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Legal Malpractice Questions & Answers
3 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: Fbi goes to grand jury, grand jury decides to indite, same day FBI bring case to a Judge and gets a warrant and arrests

1-current gand jury is unconstitutional. FBI goes to grand jury to get a sure conviction. Fbi on same day brings case to Judge and gets warrant. Arrest you and lie and say your arraignment is your due process. I think this is a clear violation of due process along with the violation one goes... Read more »

William John Light
William John Light answered on Nov 17, 2020

Some misconceptions:

1. Grand juries are not unconstitutional.

2. The FBI does not go to the grand jury, that is the prosecutor's job.

3. Arraignment is one of the pieces of your "due process", which continues through your trial, conviction and appeal....
Read more »

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1 Answer | Asked in Consumer Law, Family Law, Legal Malpractice and Small Claims for Mississippi on
Q: How can I legally access my deceased fathers lawsuit settlement?

My father passed a few months prior to a settlement being reached in a class lawsuit. I reached out on his behalf and was told to submit necessary documents(death certificate, affidavit, etc). I did so by certified mail to insure proper delivery. Yet they've still refused to relinquish his... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

A Mississippi attorney could advise best, but you await a response for four weeks. I'm sorry for the loss of your father. It looks like you already made diligent efforts. Ask the case administrators at the firm what further information is necessary. This might be something where more than... Read more »

2 Answers | Asked in Legal Malpractice and Probate for Arizona on
Q: Can an attorney legally conceal the fact that his client has died?

Please tell me there could be consequences for an attorney and beneficiaries who knowingly conspired to conceal the fact from the executor and estate attorneys that one of a will’s beneficiaries has predeceased the decedent. The deception preceded the beginning of probate, continued for several... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Nov 12, 2020

I do not believe that I totally understand what occurred. It sounds like their are some facts that have been left out of your question. Generally speaking a beneficiary does have to survive the decedent for a required period of time, and I am confused how an attorney would get a client during... Read more »

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1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Legal Malpractice for North Carolina on
Q: Should this Judge have recused himself?

At the time of the hearing, I was not aware that the judge's cousin is family with the plaintiff's wife. The plaintiff is the father our child and his wife is the stepmother. The judge gave primary custody to the father. Essentially, I filed 3 DSS investigations after my daughter... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 11, 2020

Based on the limited information you provided, I would say - likely not. If you represented yourself, that alone more than anything else is likely the reason the case turned out the way that it did. If you had an attorney, you should be asking your question of your attorney. If you did represent... Read more »

1 Answer | Asked in Consumer Law, Identity Theft and Legal Malpractice for California on
Q: WHAT LEGAL FORM WOULD I NEED TO FILE TO A CLASS ACTION SETTLEMENT AS COUNSEL, PROPER, SELFREPRESENTATION

CASE 5:2018 CV 06164-EJD AT 280 S. FIRST ST. SAN JSOE CALIFORNIA, BEING A VICTOM AS DEFINED "ALL PERSONS WITHEN THE UNITED STATES WHO HAD A CONSUMER GOOGLE+ ACCOUNT FOR ANY PERIOD OF TIME BETWEEN JANUARY 1, 2015 AND APRIL 2, 2019. WELL IM STILL HAVING TECHNICAL IOSSUES OF SECURITY BREACHES AND... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 6, 2020

Your case is being processed by a US District Court. There are no forms, but there are a lot of rules that you must follow. Federal Courts are very strict on the rules. Best if you retain an attorney to assist you, District Court Judges are not very patient with Pro Per plaintiffs.... Read more »

1 Answer | Asked in Personal Injury, Legal Malpractice and Libel & Slander for Washington on
Q: It took nearly 20 years to figure it out is it to late to start a tort lawsuit?

Washington State

Tim Akpinar
Tim Akpinar answered on Nov 5, 2020

Only a Washington attorney could advise about statutes of limitations, but your question remains open for two weeks. That's a long time in any jurisdiction. Statutes of limitations are governed by state law and can vary by the cause of action - and you posted across several categories. As a... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: California - Attorney billing. Can a attorney bill a client to file paperwork to change a court date

Been a very difficult experience. We hired an attorney to represent my girlfriend in an alimony case. This is the worst experience I've ever encountered in terms of representation. While reviewing the billing, I noticed the Attorney billed my girlfriend to complete a form to request a change... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 5, 2020

It is not unlawful, but it may be improper. First, you have to look at your retainer agreement. Next, you should discuss your concerns with the attorney- maybe he used a computerized billing program that automatically billed for all tasks recorded, and he is willing to remove the charge. (I would... Read more »

1 Answer | Asked in Immigration Law and Legal Malpractice for New Jersey on
Q: Which state’s statute of limitations should be considered?

Since my immigration attorneys’ office is in state A, I live in state B, and they filed paperwork with the Texas USCIS office, I would like to know which state’s statute of limitations should be considered in case I sued them for legal malpractice.

Many thanks for your help and support

Kevin L Dixler
Kevin L Dixler answered on Nov 5, 2020

It may depend upon any written agreement that you had with your attorney. You 'may' have agreed to file a lawsuit exclusively in his State. It may potentially depend upon the law in your state or the state where the attorney is considered to be doing business, which may also include... Read more »

1 Answer | Asked in Child Custody, Civil Litigation, Family Law and Legal Malpractice for Georgia on
Q: Are GA deputy sheriffs authorized to administer legal advice to the public?

