Legal Malpractice Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Legal Malpractice Questions & Answers
Q: How to find a pro bono, full contingency lawyer?
1 Answer
| Asked
in
Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice
for
California
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
Dale S. Gribow's answer
Much more info needed.
Why don't you write out a summary of the facts that you can present to attorneys to see if any are interested?
If they have the value you suggest you won't have a difficult time.
But establishing value is not easy.
google lawyer for the area of law you are searching for an attorney.
Much more info needed.
Why don't you write out a summary of the facts that you can present to attorneys to see if any are interested?
If they have the value you suggest you won't have a difficult time.
But establishing value is not easy.
google lawyer for the area of law you are searching for an attorney.
Q: Can we get my son out he was charged with sexual but no evidence was given
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice
for
Louisiana
on
Answered on Nov 11, 2018
Answered on Nov 11, 2018
Ellen Cronin Badeaux's answer
Your son needs a criminal attorney who has a lot more details of the case.
Your son needs a criminal attorney who has a lot more details of the case.
Q: If we have to sue for legal malpractice is there lawyers that work on contingency for cases like this?
William John Light's answer
Call another firm. You don't have a malpractice case yet because the statute of limitations has not yet expired.
Call another firm. You don't have a malpractice case yet because the statute of limitations has not yet expired.
Q: CAN I SUE A DRUG PROGRAM FACILITY FOR AN EMPLOYEE WHO WAS NEGLIGENT IN COLLECTING MY URINE FOR TESTING.
2 Answers
| Asked
in
Personal Injury, Civil Rights and Legal Malpractice
for
California
on
Answered on Nov 5, 2018
Answered on Nov 5, 2018
Dale S. Gribow's answer
More info needed
anyone can sue anyone at any time for anything.
the things I predict that will be an issue, is can you find a lawyer to do this on a contingency rather than you having to pay a lawyer on an hourly.......... I think this will be a problem for you.
and what are your damages?
if damages are minimal and can be proven you can go into small claims where you can sue for up to $10,000.
More info needed
anyone can sue anyone at any time for anything.
the things I predict that will be an issue, is can you find a lawyer to do this on a contingency rather than you having to pay a lawyer on an hourly.......... I think this will be a problem for you.
and what are your damages?
if damages are minimal and can be proven you can go into small claims where you can sue for up to $10,000.
Q: My attorney made a mistake with my case filing but I think it was just a minor oversight that won't affect the outcome
Edward X. Clinton, Jr's answer
Nope. To be malpractice the error must be significant enough to affect the outcome. Usually, you have to prove that you lost the case as a result of the error. If the error is tiny and can be corrected, there was no malpractice.
Nope. To be malpractice the error must be significant enough to affect the outcome. Usually, you have to prove that you lost the case as a result of the error. If the error is tiny and can be corrected, there was no malpractice.
Q: Someone posts untrue reviews about me on Yelp. Can this affect my malpractice insurance rates or standing with the bar?
Edward X. Clinton, Jr's answer
No. A negative yelp review won't have anything to do with insurance or your standing with the Bar.
I'm sorry to say that there is little you can do about a Yelp review. Suing Yelp won't work and it should not work because of the first amendment.
I have earned several nasty reviews. I accept them as a badge of honor.
No. A negative yelp review won't have anything to do with insurance or your standing with the Bar.
I'm sorry to say that there is little you can do about a Yelp review. Suing Yelp won't work and it should not work because of the first amendment.
I have earned several nasty reviews. I accept them as a badge of honor.
Q: I fell behind on credit card payments. Creditors informed a family member about my debt. Is this legal?
Leonard R. Boyer's answer
No, it is not legal and is a violation of the Fair Debt Collection Practices Act. Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not merely filling out forms. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.
No, it is not legal and is a violation of the Fair Debt Collection Practices Act. Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not merely filling out forms. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.
Q: I am a freelancer, I create websites, I site I did recently is now being used for scam, I’m I free legally?
William John Light's answer
Maybe. Maybe not. It depends what you knew or should have known when you created the website. Facts matter and we don't have them.
Maybe. Maybe not. It depends what you knew or should have known when you created the website. Facts matter and we don't have them.
Q: Does legal malpractice have a statute of limitations?
James G. Ahlberg's answer
Yes. As a general rule it is two years from the time the person bringing the lawsuit knew, or reasonably should have known, of the malpractice. (It can be quite a bit more complex than the simple statement in the first sentence. Some cases involve a statute of repose which can bar the right to bring a case if the client doesn't discover the malpractice until six years from the last act of legal representation the attorney performs on the matter.) Your best bet is to meet with an attorney and...
Yes. As a general rule it is two years from the time the person bringing the lawsuit knew, or reasonably should have known, of the malpractice. (It can be quite a bit more complex than the simple statement in the first sentence. Some cases involve a statute of repose which can bar the right to bring a case if the client doesn't discover the malpractice until six years from the last act of legal representation the attorney performs on the matter.) Your best bet is to meet with an attorney and...
Q: Mother in law co/signed on duplex resides on one side. Changed legal documents, created tax fraud.
1 Answer
| Asked
in
Civil Litigation, Contracts and Legal Malpractice
for
Texas
on
Answered on Oct 17, 2018
Answered on Oct 17, 2018
Tammy Lyn Wincott's answer
The name a tax office has for the owner of property is not controlling as to who "actually" owns the property. An owner of real property is determined in the Deed records where the property is located.
The name a tax office has for the owner of property is not controlling as to who "actually" owns the property. An owner of real property is determined in the Deed records where the property is located.
Q: why does the hospital think they don't treat or practice medicine when I complaind about the care she had?
