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Legal Malpractice Questions & Answers
2 Answers | Asked in Criminal Law, Family Law and Legal Malpractice for Georgia on
Q: Can a Superior Court Judge dismiss a Petition because of what he sees as a technical issue, and not rule on the merits ?

I submitted a Petition pro se for my incapacitated son, I am legal guardian/POA/mother. The judge dismissed the Petition because I "am not a lawyer" although I submitted case law/GA Statute to show I was allowed to do so in exceptional cases such as ours. He did not read the Petition,... Read more »

V. Joy Edwards
V. Joy Edwards answered on Jun 27, 2020

Hmmm . . . It depends. I would need more details to be able to respond. Feel free to contact us to schedule a consultation.

The Edwards Law Group

770-723-7211

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1 Answer | Asked in Estate Planning, Civil Rights, Elder Law and Legal Malpractice for California on
Q: Is it legal for a public defender to blatantly make the case for the other side?

We contested the personal and financial conservatorship of my mother. During the hearing, our court appointed public defender who spoke to my mother once, without me, totally made the case for the other side. Her speech definitely convinced the judge to grant conservatorship. She did not represent... Read more »

James Edward Berge
James Edward Berge answered on Jun 25, 2020

Your experience is not unusual. It’s not the job of the public defender to contest the conservatorship in all instances, especially if it’s clear to the PD that the need for a conservatorship exists based on personal observation, a review of a doctor’s capacity declaration, interviews with... Read more »

1 Answer | Asked in Legal Malpractice for Illinois on
Q: How do I know if I have a case for legal malpractice?

My son had a firm looking into a medical malpractice case for him. They had the case since August of 2018. Their nurses sent us a letter stating he has a case and just needed a specialist on board. Long story short, they drug their feet, very little contact with my son and just 2 days ago told him... Read more »

John S. Fotopoulos
John S. Fotopoulos answered on Jun 14, 2020

You need to talk to an attorney with a larger medical malpractice firm. There are several issues that can effect when the statute of limitations runs. I may be able to assist you with a referral.

1 Answer | Asked in Legal Malpractice for Michigan on
Q: I suffered burns and disfigurement (scarring) from my knees down on both my legs after a cosmetic laser session

This was a final treatment after 12 years of medical care on other issues to remove unsightly veins on both legs. How do I go about finding a medical negligence attorney to take my case. I have major anxiety over showing my legs now and swelling when on my feet for periods of time. I had 12 years... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 10, 2020

The bad news is that medical malpractice claims are tough, filled with procedural hurdles, and expensive. The good news is that there is no shortage of med-mal attorneys willing to take on good cases. Most good med-mal attorneys have a pretty comprehensive case screening process, that often... Read more »

2 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Isnt it illegal for an attorney to wave their clients appearance at a courtdate without actually confering with thedefen

With the defendant?

Grant St Julian III
Grant St Julian III answered on Jun 1, 2020

Short answer: no, what you describe is not illegal nor is it unethical.

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1 Answer | Asked in Family Law and Legal Malpractice for New Jersey on
Q: My attorney created a fictitious document to replace one on file and then submitted without client knowledge or consent.

My attorney created a new fictitious QDRO and submitted it to the opposing party and State for approval without the consent or knowledge of the client. I had already provided them with an approved copy - post-judgement. It is further complicated because my ex liquefied her pension post-judgement... Read more »

Richard Diamond
Richard Diamond answered on May 26, 2020

Short answer is that you need to sit down with a family law specialist to review the various documents involved to figure out what action needs to take place to sort out this mess and then, based on the advice given, you can figure out if your ex improperly liquidated the marital portion of her... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: Can you get in legal trouble for signing someone up for a church with their email and phone number?

The context is that they are angry.

Tim Akpinar
Tim Akpinar answered on May 26, 2020

It all depends on circumstances, context, and how the other person reacts to it - whether it was done in a way that the person would have appreciated and wanted, or whether the person would have been upset by the use of their personal information. It's difficult to answer because it's... Read more »

1 Answer | Asked in Legal Malpractice, Health Care Law and Medical Malpractice for Florida on
Q: Florida pain doc. His ARNP is forcing me that I either get a pain pump or a spine stimulator implant. Is this legal?

The docs ARNP is forcing me to get the pain pump or the spinal stimulator implanted or cut me as a patient. I don't want anything inserted surgically when the pill that they give me is working. Can they legally force me to have one or the other surgically done? I feel like this is a crime?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

Just say no. If they refuse to treat you anymore, so be it; get another health care provider.

1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Oregon on
Q: My father pass Away in 2007 and I've been trying to find a will or any information ever since my brother will not give m

My father passed away from asbestosis he had a will and they will not give me info on estate. My brother and step mom. We also had a wrongful death suit which they tried to keep me out of also but were told they could not to move forward . My father passed in 2007 I just recently received a very... Read more »

Theressa Hollis
Theressa Hollis answered on May 18, 2020

Unfortunately, no attorney will be able to answer your specific questions online. You should locate an experienced probate attorney in the jurisdiction where your father's estate was probated. The law firm you reference are in California so that may be where you need to hire an attorney.... Read more »

1 Answer | Asked in Estate Planning and Legal Malpractice for Utah on
Q: what can i do about being billed for a court appearance that my lawyer did not attend?

we hired an attorney to write three amendments to a living trust. my mother was on her death bed and the attorney was out of town so he instructed us to see his paralegal and give her the instructions and he would meet with us at 8:30 am the following tuesday for her to sign the papers and then he... Read more »

Wesley Winsor
Wesley Winsor answered on May 15, 2020

I am not sure I understand the question. This is a strange happening indeed. I am sorry for your loss. Trust amendments are not typically filed in court. In addition, in the creation/modification of a trust there usually isn't court appearance either unless it was an irrevocable trust and... Read more »

1 Answer | Asked in Legal Malpractice and Employment Law for Texas on
Q: Can a counseling private practice sue you if some of the clients you see insist on following you to receive counseling s

services at another location?

