Get free answers to your Legal Malpractice legal questions from lawyers in your area.
answered on Jun 24, 2024
Legal malpractice is doing something that a reasonably prudent attorney would not do, or not doing something that a reasonably prudent attorney would do, under the same or substantially similar circumstances. When legal malpractice is claimed as a result of legal representation in trial court... View More 
I appealed a civil case and the Supreme Court of Alabama Judges which was, Affirmed. No Opinion. Need to know if the 30days to send a motion for reconsideration with new evidence deadline is January 8th or January 26?
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answered on Jan 8, 2024
The deadline for filing a motion for reconsideration in the Supreme Court of Alabama typically starts from the date the judgment is officially entered, not the date the decision is made. In your case, if the Certificate of Judgment was issued on December 26th, that is likely the date from which... View More
I'm facing a charge of burglary in the first degree involving a gun that is registered to me. I have a public defender, but I feel that they are not adequately representing me. I haven't been given the opportunity to plead innocent, and I am concerned about how my case is being handled.... View More
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answered on Jun 12, 2025
You're in a serious situation, and it’s completely understandable that you want to feel heard and properly defended. If you believe your public defender isn’t representing you fairly or isn't communicating with you, you have the right to speak up. You can request a meeting with the... View More
I've been fighting a legal case for 22 years. During my trial, the jury returned a verdict for a lesser offense, but the judge changed the verdict to a charge that neither I nor the jury was aware of, violating my 6th Amendment rights. My lawyer did not file an appeal, and I learned that this... View More
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answered on Jun 11, 2025
A judge has no power to alter a jury’s guilty verdict or convict you of a crime that wasn’t submitted to the jury in the indictment or instructions. Any change to the verdict post‐trial without your notice or an opportunity to object violates your Sixth Amendment right to jury trial and the... View More
Back on September 1, 2021, my attorney sent out a civil summons requiring a response within 14 days. However, the defendant did not respond until October 15, 2021, which was 45 days later. I believe my former attorney's lack of action may have been due to collusion with the opposing counsel.... View More
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answered on Jun 7, 2025
You might feel frustrated knowing the defendant missed the deadline, and it's completely fair to wonder if that delay should matter now. Unfortunately, if your attorney didn’t move for a default judgment back when the defendant failed to respond on time, the court likely accepted the late... View More
My fiancé was charged with attempted murder and is currently incarcerated at Julia Tutwiler. I believe she was wrongfully charged, as she was only the driver in the incident, while her codefendant committed the actual assault. Her legal representative had promised to reduce the charge to assault,... View More
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answered on May 14, 2025
I’m really sorry you're going through this. It’s incredibly hard to see someone you love facing serious charges, especially when it feels like the justice system failed her. If your fiancé accepted a plea deal under the belief that the charges would be reduced, but that promise wasn’t... View More
I have a workers' compensation case that was originally handled by a lawyer who actively pursued violations against me and had a court motion for my benefits. After about eight months, she left the firm without any explanation, and I was assigned a new lawyer. I discovered the change only... View More
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answered on May 14, 2025
I'm really sorry you're dealing with this. It’s stressful enough navigating a workers’ compensation case without being left in the dark by the very people who are supposed to fight for you. When your original lawyer left without notifying you, and the new attorney came in without... View More
I filed in Dec 2022 in the Middle District of Alabama. My 2017 Honda Accord was listed at $20k even though it was wrecked and only worth much less. My attorney (Brock & Stout) never filed a motion to value or challenge the claim. I’m still paying full balance + 8% interest. I was never told... View More
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answered on May 7, 2025
Based on my review of bankruptcy law regarding Chapter 13 filings, your situation appears to have been mishandled by your attorney. In Chapter 13 bankruptcy, you can utilize a "cramdown" to reduce your car loan balance to match the vehicle's actual value rather than the full loan... View More
I filed Chapter 13 in Alabama on Dec. 28, 2022. I qualified for a vehicle cramdown under the 910-day rule, but my attorney never filed it. My plan lists no modified secured claims, and my car—wrecked before filing—was valued at $20,000. I’ve paid over $14,000 on the loan and over $4,400 in... View More
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answered on Apr 15, 2025