Timur Akpinar's answer
Your wife could show the letter to a medical malpractice attorney and ask them about her legal rights/remedies in light of the diagnosis for a sinus infection when the condition was in fact gallstones. Whether or not an attorney determined that there was a viable cause of action, she could at least learn what deadlines and statutes of limitations she would need to take action before to preserve her legal rights.
Tim Akpinar
Your wife could show the letter to a medical malpractice attorney and ask them about her legal rights/remedies in light of the diagnosis for a sinus infection when the condition was in fact gallstones. Whether or not an attorney determined that there was a viable cause of action, she could at least learn what deadlines and statutes of limitations she would need to take action before to preserve her legal rights.
Tim Akpinar
Q: I need a legal malpractice attorney but everyone I contact is retisen to help. Are there lawyers who are willing.
Jubilo Lopes Afonso's answer
Im sure there are lawyers that are willing to help you but that depends on if you have a viable claim. And unfortunately you did not provide us with much information to go on. Please advise on what the underlying claim is regarding and why you believe the attorney committed malpractice.
Im sure there are lawyers that are willing to help you but that depends on if you have a viable claim. And unfortunately you did not provide us with much information to go on. Please advise on what the underlying claim is regarding and why you believe the attorney committed malpractice.
Q: How are fees determined and payed in a legal malpractice lawsuit
William John Light's answer
You can request fee arbitration by contacting the State Bar. http://www.calbar.ca.gov/Public/Complaints-Claims/Fee-Disputes
You can file a complaint with the State Bar, although this wouldn't necessarily affect fees. http://www.calbar.ca.gov/Public/Complaints-Claims
You can consult with an attorney who practices legal malpractice about pursuing a claim, although it is unclear what your damages are.
You can request fee arbitration by contacting the State Bar. http://www.calbar.ca.gov/Public/Complaints-Claims/Fee-Disputes
You can file a complaint with the State Bar, although this wouldn't necessarily affect fees. http://www.calbar.ca.gov/Public/Complaints-Claims
You can consult with an attorney who practices legal malpractice about pursuing a claim, although it is unclear what your damages are.
Q: If an attorney makes an appearance as additional counsel for a plaintiff, is it required that both are on the filings?
2 Answers
| Asked
in
Contracts, Civil Litigation, Communications Law and Legal Malpractice
for
Pennsylvania
on
Answered on Oct 8, 2018
Answered on Oct 8, 2018
Elizabeth Tarasi's answer
That is not usually how it goes. The judge will want all attorneys to enter their appearances.
That is not usually how it goes. The judge will want all attorneys to enter their appearances.
Q: CAN I GET A LEGAL MALPRACTICE ATTORNEY CONCERNING NEGLIGENCE FROM A COURT ORDERED APPEALS ATTORNEY?
1 Answer
| Asked
in
Appeals / Appellate Law and Legal Malpractice
for
Ohio
on
Answered on Oct 8, 2018
Answered on Oct 8, 2018
Matthew Williams' answer
Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the trial court and affirmed. If it's (1), then you need to go get a final appealable order and appeal again. If it's (2), you're probably out of luck. Determining whether you're attorney is at fault would necessitate...
Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the trial court and affirmed. If it's (1), then you need to go get a final appealable order and appeal again. If it's (2), you're probably out of luck. Determining whether you're attorney is at fault would necessitate...
Q: Opposing party's lawyer calling, emailing, texting nonstop... what qualifies as harassment? What can I do?
1 Answer
| Asked
in
Civil Litigation, Communications Law and Legal Malpractice
for
California
on
Answered on Oct 4, 2018
Answered on Oct 4, 2018
William John Light's answer
It appears that you are in Texas, but are asking questions of California lawyers. We are not qualified to answer questions about Texas law. If you are in California, and are representing yourself, it is quite normal for the opposing attorney to contact you, especially if you have documents pertaining to the proceedings. If you don't want repeated phone calls, give them the documents, or insist that they serve discovery for production of the documents, if appropriate.
It appears that you are in Texas, but are asking questions of California lawyers. We are not qualified to answer questions about Texas law. If you are in California, and are representing yourself, it is quite normal for the opposing attorney to contact you, especially if you have documents pertaining to the proceedings. If you don't want repeated phone calls, give them the documents, or insist that they serve discovery for production of the documents, if appropriate.
Q: Is it legal for CPS to remove my children from my custody as a direct result of the neighbor who agreed to care 4 them?
1 Answer
| Asked
in
Child Custody, Family Law and Legal Malpractice
for
California
on
Answered on Sep 27, 2018
Answered on Sep 27, 2018
William John Light's answer
Yes, it's legal. Your children were unsupervised. All of the excuses in the world don't change the fact that your children were in danger due to lack of adult supervision. You should put your efforts into following the directives of CPS for getting your children back, rather than trying to fight that they were taken from you.
Yes, it's legal. Your children were unsupervised. All of the excuses in the world don't change the fact that your children were in danger due to lack of adult supervision. You should put your efforts into following the directives of CPS for getting your children back, rather than trying to fight that they were taken from you.
Q: who to trust. Case #B282528 abused, medical malpractice, civil,and constitutional rights violated
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Legal Malpractice and Medical Malpractice
for
California
on
Answered on Sep 26, 2018
Answered on Sep 26, 2018
Louis George Fazzi's answer
Look for civil rights lawyers in Los Angeles County. There are many, and most of them do work on contingency, which means they get paid when the case settles or after trial.
I noticed that you had appellate counsel appointed for you. You were fortunate to have such a good attorney. Perhaps she might refer you to someone capable who could help you. It's worth a shot.
Look for civil rights lawyers in Los Angeles County. There are many, and most of them do work on contingency, which means they get paid when the case settles or after trial.
I noticed that you had appellate counsel appointed for you. You were fortunate to have such a good attorney. Perhaps she might refer you to someone capable who could help you. It's worth a shot.
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...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
