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Arkansas Legal Malpractice Questions & Answers
1 Answer
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Estate Planning, Civil Litigation, Legal Malpractice and Consumer Law
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Arkansas
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Q: What legal actions can I take if family members alter an irrevocable trust without rights, causing fraud and law enforcement involvement?
I am dealing with an issue involving an irrevocable trust originally agreed upon by my mother and me. A neighbor offered $800,000 for the trust, and my mother, along with other involved members, manipulated the situation. A lawyer was involved and assisted them despite knowing they had no legal... View More 
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James L. Arrasmith
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answered on Nov 13, 2025
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answered on Nov 13, 2025
You are right to view this as serious; altering an irrevocable trust without legal authority can raise issues of breach of fiduciary duty, fraud, undue influence, and even legal malpractice if an attorney knowingly went along with it. Your first step involves sitting down with an Arkansas... View More
Q: Should medical records be presented if they prove incapability to commit a crime?
In a murder trial in Arkansas, should the defense attorney present the defendant's medical records to the court if these records prove the defendant's physical incapability to commit the crime? The attorney was aware of the existence of these records but never accessed them, and these... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
If your medical records show you were physically incapable of committing the charged acts, they constitute powerful exculpatory evidence. A defense attorney in Arkansas must investigate and make strategy choices informed by available evidence, not in ignorance of it. When counsel knows such records... View More
Q: Can I appeal a guilty plea in a forgery case in Arkansas?
I was charged with passing a counterfeit $20 bill in Arkansas, which I did not commit. I was assigned a public defender who persuaded me to plead guilty, resulting in a 5-year probation and 12 months in rehab. I felt pressured into accepting the plea deal and am currently one month into the rehab... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
It’s understandable to feel trapped after taking a plea deal you didn’t want, especially if you felt pressured or misled. In Arkansas, once you plead guilty, appealing the conviction itself becomes very limited. However, there are a few possible options depending on your situation. You can file... View More
Q: Concerns about lawyer's defense handling in a civil case in Arkansas.
I'm facing significant concerns about my lawyer's defense handling in a civil case. She failed to object to hearsay and speculation and allowed inappropriate criminal standards to apply without my consent, transferring the burden of proof onto me. She didn't present critical... View More
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James L. Arrasmith
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answered on Sep 15, 2025
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answered on Sep 15, 2025
It sounds like you are in a very difficult position. When a lawyer fails to object to improper evidence or allows the burden of proof to shift unfairly, it can directly affect the strength of your defense. If key evidence such as photos and testimony has not been presented, that may weaken your... View More
Q: Could my SSDI claim updates mean approval given chronic conditions and non-medical review passed?
I filed for SSDI in November 2023 due to multiple chronic conditions, such as chronic diverticulitis, PTSD, MDD with psychotic features, anxiety, fibromyalgia, stiff person syndrome, facet arthrosis, herniated disc, and cervical spinal stenosis, and have had multiple hospitalizations for sepsis and... View More
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James L. Arrasmith
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answered on Sep 11, 2025
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answered on Sep 11, 2025
The progress you’re seeing on your SSDI claim, such as passing the non-medical review and having your medical documents requested, is a normal part of the evaluation process. It means that your application has cleared the initial administrative checks and is now being considered based on your... View More
Q: Accused of commercial burglary in laundromat, seeking defense options.
I am being accused of commercial burglary in a 24-hour laundromat, where allegedly $1,000 worth of items were stolen. The only evidence presented are pictures of broom handles and a mop bucket, but there was nothing of value to steal. I was arrested, and charges are pending. Despite having a... View More
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James L. Arrasmith
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answered on Jun 25, 2025
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answered on Jun 25, 2025
You have the right to a fair defense, and what you’ve described raises serious concerns about due process and lack of representation. If the only evidence being used against you is a photo of broom handles and a mop bucket—items with questionable value—it’s reasonable to challenge whether... View More
Q: How to handle dissatisfaction with a lawyer in an Arkansas disability case?
