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Georgia Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice and Medical Malpractice for Georgia on
Q: I have a medical malpractice lawsuit going on since January 2020 and I feel like my attorney is not informing me much?

How long should this lawsuit end?

Tim Akpinar
Tim Akpinar answered on Oct 20, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. As a general matter, med mal cases can drag out for a long time. It could depend on when it was placed into suit, the backlog on the trial calendar, how long it takes to complete discovery, and other factors. The... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Georgia on
Q: Is a cotingency fee contract a legally binding contract in georgia

Can a case be assigned to an attorney incorrectly in a law firm be terminated for that purpse alone

Cory D. Raines
Cory D. Raines answered on Oct 12, 2021

Contingency contracts are on of many contracts that are legally enforceable in the state of Georgia. They are often seen in personal injury law matters and many of these contracts allow either the client or attorney to terminate or withdraw, respectively. However, the client may owe that attorney... Read more »

2 Answers | Asked in Criminal Law, Legal Malpractice and Municipal Law for Georgia on
Q: how much would it cost me if you got my dads case file?
Robbie Levin
Robbie Levin answered on Aug 26, 2021

I'm not sure what you mean by getting your dad's case file. Is it hidden somewhere, and you need someone to find it? Please give additional information as to what you are trying to accomplish.

For more information, visit my website at www.LevinLawyerGa.com

-Law Office of...
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1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Georgia on
Q: The indenture date on the deed under power has the 3rd Tues, shouldn't it be dated the 1st Tues to be a forclosur sale?

The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.

Can a lender avoid going to the court house steps & sell/foreclose on... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

Your second paragraph is answered "It depends." The devil is in the wording of the documents.

The first paragraph does not ask a question.

If your question is only one question involving both paragraphs, again the answer would be "It depends."

1 Answer | Asked in Legal Malpractice for Georgia on
Q: Do I have a case?

2yrs ago a lady ran a red light hitting my work van,a coworker recommended his long time childhood friend to represent me. One of his associates was my attorney, It went well at first-then she left the firm. So then I get this guy-anything he wants me to know/he doesn’t call( nor does he return... Read more »

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

Refuse the settlement, speak with the managing partner, and get to the bottom of it. You can also acquire a new attorn4y but there are a lot of factors to consider there. You can also contact the GA Bar for guidance, as a lot of "volume" personal injury lawyers violate the law and... Read more »

2 Answers | Asked in Adoption, Family Law and Legal Malpractice for Georgia on
Q: I am a birth father. The birth mother and I want to contest an adoption we’ve consented. How do we start the process?

The birth mother signed a Post Adoption contact agreement thinking that we would be able to keep in contact with the adoptive parents. The attorney never said that both parties needed to sign. I’ve recently learned that they never signed an agreement. This would have been a dealbreaker in our... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 25, 2021

Get an adoption attorney on the job immediately. You are under a time deadline. Don’t delay.

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1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for Georgia on
Q: Disbursement of Recovery: Any recovery shall be received by Attorney and disbursed to Client pursuant to this Agreement

Do this clause give my attorney the right to cash my check?... Even if I did not agree to the recovery amount of the settlement. Can he cash and deposit my check?

I fired my attorney and when it came down to my new attorney requesting the check the check had been cashed.

Tim Akpinar
Tim Akpinar answered on May 24, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. This sounds like something that has to be sorted out between your incoming and outgoing attorneys, and possibly the carrier, depending on how it's handled. Good luck

Tim Akpinar

Q: my car caught fire today at my workplace, I believe it was an electrical fire due to a recall on the 2017 NissnSen
Tristan Blain Morrison
Tristan Blain Morrison answered on Apr 28, 2021

I'm sorry to hear about your car. If you were injured while working, then you have a workers' compensation claim. If the injury was serious, you should speak with a lawyer to bring your claim immediately. If you were not working, but you were seriously injured, then you will need a... Read more »

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1 Answer | Asked in Family Law, Adoption and Legal Malpractice for Georgia on
Q: What can we do about misrepresentation or omission of information?

The lawyer said things to the adoptive parents the day of our daughter’s birth that neither one of us said, nor told her to say. We weren’t aware of the worst possible outcomes in adoption either. If we had a clue that it would be like this we would’ve never done it. How is this legal? How... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 21, 2021

Was this your lawyer or the lawyer for the other person? What was written out in the papers that were signed? You may want to consult with an attorney who can review the facts of the case in detail and present you with any options you may have.

1 Answer | Asked in Child Custody, Civil Litigation, Family Law and Legal Malpractice for Georgia on
Q: Are GA deputy sheriffs authorized to administer legal advice to the public?

And if so... to what extent?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 1, 2020

Only licensed attorneys are authorized to give legal advice to the public.

1 Answer | Asked in Legal Malpractice for Georgia on
Q: Conflict of Interest?

Lawyer represents a defendant in a Aggravated assault case against the victim who he represents in a family law matter. Defendant and Victim are in a relationship. Isn’t this an issue?

Homer P Jordan IV
Homer P Jordan IV answered on Oct 28, 2020

The way you have described it there could be a conflict of interest, but we would need to know more about the facts in detail.

