Legal Malpractice Questions & Answers by State

Legal Malpractice Questions & Answers

Q: My court appointed attorney is married to a CPS caseworker. Isn't that a conflict of interest?

1 Answer | Asked in Family Law and Legal Malpractice for Oregon on
Answered on Mar 19, 2017

it shouldn't be. I would only be concerned if the spouse CPS worker was involved in the same case. Every attorney is ethically required to zealously represent their client. It doesn't matter who they are married to. If you feel that this is causing a problem, then you might want to ask the judge to appoint a different attorney. But it really should be a problem.
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Q: Is watching murder online legal? Just curious. It was a question stuck in my head. Thanks.

1 Answer | Asked in Legal Malpractice for California on
Answered on Mar 17, 2017

Watching it may not be illegal, generally. Participating in the act is; and posting it might very well be, depending on circumstances. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Any suggestions in a scenario where "medical professional" presented predetermined false testimony as expert witness?

1 Answer | Asked in Legal Malpractice, Libel & Slander, Medical Malpractice and Personal Injury for Florida on
Answered on Mar 11, 2017

If you are examined for court purposes, disclosure in the court is the premise of the exam. The expert's opinions are subject to cross examination and rebuttal by your experts. Discuss this with your attorney.
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Q: My lawyer forgot a filing deadline. Do I have a case against her?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Mar 11, 2017

It depends on the repercussions. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
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Q: How to set aside dismissal w/prej issued before hearing on a probate pet'n for tee fraud (no due process)?

1 Answer | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Answered on Mar 7, 2017

Where you would file your motion to relieve yourself from a judgement or whether an appeal is required would depend on what court entered the order or judgement. That is a Hawaii court (as a general rule) cannot relieve someone from a state court judgement. A Federal court cannot (again, generally) relieve someone from a state court judgement, absent violation of a Federal statute or the U.S. Constitution.

For example, you cite Federal Rule of Civil Procedure 60, which would apply only...
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Q: I was told that ethics complaints with Bar association rarely work, what can I do so my concerns are really heard?

1 Answer | Asked in Legal Malpractice for Washington on
Answered on Mar 4, 2017

In my experience, the reason why ethics complaints often do not result in a negative result is that the person filing it does not fully understand the jurisdiction of the bar association or the rules that apply to the alleged facts of the situation.

With that said, former hearing officers or lawyers who were on the Board can be a good resource as can running the facts by an attorney who can give you a neutral opinion.
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Q: My lawyer says I have to pick up the copy of my file at his office. I said I'd pay to ship to my home. He's refusing to

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

He has to make it available to you. By saying you can pick it up at his office, that suffices. He can charge you for his fees and expenses to copy and send it to you. 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. I practice law in CA, NY, MA, and DC in the...
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Q: Malpractice in Ohio .

2 Answers | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for Ohio on
Answered on Feb 28, 2017

You are probably not too late. Statutes of limitations are measured in years. It is, however, important to speak with an attorney as soon as possible to get the ball rolling on your claim.
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Q: How does lawyer suppose to return my retainer?

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Maryland on
Answered on Feb 25, 2017

Unused retainer amounts are usually returned in the form of a check and can be hand delivered or mailed. The check should be accompanied by a detailed breakdown of how funds were applied to your case and an explanation for the amount being returned to you.
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Q: I live in Buffalo NY I need to know where would I go to get from? A lawyer took my money and no work was done.

1 Answer | Asked in Criminal Law, Contracts and Legal Malpractice for New York on
Answered on Feb 24, 2017

Have a lawyer review the work the lawyer did for you. Lawyers get paid for lots of work besides court appearances and filings, including all communications, negotiations, research, writing, etc. 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. I practice law in CA,...
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Q: I suspect that the lawyer who is representing me is working impaired.What recourse do I have?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Feb 22, 2017

You can hire another lawyer. You can fire this lawyer. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
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Q: I need some facts about things I feel will come up that aren't included in the basic info re: Post Judgemt claim to ROP

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Legal Malpractice for California on
Answered on Feb 22, 2017

How are you trying to evict somebody if you're not the landlord and not even a party to an unlawful detainer case? If you're the sublessee, what are you trying to do. 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. I practice law in CA, NY, MA, and DC in the...
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Q: Good day. My question is regarding the landlords responsibility to deal with a tenant that is harrasing another tenant.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Legal Malpractice and Real Estate Law for California on
Answered on Feb 22, 2017

Your landlord is legally required to ensure your right to quiet enjoyment, as such is implied in any residential rental agreement. This means your landlord must ensure that the other tenants are not violating such rights. You can remind your landlord about this duty. Otherwise, you can sue. You can also call the cops about assault, theft, noise violations, or other crimes if committed by the tenants. More details are necessary to provide a professional analysis of your issue. The best first...
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Q: In Tn. do you have to be a lawyer to open a law firm

1 Answer | Asked in Business Formation and Legal Malpractice for Tennessee on
Answered on Feb 20, 2017

You cannot practice law in Tennessee without admission to the bar or in limited circumstances being supervised by someone who is admitted. Is your question about entering into a business partnership with a lawyer?
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Q: Is it Legal for Auto Repair shop to ask me only to pay cash for discount

1 Answer | Asked in Consumer Law, Legal Malpractice and Small Claims for Massachusetts on
Answered on Feb 20, 2017

There is no law against requesting payments in cash. See: http://www.mass.gov/ocabr/consumer-rights-and-resources/autos/lemon-laws/mechanics-of-auto-repair.html

If you suspect tax fraud, you can report it to the IRS. 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...
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Q: If your Boss at your job pinches you and leaves bruises on you and mind abuses.Do you have grounds for a law suit?

1 Answer | Asked in Legal Malpractice and Sexual Harassment for Georgia on
Answered on Feb 20, 2017

If you complain about the harassment (follow your employee handbook on filing internal complaints) and nothing is done or you are retaliated against, certainly, move forward and file a charge with the EEOC.
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Q: Does it constitute legal advice if you give someone a few ideas on how to fight a traffic ticket?

1 Answer | Asked in Legal Malpractice and Traffic Tickets for New York on
Answered on Feb 18, 2017

That sounds like a violation of practicing law without a license, which is a crime. Such disclaimers may not save you if you're doing the work that a lawyer does, such as providing legal advice or answering legal questions, in states where you are not licensed to practice law.

See: http://codes.findlaw.com/ny/judiciary-law/jud-sect-478.html

Also see: https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=51103

which states in relevant part on page 33: "At present, there...
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Q: Do I have a right to see a child abuse incident report now it's been dismissed in court?

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for North Carolina on
Answered on Feb 17, 2017

Possibly through your state's police regulations. Generally, should have been released through the criminal discovery process. Speak with the NC Civil Liberties Union.
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Q: My lawyer missed a filing date in my divorce. What should I do?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Feb 16, 2017

You may be able to appeal any order that resulted from the missed deadline, if time permits. Depending on the facts, you may be able to sue for malpractice. Also you may consider hiring a better lawyer. 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. I practice law...
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Q: Wrongfully death lawsuit .onelawyer and 4 individual.the terms on the contract weren't agreeable to me.so I walk out.

1 Answer | Asked in Legal Malpractice and Wrongful Death for Nevada on
Answered on Feb 16, 2017

Get a consult with another lawyer. Either you have your own lawyer then or that lawyer will tell you it wasn't as misleading as you think.
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