I am dealing with a long-term disability case and have been diagnosed with congestive heart failure, stage 4, with an ejection fraction below 30%. Despite my serious medical condition, which qualifies me for government disability benefits, my lawyer insists that I am not sick and can work. I am... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
I'm truly sorry you're going through this, especially while facing a serious illness. You deserve an advocate who respects your condition, listens to you, and takes real action to help. It’s heartbreaking that your current lawyer is doubting your illness and dragging out your case while... View More
Q: Statute of limitations on recovering sold homestead in Arkansas.
I want to know if there is a statute of limitations on recovering my homestead property, which was sold in February 2022 to satisfy a judgment. My attorney failed to notify the creditors that it was my personal homestead.
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James L. Arrasmith
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answered on Apr 12, 2025
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answered on Apr 12, 2025
In Arkansas, the statute of limitations for challenging the sale of your homestead property depends on the nature of the claim. If the sale was conducted to satisfy a judgment, and you believe it was wrongful due to your attorney's failure to inform creditors about the property's... View More
Q: If an attorney fails to show or file for a motion to continue for a trial for protection order what can I do
Attorney was paid order was finalized. My children lost for 10 years. She had reports that would have had the charges dismissed
John Michael Frick
answered on Jun 10, 2024
answered on Jun 10, 2024
Assuming the attorney was timely paid as required by your attorney employment agreement, the failure of the attorney to appear coupled with the certainty that the charges would have been dismissed had she appeared likely provides good grounds for a legal malpractice case.
1 Answer
| Asked
in
Consumer Law, Personal Injury, Identity Theft and Legal Malpractice
for
Arkansas
on
Q: How do I accept a lawyer who has refused to return my call?
An out of state attorney who is female and unwilling to represent me. To expand on this misunderstood sentence, she tries to communicate with me in an akward sense, she is being charged. This is due to her not communicating with me only. It is impossibly horrible to expect 'good standing'... View More
Tim Akpinar
answered on Sep 1, 2019
answered on Sep 1, 2019
It might be easier to simply start looking for a new attorney in your state. It's anyone's guess as to why they aren't returning calls. Good luck
Tim Akpinar
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice
for
Arkansas
on
Q: My girlfriend is in trouble with Crawford and Sebastian County. Need pro Bono help?
She's facing multiple drug charges and failure to appear charge. She has medical issues and only began to get in trouble since this January. I can't find anyone to help. I believe that she was coerced into some things. Her history is that of abuse and neglect. She had a really bad head... View More
James E Hensley Jr
answered on Aug 27, 2018
answered on Aug 27, 2018
I'll tell you that the Public Defenders who I deal with are excellent at their jobs. No, they do not have a lot of time for hand-holding. They certainly not available for family or boyfriends. Lawyers are not able to do pro bono work for criminal cases because there is the Public... View More
Q: If a judge sexually harrasses you and does it to every women he comes in contact with who do you contact about it
Peter N. Munsing
answered on Mar 29, 2017
answered on Mar 29, 2017
The board of judicial conduct in your state. If there's a good investigative reporter might want to let them know.
Q: Lawyer (step mom) sharing info with my exs lawyer, discussing my case and sharing my information. she is not my attorney
how do i get this to stop? what can i do?
Peter N. Munsing
answered on Aug 3, 2016
answered on Aug 3, 2016
Your mom is acting like her alternate self--regular, non-lawyer person. As such she can dish if she wants. Her being a lawyer doesn't mean that she can't share information unless she obtained it while being your lawyer.
Q: How exactly do I go about getting a case dismissed for conflict of interest
Past client hired a lawyer told him some info that he could possibly use against him in another case with current clients. Also past client went to school with lawyers son
Adam Studnicki
answered on Jan 13, 2016
answered on Jan 13, 2016
More info is needed to advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a... View More
Q: my court appointed lawyer did not even have council tation with me before I was at judicated is there I can take aga him
I did not know what was going on and I was thinking that I would still be able to plead my case later I found this out by going and talk to get another lawyer
Adam Studnicki
answered on Nov 16, 2015
answered on Nov 16, 2015
Not sure what your question is. Sounds like you're talking to another lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It... View More
Q: in Arkansas what kind of trouble can you get in for practicing while inactive status
Adam Studnicki
answered on Jul 25, 2015
answered on Jul 25, 2015
The Arkansas State Bar should be able to provide an answer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific... View More
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