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Your current state is Ohio
I am considering firing my lawyer because I believe he is not representing my son effectively. He has only visited my son twice, and that was during court appearances. There are many discrepancies in the case he refuses to address with the prosecutors. Although I requested an itemized statement of... View More 
answered on Mar 21, 2025
Most likely, from what you say in your question, the lawyer is your son’s lawyer and you and your ex-husband agreed to pay $7500 each for the lawyer to represent your son.
It is important to understand that, in this situation, only your son can fire his lawyer. Your son’s lawyer may be... View More
I've been charged with possession of over 400 grams of drugs found in a truck that wasn't mine. The owner of the truck promised to take responsibility for the drugs, which belong to him, but he hasn't come forward, and now all three of us are charged. I've spent $10k on bond and... View More
answered on Mar 18, 2025
You should contact your lawyer's office to schedule a time to review the discovery and to discuss your case in greater depth with your lawyer. You should send your lawyer's office complete contact information for your witness including the witness's physical residence address, work... View More
I've been negotiating a wrongful death settlement in Illinois. Initially, the opposing party offered $40,000, below our range of $250,000 to $850,000. After years of negotiation, my attorney urgently emailed me to settle for $250,000, stating it was a limited-time offer. I felt pressured and... View More
answered on Mar 17, 2025
If you haven't signed any documents, your case is NOT settled. NO Insurance company is going to order a check until they have your executed release. If you did not file a lawsuit, the statute of limitations is NOT tolled.
Before an attorney conveys an offer on the case, the... View More
I've been negotiating a wrongful death settlement in Illinois. Initially, the opposing party offered $40,000, below our range of $250,000 to $850,000. After years of negotiation, my attorney urgently emailed me to settle for $250,000, stating it was a limited-time offer. I felt pressured and... View More
answered on Mar 17, 2025
If you haven’t signed any documents, you can definitely seek a second opinion to evaluate the facts and the propriety of the proposed settlement. You should contact the owner or Managing Partner of the law firm that represented you to find out the status of your case, why your lawyer left, and... View More
I signed a contingency fee contract with my lawyer at 33%, but I found out it may increase up to 80%, plus I'm responsible for all bills. They didn't inform me about these terms. I received a $1,000 loan with interest on my $2 million case, but the check was not valid. After attempting to... View More
answered on Mar 14, 2025
The fees are determined by the fee agreement. But the fees must not be unconscionable; what you describe may be unconscionable.
If you hire a new attorney, the former attorney will likely be entitled to a fee but it will be limited.
Consult with and hire another attorney before... View More
I have a personal injury case, and my attorney has had all the necessary information to complete a demand letter since December 10, 2024. Despite following up several times, including a follow-up 4 weeks ago, the demand letter has not yet been drafted. My attorney mentioned he is busy, and I have... View More
answered on Mar 12, 2025
It depends on the case. Demands letters can be complex, with full argument and evidentiary support for all material facts that support liability, full sets of medical records and billing, and support with comparable cases which have settled or gone to verdict. Without knowing what your attorney... View More
In accordance with Florida law, can a revocable trust be executed or delivered if the assets, such as bank investments and real estate, were not transferred into the trust account before the grantor's death? My aunt passed away in September 2024, and her lawyer did not explain that the assets... View More
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answered on Mar 10, 2025
In Florida, a revocable trust must have assets properly funded into it during the grantor’s lifetime to fully function as intended. If assets like bank accounts and real estate were not transferred before your aunt’s passing, those assets may need to go through probate to be moved into the... View More
What are my options if my former attorney, Trey Lavespere, and his assistant, Brandye Toombs, failed to provide adequate representation in a Suit Affecting the Parent-Child Relationship (SAPCR) involving my child, Kentrell? The Motion for Withdrawal of Counsel included misleading statements, filed... View More
answered on Mar 10, 2025
When an attorney withdraws, "ineffective communication" is often used as the reason instead of the "real reason" particularly when the "real reason" may be prejudicial to the client. Generally, attorneys should avoid prejudicing their client when they withdraw from a... View More
I wish to appeal the court's decision to dismiss me for lack of standing under the Texas Family Code, as granted in Ursula Gonzales' Motion to Dismiss. The court's decision was based on the evidence and testimony presented during the hearing, documented in the "Associate... View More
answered on Mar 10, 2025
A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More
I would like assistance pursuing a legal malpractice claim against my former attorney, Trey Lavespere, and his assistant, Brandye Toombs. They handled a Suit Affecting the Parent-Child Relationship (SAPCR) regarding my grandson, Kentrell Rogelio Martinez, which resulted in my dismissal due to lack... View More
answered on Mar 10, 2025
You need to locate an attorney who practices in the area of legal malpractice in or near the county where the lawsuit was pending. Ideally, such an attorney should also have experience in family law given the nature of the underlying litigation.
