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Legal Malpractice Questions & Answers
2 Answers | Asked in Estate Planning, Legal Malpractice and Probate for Maryland on
Q: Trust Fund Mis-use

My uncle is a fiduciary to my sons trust fund. The fund was created when my mother passed. We have never seen an accounting of the money. How do we find out what's going on with the fund? He is not returning phone calls or emails or snail mail in regards to this matter.

Paul E. Draper
Paul E. Draper answered on Nov 8, 2019

Your uncle as trustee of a trust for the benefit of your son is required to provide your son or, if he is a minor, his parents with an accounting of the trust assets. Unfortunately, since your uncle is refusing to communicate with you, your son or you will be required to institute litigation... Read more »

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1 Answer | Asked in Legal Malpractice and Criminal Law for California on
Q: In California, is it legal to take coins out of public fountains?

It's technically picking up dropped change, isn't it? (i.e. taking coins from the fountains in malls, shopping squares, or parks)

Tim Akpinar
Tim Akpinar answered on Nov 2, 2019

No, you don't want to do that. A court would not treat it as picking up dropped change off the ground. Whether in California or any other state, that money is not free for the taking. Your post remains open for five weeks, but a criminal defense attorney could advise you more meaningfully on the... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: The hoa foreclosed and sold my house for non payment of dues and evicted me. Now they are renting it out. Legal?

I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding

Elaine Shay
Elaine Shay answered on Oct 29, 2019

It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully... Read more »

1 Answer | Asked in Legal Malpractice for Florida on
Q: If an attorney fails to file notice of intent in a timely manner what code or ethic does this violate?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2019

Notice of intent to do what?

1 Answer | Asked in Legal Malpractice for Georgia on
Q: What to do if personal injury lawyer will not return my calls? I have left several messages.

It’s been three months since my personal Injury lawyer filed my insurance claim and I haven’t heard anything yet. I have left several voice messages. Every time I speak to his secretary she gives me his voice mail, but no one never return

my call. Is this normal? What should I do?... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Ask the secretary to schedule a time for you to speak with him or a visit.

1 Answer | Asked in Legal Malpractice for Georgia on
Q: My personal injury lawyer will not return my calls. I have left several voice messages. What should I do?

It’s been three months since my personal injury lawyer submitted my claim. I haven’t heard anything. No one will return my calls. I feel like I am being ignored. What should I do?

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

I suggest you set up a time for an in person visit with the attorney or the paralegal. Initially there may be a wait while they wait for records which can take some time, but they should be able to tell you what's going on.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Can a husband and wife share a lawyer in a dcf case? Or do they each need their own lawyer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless the husband and wife are on the same side of the issues and arguments with DCF it is improper for any lawyer to try to represent both spouses. There would be an obvious conflict of interest in doing so.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: Ineffective assistance of councel How to sue PD office. How to file motion to dismiss. Sue the planiff for perjury

Filing false police report.

I've been denied my civils by the PD at least 30 times. How to fix this? They are just extorting me and flipping me the bird. I've paid over a $1200. Court fees. Had been harassed by the sheriff's. Had 11 cases going on in 2018. Took me to jail 2 or 3 x. I never... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 17, 2019

more info needed.

I would write out in detail the issues you have and ask the judge if they would appoint a court-appointed lawyer for you........not in the PD's ofc.............your PD might even help you with that as I assume they want to conclude their representation.

few lawyers...
Read more »

1 Answer | Asked in Legal Malpractice and Small Claims on
Q: Someone wants to take a legal action against me

so we have a rental property and we made an agreement over text with someone that they can have the house everything over text and we decided to back out and now she was saying she is going to take legal action

Tim Akpinar
Tim Akpinar answered on Oct 17, 2019

This doesn't sound like a legal malpractice matter. Maybe if you added Real Estate or Landlord-Tenant as categories, there might be a better chance of having the question noticed by someone with insight into the issues here. Don't include personal information, but add a jurisdiction, as applicable... Read more »

2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for California on
Q: All jurors awaiting in the front of courtroom. District Attorneys witnesses were there as well. Witnesses kept making

Loud negative insulting statements about the case, the DA was there during these outbursts then she went inside court while these comments intimidated anyone in their presents others (witnesse's friend) came to speak to these witnesses about the case also.

Dale S. Gribow
Dale S. Gribow answered on Oct 16, 2019

more info needed

discuss this with your lawyer who has all the facts.........it may be grounds for a Mistrial?

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1 Answer | Asked in Contracts, Legal Malpractice and Real Estate Law on
Q: If buyer & seller signed contract but now say that they had another signed contract, is this legal to break contract ?

