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: Is not filing a default judgement against defendant by my attorney malpractice. Well over the 90 mark past the deadline
Anthony Marvin Avery's answer
NO, as Default Judgments are frequently set aside for little or no reason. Your attorney may be pursuing another method of receiving money prior to going through the motions of what would probably be set aside later.
NO, as Default Judgments are frequently set aside for little or no reason. Your attorney may be pursuing another method of receiving money prior to going through the motions of what would probably be set aside later.
Q: Who do I call to sue schindler for no emergency response while trapped in elevator
Clifford B Cohn's answer
This is not really a legal malpractice question, but a personal injury question. Most personal injury attorneys offer free consultations so Google personal injury lawyers or search Justia or AVVO in Philadelphia.
This is not really a legal malpractice question, but a personal injury question. Most personal injury attorneys offer free consultations so Google personal injury lawyers or search Justia or AVVO in Philadelphia.
Q: My question is I fell and broke my toe.. went to the Er had X-rays done and nurse practitioners said no broken toe
1 Answer
| Asked
in
Legal Malpractice and Medical Malpractice
for
California
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
William John Light's answer
Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.
Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.
Q: Is there any lawyer in the Alexandria La area that is willing to help my wife end the bullying from her exhusband?
1 Answer
| Asked
in
Family Law, Personal Injury, Child Custody and Legal Malpractice
for
Louisiana
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Ellen Cronin Badeaux's answer
Justia is not a lawyer referral service. Google Ouachita Parish custody lawyer
Justia is not a lawyer referral service. Google Ouachita Parish custody lawyer
Q: How long after receipt of a forensic custody/psych eval must a hearing be held? Esp if primary parent deemed detrimental
1 Answer
| Asked
in
Family Law, Child Custody, Civil Rights and Legal Malpractice
for
Pennsylvania
on
Answered on Jan 15, 2019
Answered on Jan 15, 2019
Kathryn Hilbush's answer
It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.
It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.
Q: Ok so like if my judgement papers from 2003 the day of my sentencing say from the judge I don't have to register under a
Victoria Collins' answer
If a person is convicted of a sexually-oriented crime then that person is required under Chapter 62 to register as a sex offender. However, without more information here I can’t make determination as to the length of time you were required to remain registered. Further, their are options available under that same chapter that allows motion for early release or exemption.
If a person is convicted of a sexually-oriented crime then that person is required under Chapter 62 to register as a sex offender. However, without more information here I can’t make determination as to the length of time you were required to remain registered. Further, their are options available under that same chapter that allows motion for early release or exemption.
Q: Can my son get a review if his attorney made him take a plea that was vacated right after for 35 c inafective assistance
Mr. H. Michael Steinberg's answer
I am unclear on what you mean by review. Please clarify your wants and expectations. Not enough facts.
I am unclear on what you mean by review. Please clarify your wants and expectations. Not enough facts.
Q: A lawyer doctored a document and presented it as the original to win his case. What can be done.
Cedulie Renee Laumann's answer
Most rulings can be appealed if there was an error in the trial court's handling of the evidence. However, keep in mind that appeal rights are very time sensitive.
Separately, the Attorney Grievance Commission in this state investigates charges of lawyer misconduct.
While not legal advice, I hope the general information above helps.
Most rulings can be appealed if there was an error in the trial court's handling of the evidence. However, keep in mind that appeal rights are very time sensitive.
Separately, the Attorney Grievance Commission in this state investigates charges of lawyer misconduct.
While not legal advice, I hope the general information above helps.
Q: 2012,13, 15 were consaldated. Does statute of limitations matter when your not covicted until 2017? What's fair?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice
for
California
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Steven McNicholl's answer
Your claim against the police officers would be a civil claim under injury to person. You must pursue your claim within two years in the State of California. After two years, it will be difficult or impossible to make your claim.
Your claim against the police officers would be a civil claim under injury to person. You must pursue your claim within two years in the State of California. After two years, it will be difficult or impossible to make your claim.
Q: My wife recently had an abortion but it was not completely done correct left over tissues were left is the malpractice?
1 Answer
| Asked
in
Legal Malpractice and Medical Malpractice
for
New Jersey
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Peter Munsing's answer
Depends on what happened, the fallout. Short answer: not necessarily. Suggest you contact a member of the NJ Assn for Justice who handles medical cases--they give free consults.
Depends on what happened, the fallout. Short answer: not necessarily. Suggest you contact a member of the NJ Assn for Justice who handles medical cases--they give free consults.
Q: Hello, I believe I have a warrant in Fulton County. But no one will give me info as I'm out of state.
1 Answer
| Asked
in
Criminal Law, Traffic Tickets and Legal Malpractice
for
Georgia
on
Answered on Jan 6, 2019
Answered on Jan 6, 2019
David Edward Boyle's answer
I would encourage you to hire a lawyer who practices law in the jurisdiction that issued the ticket. If you have a fail to appear warrant you can order a copy of your driving history online with georgia dept of driver services.
I would encourage you to hire a lawyer who practices law in the jurisdiction that issued the ticket. If you have a fail to appear warrant you can order a copy of your driving history online with georgia dept of driver services.
Q: Is there a conflict of interest when a lawyer supports beneficiaries' efforts to dissolve his clients' irrevocable trust
1 Answer
| Asked
in
Estate Planning, Elder Law and Legal Malpractice
for
California
on
Answered on Dec 31, 2018
Answered on Dec 31, 2018
Joel Gary Selik's answer
Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.
Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.
Q: Is it legal to transport a survival multitool/camping axe in your vehicle in California?
