Joel Gary Selik's answer
Yes. It may be malpractice or it may breach of contract.
Joel@SelikLaw.com
Please take note, there are strict time deadlines where you must file your lawsuit in Court or take other action or you will be forevermore barred from compensation. I have not advised you as to the date within which you must file a lawsuit or take other action. Please also note that even if we discuss your case further, I will not be your attorney until we both sign a fee agreement.
Joel...
Yes. It may be malpractice or it may breach of contract.
Joel@SelikLaw.com
Please take note, there are strict time deadlines where you must file your lawsuit in Court or take other action or you will be forevermore barred from compensation. I have not advised you as to the date within which you must file a lawsuit or take other action. Please also note that even if we discuss your case further, I will not be your attorney until we both sign a fee agreement.
Joel...
Q: What recourse do you have if your attorney misses a filing deadline?
Michael Bersani's answer
You need to consider suing your lawyer. You should carefully watch your filing deadline for that case! It is three years from the date of the missed filing, unless your lawyer continued to represent you on the same matter after that happened, in which case the filing deadline is three years from the last date he represented you on that same matter.
You need to consider suing your lawyer. You should carefully watch your filing deadline for that case! It is three years from the date of the missed filing, unless your lawyer continued to represent you on the same matter after that happened, in which case the filing deadline is three years from the last date he represented you on that same matter.
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