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Florida Legal Malpractice Questions & Answers
1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: How could I go about suing a attorney for unethical reasons?

I was tricked into paying legal fees that were never owed and given directly to my ex-husband by his attorney. I have text messages proving this was done to me. Do i have any legal ground? What category does this fall under?

Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2022

To get meaningful advice about your situation, you need to schedule a consultation with an attorney for discussion of the circumstances, review of your retainer contract (if any) and the case materials, and if this was a court case, review of the court docket. You might have a legal malpractice... Read more »

1 Answer | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: Bankruptcy-Incorrect Schedules filed with court

I spoke with my attorney today pertaining to incorrect information in my Schedules that were filed.I provided everything accurately and honestly. Most concerning, my tax return wasn't added. Then my values of property were changed. Removed a creditor that was originally on draft. Said I make... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 9, 2022

While both of you are at fault (your signing them without making sure they were accurate and complete; your attorney neglecting to attach your tax return, and overlooking other mistakes in the schedules), the attorney is probably right by advising you that it's not important. As you have... Read more »

1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: Can an attny add fees cost to a demand increasing the settlement amount, then add fees cost on the new settlement amount

Can an attorney add his/her fees and to an amount a client offered to settle a case, increasing the settlement amount offered, then tacking on fees and cost on that increased amount?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 15, 2022

Yes, if it is a contract, such as a charge card, which contract provides for attorney fees, they can recover those when they bring it to court. Court costs, including filing fees and the expenses of serving you with process (a "summons" and a copy of the court complaint) can also be... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Florida on
Q: I own a rental property in foreclosure in Florida that I deeded to a single member LLC for that property only. I want

to deed it back over to my name only, dissolve the LLC , and ask the court to remove the LLC from the foreclosure case. Can I do this ?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 10, 2022

You can do the first two but the court is not likely going to remove the LLC from the case because it had an interest in the property at the time of the foreclosure and that interest needs to be foreclosed.

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for Florida on
Q: My lawyer is violating my right to adequate representation of counsel over a year with no communication

Lawyer has no returning any of my attempts to contact and correspond also has not been present at league proceedings

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Feb 1, 2022

If you believe you have exhausted all efforts to contact and discuss your issues with your attorney and they are still not responding or unwilling to settle, you have the option of hiring another lawyer. However, keep in mind that if you terminate a lawyer, you may be charged for the amount of work... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Florida on
Q: After an arrest, can the officer place you in the car with windows up and engine off while he finishes his investigation

After about 10 minutes a sheriff from the county came over on his own to show some decency and open the door for me so I could breathe.

Henry George Ferro
Henry George Ferro
answered on Jan 9, 2022

This is an interesting question and you are protected by the constitution against cruel and unusual punishment. Given your fact pattern, I don’t believe that the actions of the officer rise to that level, the intervention by the deputy was appropriate and kept the situation from the escalating... Read more »

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Florida on
Q: This is a complicated question. A professional malpractice case was filed before the 2 year time period.

The case was litigated for a year and the Plaintiff withdrew the case without prejudice. Now the plaintiff would like to reopen the case. Is that possible? I am not sure about the timeline for permanent closure or continued litigation in a case of this style.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 4, 2022

Assuming that the pertinent statute of limitation period has expired, re-filing the case would be time-barred.

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: I was arrested at my home illegally, I submitted my footage and complaint to professional Standards and a sustained…

Finding was reached. I filed a motion to dismiss on grounds of violations of my 14th amendment, not only for the illegal arrest but the Sheriffs dept, sent me a notice of my warrant, I communicated back and decided to go a more refined way and file a motion to quash Capias, it was sent back by... Read more »

Henry George Ferro
Henry George Ferro
answered on Nov 1, 2021

Notice to the agency is required by Florida Statutes, must be filed within three years of the occurrence and the dept of financial services must also be served. You should also hire a lawyer to do this and handle this matter for a myriad of good reasons.

2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?
Domenic J. Celeste
PREMIUM
Domenic J. Celeste
answered on Oct 9, 2021

For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching... Read more »

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1 Answer | Asked in Divorce, Civil Litigation, Domestic Violence and Legal Malpractice for Florida on
Q: Conflict of interest

Partners

Nicole Vette
PREMIUM
Nicole Vette
answered on Aug 21, 2021

If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.

1 Answer | Asked in Animal / Dog Law and Legal Malpractice for Florida on
Q: A veterinarian gave my dog the wrong dosage and now may need to be euthanized. Can I pursue legal action?

My dog was given a medication at 20mg dosage when it should have been 2.5mg. As a result of the wrong dosage and previous health issues she is now having acute kidney disease and may need to be euthanized. How do I go about pursuing legal action against the animal hospital involved?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 6, 2021

Most dogs don't have a market value of very much. Unlike people, you wouldn't be able to sue for "wrongful death". So you would sue in small claims court for the vet bill for the negligent procedure, as well as the cost of having the dog euthanized. That's about it.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Had a procedure done on my back with a 2 to 3 day recovery; haven’t been to work since; Are there any legal grounds ?

It’s been eight months since I worked; I have applied for disability;

My problem is that I cannot physically return to work at this time. Please respond, thanks

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 28, 2021

That's a question your current heath care provider needs to answer.

1 Answer | Asked in Intellectual Property, Legal Malpractice and Trademark for Florida on
Q: Is it legal to record a movie for personal use from a DVD one owns?

Hello,

I am wondering if it is legal to record (copy a movie to save as .mp4) a movie with VLC that has been legally purchased (first sale) for personal (non-distributed) use. I would not like to retain the original DVD's (as I travel a lot and enjoy the convenience of a digital... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 23, 2021

Depends.

You should consult with an attorney to address your concerns.

1 Answer | Asked in Legal Malpractice and Lemon Law for Florida on
Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!

Marco advised I ask google, isn't this ask a lawyer. If google is the best answer, I knew lawyers are part of the problem

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 8, 2021

It's not an acronym.

see:

[20-22] "... (Britain, law) The railing surrounding the part of a courtroom in which the judges, lawyers, defendants and witnesses stay

(US, law) "the Bar" or "the bar" The bar exam, the legal licensing exam....
Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got ran over by a garbage truck, got surgery months after.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2021

You want to contact a member of the Florida Justice Assn who handles malpractice cases in your county. They give free consults. However in some states the workers comp doctor is protected from malpractice claims!

3 Answers | Asked in Contracts, Copyright and Legal Malpractice for Florida on
Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!?

I need clarification, this site is called ask a lawyer, not ask google, what are you hiding or is that a part of the b.a.r (secret)?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 7, 2021

Did you try google?

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1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got surgery Very late. Incident happen on 12-11-19. Got surgery on 10-22-20.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 7, 2021

Of course, and you might prevail if you can prove negligence. Ask your worker comp. attorney for more information.

1 Answer | Asked in Criminal Law, Legal Malpractice and Libel & Slander for Florida on
Q: how do i get a expungement. 2019
Henry George Ferro
Henry George Ferro
answered on Jul 7, 2021

You can go through the FDLE website or you can hire a lawyer to do it for you.

2 Answers | Asked in Consumer Law, Contracts and Legal Malpractice for Florida on
Q: Civil plaintiff attorney has effectively gone missing since April. Resulting in missed deadline sanction won’t call bar

Radio silence to even the bar

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 19, 2021

And what is your question? If this is your attorney find another attorney, who can, take over your case and determine what, if anything, to do about the missing attorney.

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1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
Read more »

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