And if so... to what extent?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 1, 2020

Only licensed attorneys are authorized to give legal advice to the public.

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: Property owner shut off the water on may 29 2020 and it's still off

I paid the attorney to file an answer to a unlawful detainer and when we went to court he didn't say one word and the papers I had served says we defaulted

Maurice Mandel II
Maurice Mandel II answered on Oct 29, 2020

Sorry to hear about your situation. Unfortunately, I must tell you what you really don't want to hear- you need to go to a new attorney to review the situation with the UD and with the work of your prior attorney to see if legal malpractice was committed by him. Look for attorneys here on... Read more »

2 Answers | Asked in Legal Malpractice for California on
Q: What steps to file a suit again my prenuptial lawyer for malpractice; the legal document is not holding up.

The counsel is saying the prenuptial has "holes in it." Ex wants 110K because the prenup won't stand in court due to her errors/fraudulent work. He wants alimony. The clearly addressed all this with the prenup lawyer.

Kenneth Sisco
Kenneth Sisco answered on Oct 29, 2020

You are premature in looking at a legal malpractice lawsuit. As with almost all civil litigation, you must prove damages in order to prevail. At this point, from the facts stated, you have no damages. All you have is a demand from your former spouse's attorney that your prenup will not... Read more »

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1 Answer | Asked in Legal Malpractice for Georgia on
Q: Conflict of Interest?

Lawyer represents a defendant in a Aggravated assault case against the victim who he represents in a family law matter. Defendant and Victim are in a relationship. Isn’t this an issue?

Homer P Jordan IV
Homer P Jordan IV answered on Oct 28, 2020

The way you have described it there could be a conflict of interest, but we would need to know more about the facts in detail.

3 Answers | Asked in Legal Malpractice for California on
Q: Can I ask my primary attorney in a Ca premises liability lawsuit to keep something confidential from the partners?
Theodore Allan Greene
Theodore Allan Greene answered on Oct 28, 2020

You need to ask your primary attorney that question. He/she should have all the relevant information to answer that question. It's difficult to even guess at an answer based on what you have provided.

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1 Answer | Asked in Legal Malpractice for California on
Q: My brother got arrested in Portland OR for lighting particle board on fire. We are looking for legal advice.
William John Light
William John Light answered on Oct 26, 2020

1. You are in the Calfornia forum for legal malpractice. Ask in the Oregon forum for criminal defense.

2. Tell him to stop setting things on fire. It does literally nothing to make whatever point he championing.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Is there a procedure for a court to follow to see if a registering lawyer is competent to represent a defendant ?
Charles M.  Baron
Charles M. Baron answered on Oct 22, 2020

Don't know what you mean by "a registering lawyer", but in any event, Courts do not screen appearing lawyers for competence. If you are referring to an Assistant Public Defender, the Public Defender carefully screens applicants for lawyer positions in his/her office and thereafter... Read more »

4 Answers | Asked in Legal Malpractice for California on
Q: Can I fire my personal injury attorney if I feel like he's not answering my questions promptly and communicating to me?

Hello, I live in California, I hired a personal lawyer back at the end of June 2020. I told him I didn't want the case to drag on forever and I'd be fine with the settlement originally offered, I was afraid of not getting proper medical care. The money is great but not the most important... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Oct 20, 2020

Your lawyer might have a claim to some of the fees. It's really hard to fully understand the situation with what you have said but there is a good chance he/she has earned some percentage of the 33 and possibly the whole amount. Sometimes it's the other side that slows things up.

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1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Does a lawyer have to pay a client back if the charges are dropped by the state

If the charges are dropped before the court process even start

Clifford B Cohn
Clifford B Cohn answered on Oct 19, 2020

It really depends on what your fee agrement says. Please read carefully. Many criminal defense lawyers have 'non refundable' fees set forth in their fee agreement.

1 Answer | Asked in Legal Malpractice for New York on
Q: What can I do if I am afraid of the attorneys representing me? If they are verbally abusive and threatening and coercing
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 19, 2020

Sorry to hear that you do not have a good relationship with your attorney. Fortunately you have the right to discharge your attorney at any time, for any reason. You can find a new lawyer using the Find a Lawyer tab on the JUSTIA homepage. Here's an article I found online through the NYC... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: If I am a Personal Injury Lawyer and my client wins the case for 100k$ and I get 33% of the money will my money be taxed

As well if I worked for a law firm does my boss take some money from the 33% I earned or is it varied on different law firms

Maurice Mandel II
Maurice Mandel II answered on Oct 18, 2020

The money that an attorney receives for working on a case is taxable income. The amount that the firm receives depends on your contract with the firm. These are really pretty basic business questions and if you are working for a firm. who is representing the client? The firm or you, individually.... Read more »

3 Answers | Asked in Legal Malpractice and Tax Law for California on
Q: If I am a Personal Injury Lawyer and win a case do I pay taxes on the money I got from the case

I am in California

Haleh Shekarchian
Haleh Shekarchian answered on Oct 17, 2020

Taxes would have to be paid on attorney’s fees the attorney is charging since that is an earring.

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