You need to gather together a complete... View More
I had an attorney who provided services for me in San Francisco federal court under Pro Hac Vice. His law firm, based in NYC, requested and received a $150,000 trial retainer, but the trial never took place. Now, they're suing me for approximately $100,000 more in the New York City Supreme... View More
answered on Mar 10, 2025
You may want to consider reviewing the retainer and other possible documents with an attorney experienced in such matters - most attorneys will want to see your paperwork before advising meaningfully. More fundamental than your dispute about the number of hours (or a debate about the reasonableness... View More
I'm recently divorced, and my ex-husband dragged the divorce out for 2 years. He claims his lawyer refused to draft the Marital Settlement Agreement (MSA) according to his instructions to let me have all the marital assets. Allegedly, the lawyer insisted that my ex should receive something... View More
answered on Mar 7, 2025
It’s difficult to say whether a lawyer prolonged the case without knowing the specifics. Attorney-client communication is protected by privilege, so without direct insight, we’d only be speculating about what was said or why certain decisions were made.
If your spouse is being... View More
answered on Mar 6, 2025
A Louisiana attorney could advise best, but your question remains open for a month. Until you are able to consult with a Louisiana attorney, the short answer most anywhere nationwide is that it would depend on any agreements/advertisements here, dental office's posted policies, whether... View More
I am concerned about the actions of the lawyer appointed by an Ohio court to administer my deceased son’s estate, as my son left no will. He passed away in November 2022, and since early 2023, I informed the lawyer about my son's 401k accounts at Fidelity. Despite this, he has continually... View More
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answered on Mar 5, 2025
You file a motion to remove the personal representative for cause listing your grounds. But be prepared to have someone else ready to take his place, such as yourself represented by a good NC attorney. Be aware alot of those accounts are not Estate assets, but the fiduciary should have... View More
I'm concerned about a situation in Jamestown, TN, where a plaintiff's lawyer may have edited a defendant's email and attached it as supporting evidence in a contempt of court order. This has not yet been brought to the judge's attention. The defendants were charged with contempt... View More
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answered on Mar 1, 2025
It would be unethical, and probably a felony, to tamper with evidence. However the defendants should be able to produce the original email prior to tampering. Their lawyer needs to get in gear on this and let the Judge decide what he wants to do about it.
I worked for a clinician who was initially my therapist for two months before becoming my employer. During my employment, she used my personal background information, obtained during therapy, to manipulate me. I have documentation to prove her unethical behavior. Eventually, she fired me. Is there... View More
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answered on Mar 1, 2025
Most lawyers (thanks to the TV lawyers - sadly) will only take cases on a contingency fee basis. Therefore they only want cases with big damages. No lawyer will take a case unless the potential damages are big. And by BIG I mean hundreds if not millions of dollars. They don't care about... View More
I retained a lawyer on 2/12/2021 with a retainage package that included federal appeals. However, my case was remanded to the state, and my lawyer claimed they do not handle federal appeals, leading to a loss in the federal case. There was a lack of updates regarding state and malpractice cases... View More
answered on Feb 27, 2025
Your inquiry is about a complex situation that is not possible to be definitively answered in an online forum. It sounds like your case was in Federal Court, which remanded it to State Court for the case to proceed there. Such remands could be either for technical reasons that don't interfere... View More
I have a workers' compensation case that has been ongoing for over 10 years. Neither side seems to be pushing it to completion, and I don't understand why the arbitrator hasn't pursued trial or settlement. I've reached MMI several years ago, continue to see doctors due to... View More
answered on Feb 26, 2025
You talk about "ongoing injuries" and the need for "more surgeries." Are these ongoing injuries also work injuries, even if they are unrelated to the open worker's compensation claim? Many employers prefer to settle all open claims at once. Nothing in law or medicine... View More
I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?
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answered on Feb 25, 2025
Dear concerned injured worker,
It is difficult to overturn a settlement agreement but you may still have time to withdraw from your settlement. First and foremost is to immediately notify your attorney and secondarily seek advice from the Information and Assistance office at your local... View More
I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?
answered on Feb 24, 2025
You have only 20 days after a judge issues an order to appeal. You may appeal later based on fraud, but you have to hand back all the settlement payment . Then you have to show the judge that someone gave you falsehoods to obtain your signatures. If you knew there was a chance a report would rate... View More
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