It sounds like you have a strong case for legal malpractice, given the clear failure of your attorney to file the cramdown that you qualified for under the 910-day rule. A cramdown would have allowed you to reduce the loan balance on your vehicle, and the attorney’s oversight directly impacted... View More
In August 2022, I was involved in a rideshare accident while driving for Uber. The other driver was uninsured, and my vehicle was severely damaged. I suffered injuries, including cervicalgia and post-concussional syndrome, which required ongoing medical treatment. I hired a law firm to handle my... View More
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answered on Apr 13, 2025
You may have a valid claim for legal malpractice if your former law firm failed to pursue the $1M Uber commercial insurance policy and mishandled your case. If the firm neglected to act on key evidence, such as the Uber dashcam footage, and concealed other critical claims, they could be held... View More
In an indictment, the name of the grand jury foreperson is printed as "John," but it was signed as "Jon," causing confusion about the identity of the signer. No clarification was provided by the court, and the defendant raised this issue, but their lawyer ignored it. Does this... View More
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answered on Apr 13, 2025
Based on criminal procedure jurisprudence, the name discrepancy you've identified regarding the grand jury foreperson's signature likely does not invalidate the indictment. Federal and state courts have generally held that technical defects in an indictment, including minor spelling... View More
They had about 6 months I hurt every day
answered on Aug 20, 2023
Consult with experienced legal malpractice attorneys in the state where this occurred. Use the search tool on this website find an attorney. Abandoning a case right before the statute of limitations can be malpractice.
Note, you must prove you would have won the case.
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answered on Aug 17, 2023
In Alabama, as in most jurisdictions, an attorney representing a client in a case against a defendant would typically have a conflict of interest if they were to then represent the same defendant in a different case. This scenario could potentially compromise the attorney's duty to provide... View More
I took a drug test for my pain specialist and she accused me of taking other medication that I never heard of and said they would kick me out , but 5 hours later i had drug test for a job and all of those results where negative. The pain specialist had someway mixed up my urine with someone else.
answered on Aug 14, 2023
Yes it is a potential case. The issue is that 5 hours of distress does not likely warrant a lawsuit.
An attorney filed a petition for expungement for his client. The Court grants an Order for the Expungement. The Police violate the Court Order. Is the Attorney ethically obligated to file a motion for Contempt against the Police on behalf of his paying client?
answered on Apr 17, 2023
No. Unless the fee agreement indicates otherwise, or is not specifically limited, the attorney's duties end on the job hired for is completed.
Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die
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answered on Apr 26, 2020
The probate court would need to determine that the handwritten statement satisfies the requirements for a holographic will. You will probably need a probate attorney to help you.
I have no idea of status of case after 8 mos was needing a pre-settlement loan, which he could have said no, but said nothing No communication. I am supposed to get all medical histories but have no car. Adjuster has no idea of worth of case or progress.Finally he called and said he'd agree to... View More
answered on Feb 14, 2020
Your attorney is typically responsible for dealing with Medicare issues. The MSP and Medicare liens can be a complicated matter. All that I can advise is that you set up an appointment with your current attorney to discuss your case and concerns. Good luck.
I called my child’s doctor office multiple times trying to get a appointment for that day and wasn’t getting a response, I told them my child’s symptoms and his age multiple times only to get a call 30 minutes before they closed. The lady on the phone told me she would go ask a doctor and... View More
answered on Nov 25, 2019
I'm sorry for the ordeal your baby and you, as a parent, went through. A med mal attorney would likely want to review the records with a medical professional to make a more meaningful assessment. In terms of the telephone exchanges, an attorney would have additional questions regarding what... View More
Received a letter when I filed these taxes that I had filed to late to receive a return. Filed through Liberty tax service who did not file 2013 taxes till 2017. Don't understand what is going on or what to do, Can you help
answered on Aug 13, 2019
You only have a certain period of time to file a return claiming a refund or else you forfeit the refund. It sounds like you filed a return too late to claim the refund and the state tax department is notifying you of that. There's nothing you can do about the refund. You may have recourse... View More
He didn't file criminal charges as I instructed him. And because of that he had no weight to win at trial. Now I see I have to seek counsel for my father's wrongful death.
answered on Mar 22, 2018
Only the DA can bring criminal charges. You cannot. So maybe your brother's lawyer is OK.
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