Carrie Dyer
Carrie Dyer answered on May 13, 2020

Your question does not provide enough detail to fully analyze this situation. The answer depends on whether you have an enforceable non-compete or non-solicitation agreement with your former employer. You should consult an employment attorney in your area for advice.

1 Answer | Asked in Personal Injury, Products Liability and Legal Malpractice for Indiana on
Q: This company failed to put warnings on packaging. Can I and should I sue the company. How do I sue the company?

I decided to get a face mask while i was at the store. I put the mask on and it started burning and stinging. Apparently I'm allergic to it since my whole face is blotchy, red, and swollen for over 2 hours now. The product has no allergic reaction warnings. The product also does not inform... Read more »

James Avery
James Avery answered on May 10, 2020

It’s not inherently unsafe if you had an idiosyncratic reaction; however, report it to the CA BBB and Consumer Product Safety Commission. If you end up having serious disfiguring scars it might be worth talking for their to a lawyer.

1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Hello how do I get a second opinion on my legal cases? Or make sure my attorney is doing right by me ?

I have a medical malpractice case where the doctor already admitted he screwed up and I also have a civil rights, prosecutorial misconduct and stuff case. I am "known" locally and have not been treated well because my ex from 20 years ago has talked so horribly about me that every... Read more »

Timothy Denison
Timothy Denison answered on May 8, 2020

Find an attorney you trust and take a copy of your case to him for his opinion.

2 Answers | Asked in Legal Malpractice, DUI / DWI, Immigration Law and Cannabis & Marijuana Law for California on
Q: Info on Noe Mejia Calderon his ethics and moral standards
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 6, 2020

You can check the California Bar website (https://www.calbar.ca.gov/), any person who has been licensed to practice in CA is listed as is their status to practice law and any disciplinary action taken against them.

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2 Answers | Asked in Family Law, Business Law and Legal Malpractice for New Jersey on
Q: . How can I create a legal binding promissory note?

My friend sold her business to me but it’s still in her name. I can’t change my name because of other reason but Tax responsibility 100% is mine, but I want to have a legal binding document that can create a bond of trust between us. I want to write a kind of promissory note show that if IRS... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2020

The issues presented are as follows:

1. protecting your friend from the IRS in the event of a triggering event for liability,

2. give your friend confidence that she is properly protected from liability AND

3. guarantee that its your business and that if its successful,...
Read more »

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2 Answers | Asked in Family Law, Immigration Law and Legal Malpractice for Florida on
Q: Legal immigrant married to a US citizen husband wanting to get her pregnant against her will refusing to provide pills.

Also, wife is a green card holder. She's currently unemployed and can not afford it. Does husband of one (1) year, have right to refuse his obligation to get her pregnant against her will? Can she file a complaint and get her husband to provide contraception?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on May 5, 2020

Your question is confusing. I would encourage her to reach out to the many local organizations that can assist with free or low cost birth control if this is something that she is seeking. There is nowhere to file a "complaint" against a husband who is not being a "good"... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Arizona on
Q: Can a justice court judge deny the return of discovery items (DVD) from a defendant to view in his chambers?

During the hearing, I asked to show the DVD which would prove my innocence. The judge asked for my DVD after the DA said there was nothing worth watching on the DVD. The judge stated he would review the DVD in chambers and return it to me. I have since filed appropriate papers requesting the return... Read more »

Stewart Salwin
Stewart Salwin answered on May 3, 2020

A lawyer would have to look into the specific facts of this situation to see what is going on. In general, if you give evidence to the court it may have become part of the record, which could explain why the court still has the DVD.

1 Answer | Asked in Legal Malpractice for Michigan on
Q: Is it legal for a non profit/probation/rehab center staff threaten punishment if u don’t have your umployment sentthere

I have a loved one in a non profit rehab/probation center and the staff is threatening extensions as far as punishment if they don’t have their card for unemployment sent there directly is that legal during these times a lot of these people‘s families rely on Their paycheck and have families... Read more »

Brent T. Geers
Brent T. Geers answered on May 1, 2020

Quite likely, yes. When someone is in one of those facilities, it is in lieu of sitting in jail. And for the privilege, you agree to a number of conditions - most notably an agreement to an assignment of wages and income for the duration of your stay. That would include unemployment. One can argue... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant, Legal Malpractice and Probate for Alabama on
Q: Does a handwri statement have to be certified in order to make it legal.

Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

The probate court would need to determine that the handwritten statement satisfies the requirements for a holographic will. You will probably need a probate attorney to help you.

1 Answer | Asked in Legal Malpractice, Criminal Law, DUI / DWI and Civil Rights for Georgia on
Q: Is it legal to drink alcohol and shoot targets on my own private property in ga.

Not that I’m going to or want to I just started thinking wow I’ve had a long week at work I think imma have a few beer when I get off but then I thought oh yeah I need to adjust my scope and that’s how I come up with the question . But I was just wondering say I had a few beers and been... Read more »

Lance Mixon
Lance Mixon answered on Apr 25, 2020

Your private property may be in a city that makes discharging a firearm in the city limits illegal. Plus, in some or residential neighborhoods, covenants prevent such activities due to disruption of the neighbors due to loud noises.

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