Legal Malpractice Questions & Answers by State

Legal Malpractice Questions & Answers

Q: What can be done about Veterinary Malpractice?

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death on
Answered on Jun 22, 2017

Looks like you would have had to spend that anyway. So the difference is the 465? Not worth going to small claims for that as in a back and forth with the doctor on one side the doctor may well win.
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Q: what motions should I file first? Trial starts in a few weeks

1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for California on
Answered on Jun 21, 2017

It sounds like there might be prosecutorial misconduct. What stage of litigation is your case at? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: DA and Public Defender were having an affair during my case. How can I reopen for further review, and overturn verdict?

2 Answers | Asked in Criminal Law, Personal Injury and Legal Malpractice for California on
Answered on Jun 20, 2017

Hire a criminal defense attorney who specializes in appeals. File an appeal based upon ineffective assistance of counsel. File a complaint with the State Bar. http://www.calbar.ca.gov/Public/Complaints-Claims/How-to-File-a-Complaint
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Q: Q: Both my aunt and only cousin passed away, cousin in 2005, aunt in 2006. I am the only living relative and in wills.

1 Answer | Asked in Estate Planning, Family Law and Legal Malpractice for Iowa on
Answered on Jun 19, 2017

If there were a TRUST at the time of passing, the successor Trustee should have managed this -- it would NOT have gone through or been the responsibility of the Estate representatives.

This highlights the importance of people keeping their records in order to insure their heirs will know what to be looking for and what to expect! If the accounts were 'drained' by administrative expenses, the Trustee MAY be responsible for that oversight, but you would have to show they SHOULD HAVE...
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Q: Is there a liability cap on the amount a plaintiff may recover from an LLC for negligence?

1 Answer | Asked in Business Law and Legal Malpractice for California on
Answered on Jun 12, 2017

Typically not, but of course there may be limits on how much the defendants are able to pay based on their liability, assets, and insurance coverage limits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: Is there a liability cap on the amount a plaintiff may sue an LLP limiting the plaintiff's recovery to a certain amount?

2 Answers | Asked in Business Law and Legal Malpractice for California on
Answered on Jun 12, 2017
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Q: Want to know if Past attorneys can be sued for malpractice and negligence for not doing their duty?

1 Answer | Asked in Legal Malpractice for California on
Answered on Jun 5, 2017

Yes, you could potentially sue for that. It is possible to subpoena records in a foreign country but it is a lengthy and expensive process. If you were willing and able to pay, and directed your attorney to do so, but he failed, it might be malpractice. Some problems are that, you likely knew that the records weren't subpoenaed when you closed the divorce. Also, your family law attorney probably doesn't have professional liability insurance. It is fairly rare for a small practitioner to...
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Q: Is it legal for my mother to deport me, a 16 year old, against my will?

1 Answer | Asked in Child Support, Family Law, Immigration Law and Legal Malpractice on
Answered on Jun 5, 2017

I highly doubt that in any instance your mother would follow through with such a threat.

Regardless of whether you are experiencing some type of abuse at home, or if your own behavior has caused your mother to make such a threat, I recommend you speak with a school counselor or find another community resource for teens immediately to get some much needed help. Good luck.
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Q: My lawyer did not claim damages ($97,000) that I had asked him to claim. I had a vacation rental that I was unable to

1 Answer | Asked in Legal Malpractice, Construction Law and Contracts for North Carolina on
Answered on Jun 3, 2017

Your lawyer is in the best position to determine what claims should be raised in a pleading. You should talk with your lawyer and ask if he mistakenly omitted a claim, or determined, in his professional opinion, that a claim should be omitted.

To answer your question: ask your lawyer if this was, in fact, a mistake, and if anything can be done to fix it if it is a mistake.
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Q: Where can I find bar discipline records?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Jun 2, 2017

Pretty much only in reported cases from the Appellate Division.
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Q: My guard card was suspended for a misdemeanor petty theft charge as a minor. How do I get my guard card back?

1 Answer | Asked in Consumer Law, Employment Law and Legal Malpractice for California on
Answered on Jun 1, 2017

Contact the licensing board to see whether the misdemeanor will still affect your license.
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Q: legal liability of a clinical nurse instructor who deems a nurse competent but the nurse causes bodily harm to a patient

1 Answer | Asked in Legal Malpractice, Personal Injury and Medical Malpractice for Pennsylvania on
Answered on May 29, 2017

No case law I'm aware of specific to that particular situation. Much would depend on the procedure to be preformed, the degree of risk, the nature of any supervision. Feel free to call if you have further questions. Yes I'm in Memorial Day.
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Q: What are my rights for my father who past away on 4142017,I have a advance care detective including power of attorney

1 Answer | Asked in Health Care Law, Legal Malpractice, Libel & Slander and Medical Malpractice for California on
Answered on May 11, 2017

You can report forgery to the police. You can initiate probate proceedings to deal with his assets/ debts via court proceedings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: My mom is in a memory care unit at a nursing home. She fell out of bed on May 4 and I was informed by phone. On May 10

1 Answer | Asked in Elder Law, Legal Malpractice, Medical Malpractice and Nursing Home Abuse for Michigan on
Answered on May 11, 2017

Depends, was the memory care facility negligent. You clearly need to consult a lawyer to determine if you have a case. Clearly it was wrong not to inform you of the fall. The question is where they negligent which caused or contributed to the fall and/or was did the delay cause more damage to your mother.
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Q: How long do i have to file A GRIEVIENCE

1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for Texas on
Answered on May 5, 2017

Try this-

https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656
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Q: if an attorney has a law practice in pa and he advertises his license in ny when none exists who handles the problem

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for New York on
Answered on May 5, 2017

Call the District Attorney in the county where you live in NY, and the DA in Pennsylvania. There are really two crimes -- one is the lawyer engaging in the unauthorized practice of law in NY, but his defense, that the Paralegal used his name, is a crime in PA.
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Q: Can a lawyer go to another law firm without telling they client

1 Answer | Asked in Products Liability, Medical Malpractice and Legal Malpractice for Georgia on
Answered on May 3, 2017

They should notify you, but if the old firm is competent, then I would go with it--it's sometimes tough finding a new lawyer in the middle of a case.
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Q: Ohio holding for New York, 10 year warrant 3 year Statute of Limitations in New York they're not coming what do I do?

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for New York on
Answered on Apr 29, 2017

It sounds like he has a bench warrant. The statute of limitations was satisfied when the officer filed charges with the court. Speedy trial timelines are tolled for the time the defendant absents himself from the court proceedings. Bench warrants don't go away until the defendant appears on the warrant or the court is served with a death certificate.

New York may or may not pick him on the warrant. If they don't, he will continue to risk being detained every time he has police contact...
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Q: Can this case be dismissed because I was arrested for marijuana poss in someone else's vehicle without a search warrant?

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Probate for Georgia on
Answered on Apr 28, 2017

The officer can pull you over for the headlight violation. The smell of marijuana is generally enough to permit a vehicle search. You should hire a lawyer.
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Q: If I want to go to trial in an injury case does my lawyer have to pursue a trial?

2 Answers | Asked in Legal Malpractice for California on
Answered on Apr 28, 2017

If you don't consent to settlement, then there is no settlement and the case proceeds to trial. If you reject your attorney's settlement advice, he or she may stop funding the costs of your case and request that you provide funds necessary to cover the costs through trial. That can be tens or even hundreds of thousands of dollars. If you don't pay, you will have no experts to testify on your behalf and you will lose, and it will be your fault.
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