1 Answer
| Asked
in
Consumer Law, Legal Malpractice and Federal Crimes
for
California
on
Answered on Dec 30, 2018
Answered on Dec 30, 2018
William John Light's answer
Under CA law, it is unlawful to conceal a knife, or stabbing weapon, upon your person. Whether a stabbing weapon within reach in your car is "upon your person" might be a question for a jury to decide. An axe would not generally be considered a stabbing weapon. Also, folding knives, like typically found in a multitool, are exempt. There may be local ordinances that impose different requirements....
Under CA law, it is unlawful to conceal a knife, or stabbing weapon, upon your person. Whether a stabbing weapon within reach in your car is "upon your person" might be a question for a jury to decide. An axe would not generally be considered a stabbing weapon. Also, folding knives, like typically found in a multitool, are exempt. There may be local ordinances that impose different requirements....
Q: I'm a home healthcare provider in 2013 my client died. Before her death i helped her find her 2 nieces. And she revised
Terry Lynn Garrett's answer
Take the more recent Will to a local probate lawyer and ask him to contact the nieces. It is more difficult to straighten things out at this late date but may not be impossible.
Take the more recent Will to a local probate lawyer and ask him to contact the nieces. It is more difficult to straighten things out at this late date but may not be impossible.
Q: Is tailgating legal in the state of Maryland?
1 Answer
| Asked
in
Gov & Administrative Law and Legal Malpractice
for
Maryland
on
Answered on Dec 27, 2018
Answered on Dec 27, 2018
Mark Oakley's answer
Following too closely behind another vehicle is a violation of the vehicle code and may be cited by an officer if it appears the conduct is unsafe under the traffic conditions and circumstances.
Following too closely behind another vehicle is a violation of the vehicle code and may be cited by an officer if it appears the conduct is unsafe under the traffic conditions and circumstances.
Q: My divorce lawyer died and I missed some deadlines while waiting to be transferred to a new attorney at the firm. Is
James G. Ahlberg's answer
There's not enough information here to give a solid answer to your question. I suggest making an appointment with a lawyer to discuss the matter. To express it as simply as possible, there are at least three elements needed to pursue such a claim: (1)a duty owed to the client, (2)a breach of that duty, and (3)the existence of damages resulting from the breach of the duty. If you have a problem with your claim (and I don't know whether you do) it is likely to arise under the second or third of...
There's not enough information here to give a solid answer to your question. I suggest making an appointment with a lawyer to discuss the matter. To express it as simply as possible, there are at least three elements needed to pursue such a claim: (1)a duty owed to the client, (2)a breach of that duty, and (3)the existence of damages resulting from the breach of the duty. If you have a problem with your claim (and I don't know whether you do) it is likely to arise under the second or third of...
Q: If an angry client lies and posts a libelous review of my law firm online, am I at risk to lose my law license due to
William John Light's answer
If you were a lawyer, you would know the answer already. An attorney's law license is always at risk. However, it seems unlikely that a libelous review would be the genesis of discipline or revocation. A formal complaint to the Bar would have to be made. An investigation would have to follow. Facts would have to be found that merited discipline or revocation. If the complaint is based on "lies", would probably not result in the finding of those facts. However, an analysis of the actual...
If you were a lawyer, you would know the answer already. An attorney's law license is always at risk. However, it seems unlikely that a libelous review would be the genesis of discipline or revocation. A formal complaint to the Bar would have to be made. An investigation would have to follow. Facts would have to be found that merited discipline or revocation. If the complaint is based on "lies", would probably not result in the finding of those facts. However, an analysis of the actual...
Q: I'm in the process of going to the Supreme Court over damages arising of legal malpractice the amount of my lawsuit I ne
1 Answer
| Asked
in
Personal Injury, Appeals / Appellate Law, Civil Rights and Legal Malpractice
for
Michigan
on
Answered on Dec 26, 2018
Answered on Dec 26, 2018
Brent T. Geers' answer
You may be conflating the grievance process with a legal malpractice claim; they are two distinct things with completely different possible outcomes. If you are asking the Supreme Court for superintending control, that implies that you've filed a grievance with the Attorney Grievance Commission, which handles attorney disciple for ethical violations. I assume that you did not agree with that body's response.
A legal malpractice claim is different. It is filed in a circuit court - not...
You may be conflating the grievance process with a legal malpractice claim; they are two distinct things with completely different possible outcomes. If you are asking the Supreme Court for superintending control, that implies that you've filed a grievance with the Attorney Grievance Commission, which handles attorney disciple for ethical violations. I assume that you did not agree with that body's response.
A legal malpractice claim is different. It is filed in a circuit court - not...
Q: I received poor legal advice in regards to an estate and it's now in surrogate court, do I have legal recourse?
Michael David Siegel's answer
Your question is confusing, but if you are administrator do what you want as the law requires. If there is a will, you can still probate it. The will appears to be the only way you get the house without paying off the family that appears to recognize your claim for paying all of these years.
Your question is confusing, but if you are administrator do what you want as the law requires. If there is a will, you can still probate it. The will appears to be the only way you get the house without paying off the family that appears to recognize your claim for paying all of these years.
Q: What are the specific elements that must be proven? Can the principal be convicted by aiding and abetting?
1 Answer
| Asked
in
Criminal Law, Constitutional Law and Legal Malpractice
for
Rhode Island
on
Answered on Dec 24, 2018
Answered on Dec 24, 2018
Thomas Briody's answer
Depends on the facts. In some circumstances, am aiding and abetting charge would be appropriate. You need to consult with an experienced criminal lawyer.
Depends on the facts. In some circumstances, am aiding and abetting charge would be appropriate. You need to consult with an experienced criminal lawyer.
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.