1 Answer | Asked in Contracts, Criminal Law, Divorce and Legal Malpractice for Georgia on
Q: Is there an Law Firm that specializes in Void Judgement.??

I have a case that has many faces: active divorce Since 2016, proposed settlement presented July 8, 2016, final judgment on July 14, 2016, after mediation and consent order signed by judge Feb 9, 2016. My X bringing contempt charges for incurring debt on credit cards. It was mutual and nothing was... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 17, 2020

You may want to call the state bar to inquire about an attorney that would specialize in this type of case. They maybe able to refer you to someone. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Divorce, Family Law and Legal Malpractice for Georgia on
Q: My client was just told via an advertisement from an attorney that she was named in a divorce. Is that legal?

This law group was not her or her husband's attorney. They were fishing for work. She did not know they were getting a divorce and had not even been served yet. This law group had her case number and name of the judge. Is this not legal to solicit work like that?

Regina Irene Edwards
Regina Irene Edwards answered on Aug 16, 2020

This is legal. Solicitation by mail is allowed per the State Bar rules. They searched the public records for divorce filings and mailed her a notice. This is why I do not include the addresses of my clients in the petition, to prevent this from happening.

--Regina Edwards |...
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2 Answers | Asked in Criminal Law, Family Law and Legal Malpractice for Georgia on
Q: Can a Superior Court Judge dismiss a Petition because of what he sees as a technical issue, and not rule on the merits ?

I submitted a Petition pro se for my incapacitated son, I am legal guardian/POA/mother. The judge dismissed the Petition because I "am not a lawyer" although I submitted case law/GA Statute to show I was allowed to do so in exceptional cases such as ours. He did not read the Petition,... Read more »

V. Joy Edwards
V. Joy Edwards answered on Jun 27, 2020

Hmmm . . . It depends. I would need more details to be able to respond. Feel free to contact us to schedule a consultation.

The Edwards Law Group

770-723-7211

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1 Answer | Asked in Legal Malpractice, Criminal Law, DUI / DWI and Civil Rights for Georgia on
Q: Is it legal to drink alcohol and shoot targets on my own private property in ga.

Not that I’m going to or want to I just started thinking wow I’ve had a long week at work I think imma have a few beer when I get off but then I thought oh yeah I need to adjust my scope and that’s how I come up with the question . But I was just wondering say I had a few beers and been... Read more »

Lance Mixon
Lance Mixon answered on Apr 25, 2020

Your private property may be in a city that makes discharging a firearm in the city limits illegal. Plus, in some or residential neighborhoods, covenants prevent such activities due to disruption of the neighbors due to loud noises.

1 Answer | Asked in Legal Malpractice for Georgia on
Q: I was told that if my case was settled and didn’t go to trial that I would be charged 30%, but I billed 33%

I got that percentage amount from my statement of distribution

Michael W. Horst
Michael W. Horst answered on Apr 8, 2020

The document which controls what you pay your attorney is known as the "Fee Agreement." You signed that document when you first hired your attorney. I suggest asking your attorney to forward that document to you. It will indicate what percentage you agreed to pay your attorney in the... Read more »

1 Answer | Asked in Civil Litigation, Federal Crimes, Legal Malpractice and Medical Malpractice for Georgia on
Q: Are there any requirements that a witness or testimony must meant before they/it can be used in the court of law?

For example, when a person claims they were present when a crime took place, would they have to prove this in anyway or is any person who claims to know something about a case accepted?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

This is typically proven in court on direct and/or cross examination. This is the importance of good legal counsel. If you haven’t already, it is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to...
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2 Answers | Asked in Child Support, Divorce, Family Law and Legal Malpractice for Georgia on
Q: There's a mistake on my final divorce decree is it still Legal it's a written mistake

I was unable to get a lawyer I've been a stay at home mom since I was 6mo prego our son is 3 he filed I couldn't afford council so he was awarded primary custody we have joint custody there was mental verbal emotional and some physical abuse and he cheated and I have proof of everything... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Dec 10, 2019

What is the mistake? There are details to your case that we would need to know in order to provide you with guidance. You should consult with an attorney who can review the facts in detail and present you with the options and guidance. -Homer P. Jordan IV, Esq. 404-620-1558

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1 Answer | Asked in Legal Malpractice for Georgia on
Q: What to do if personal injury lawyer will not return my calls? I have left several messages.

It’s been three months since my personal Injury lawyer filed my insurance claim and I haven’t heard anything yet. I have left several voice messages. Every time I speak to his secretary she gives me his voice mail, but no one never return

my call. Is this normal? What should I do?... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Ask the secretary to schedule a time for you to speak with him or a visit.

1 Answer | Asked in Legal Malpractice for Georgia on
Q: My personal injury lawyer will not return my calls. I have left several voice messages. What should I do?

It’s been three months since my personal injury lawyer submitted my claim. I haven’t heard anything. No one will return my calls. I feel like I am being ignored. What should I do?

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

I suggest you set up a time for an in person visit with the attorney or the paralegal. Initially there may be a wait while they wait for records which can take some time, but they should be able to tell you what's going on.

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