We as buyer signed contract with seller, per our realtor they said another contract was signed as well, but denied us proof if they signed prior to our contract. We were to close with the closing agent, which upon calling them they said they closed prior to us nor communicating that it was going to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

The general rule in real estate sales is "first in time, first in line." Assuming everything was done properly, the seller's Realtor (or attorney) should have decided which of the two competing contracts was received first, then the seller can do whatever they want with all the contracts received... Read more »

3 Answers | Asked in Legal Malpractice, Criminal Law and Constitutional Law for Arizona on
Q: Is there a perceived or actual conflict of interest resulting from a former prosecutor turned legal defender?

Recently a case was assigned to a public defender (former prosecutor) to defend a man whos father had been prosecuted successfully by the same attorney many years prior. The son's case is not of the same charges as his father's prior case, however, the attorney remains in the same jurisdiction,... Read more »

Gary Kollin
Gary Kollin answered on Oct 11, 2019

This is a wonderful academic question.

If your son feels the attorney is in conflict, then he should voice it to the judge.

If no action is taken, then he can send a request to the judge.

If an attorney here said there is nothing wrong, would you just drop the subject?

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3 Answers | Asked in Legal Malpractice for California on
Q: Is my lawyer double dipping ?

Case was settled , per our agreement lawyer took 40% however prior to having the accident , i had a supplemental insurance that i paid into for years in case bills werent covered due to an accident. Lawyer is now demanding 40% from my supplemental and 40% from the settlement. The check was put in... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 11, 2019

more info needed.

sometimes a lawyer gets more than the client.

did retainer say 40% of any money recovered?

i don't do that but some lawyers are piggish.

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1 Answer | Asked in Legal Malpractice, Probate, Securities Law and Stockbroker Fraud for Florida on
Q: Can a Florida spouse/POA/ PR be sued to recover inheritances after estate admin closed?

If illegal/egregious actions by stepmother/POA/PR were recently learned of by daughter beneficiaries, and estate admin was closed August, 2018, do we have options to sue or recover estate assets (money)? (Date of death 5/2017) One of several issues involves fathers long-time advisor. Investment... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 10, 2019

At this point you should probably see an attorney who specializes in securities fraud to ascertain whether you have an action against the investment firm for changing type of account without proper authority.

Other issue is whether there was fraud on the court as far as the probate...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for New Mexico on
Q: What is the maximum time a state can carry a detainer on an individual that has been incarcerated in another state?

Detainer is 13 yrs old and IAD violated 4 times.

Gary Kollin
Gary Kollin answered on Oct 9, 2019

Asking the same question more than once?

1 Answer | Asked in Legal Malpractice for Michigan on
Q: What are my rights?

I have a friend that was a witness to a fire that caused several deaths in his previous apartment building. The attorney for the building has been reaching out to him through calls, text and email to depose. My friend just started a new job & the attorney contacted his new employer this morning. Is... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 6, 2019

First question is why is he avoiding deposition? It sounds like he is vital to the case and not the plaintiff or defendant. I would imagine the attorney would be very open to being as accommodating as necessary to secure the testimony, and is not out to make your friend's life difficult.... Read more »

3 Answers | Asked in Legal Malpractice for California on
Q: I helped a friend with his auto accident claim.

I am a retired claims adjuster. My friend lost his wife in an auto accident. I went with him to an attorney and while the attorney was deciding whether to take the case my friend asked me to help and write a settlement demand, which I did and he signed, which was accepted. The claim settled over a... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Oct 5, 2019

it very well could be but the facts will determine. this time hire an attorney to discuss this with you.

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1 Answer | Asked in Legal Malpractice for New York on
Q: How do I I know if I have a legal malpractice suite against my attorney. He admitted he “ dropped the ball”

He is on a 1 year ACD with the judiciary courts now. And has been found guilty of negligence of 5 other cases by doing exactly as he did to me

Michael Bersani
Michael Bersani answered on Oct 2, 2019

If he "dropped the ball" it COULD mean he malpracticed the case. To commit legal malpractice in New York you need to show that (1) the lawyer did or failed to do something which constitutes a "mistake", which is defined as an action or failure to act that falls below the standard of care for... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: My situation is completely similiar almost exactly the same. I have to serve them papers but who do i serve legally
William John Light
William John Light answered on Sep 30, 2019

Similar or exactly the same to what?

2 Answers | Asked in Civil Rights and Legal Malpractice for California on
Q: What is the best path when a city enters you home using force, then lies to court.
Gary Kollin
Gary Kollin answered on Sep 27, 2019

Fight it first in criminal case

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