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Georgia Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law and Legal Malpractice for Georgia on
Q: Can I withdraw a plea if I have not been sentenced and how.i need to tell the court I had a lawyer that was no good for
Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

In short, yes. Generally sentencing happens AT PLEA in GA, so I am a bit confused by your situation, and talking with the Public Defender or a private lawyer is a good idea as that sounds strange.

BY law, you have the right to move for a withdrawal of your plea within the current term of...
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2 Answers | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Georgia on
Q: In a crimenal case if I pea guilty does my lawyer have the rite to say I cannot withdraw my plea

I plead guilty to a felony crime because the lawyer wouldn't help in any just kept telling me it would be best to plead guilty a blind plea then when he handed the judge the paper work he said I also put on here he could not withdraw his plea does a lawyer have that kind of say

R. Blake Morton
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answered on Sep 5, 2024

In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if... View More

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1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Help needed asap!!

Hello!

I am from Georgia. My sons late grandfather has had custody of him since he was small due to the hostile nature mine and my sons late fathers relationship. Since my sons grandfather has passed away, I have been sent paper work that has been nothing but LIES! How do I go about filing... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

It is uncertain what papers you were served with that contained false statements. I would suggest you speak directly to an attorney so you can explain what action has been filed, what papers you were served with, and get some clarity.

1 Answer | Asked in Civil Rights, Criminal Law and Legal Malpractice for Georgia on
Q: Attorney & office didn't represent me nor use my evidence, or witness. He had 4th-stage cancer. my boyfriend doing crime

My boyfriend made false allegations & narratives {I didn't live with him but another girl suddenly did. Boyfriend had me arrested 2 nights after he spent night with Mom & me at our house. My father had passed so, I stayed with mom & still lived 13 years at my boyfriend's... View More

James L. Arrasmith
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answered on Jan 31, 2024

In your situation, it seems there were significant issues with the legal representation you received. If your attorney failed to effectively use crucial evidence and witness testimonies, or did not represent your interests adequately, especially considering the seriousness of your case, you may... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: Is a judge allowed to force me to represent myself pro se even though I am indigent because my appointed lawyer quit

codef repsntd by PD's office, i was conflicted out- great relationship, negotiated agreement w/ DA- dismissal if codef admit ownership at plea entry. 5mos past and discovery was not made available. eventually attny withdraw b/c state failed to pay for services. -11mos no new appointed attny.... View More

James L. Arrasmith
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answered on Jan 21, 2024

You have the right to legal representation, especially if you are indigent and facing criminal charges. If your appointed attorney quits, the court is generally responsible for appointing a new attorney to represent you. It's unusual and potentially a violation of your rights for a judge to... View More

1 Answer | Asked in Workers' Compensation, Wrongful Death, Legal Malpractice and Personal Injury for Georgia on
Q: Husband killed at work, lawyer deducting from compensation, payment duration?

My husband was killed at work in June 2023, and a law firm was hired to pursue a wrongful death case. During a video meeting, they mentioned involving workers' compensation. My understanding was that no fees would be paid to the lawyers unless the case was won. However, my lawyer has been... View More

James L. Arrasmith
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answered on May 15, 2025

First, I’m truly sorry for your loss. Losing your husband under such tragic circumstances is painful enough, and dealing with financial confusion on top of that is overwhelming. In a typical wrongful death or workers’ compensation case, attorney fees are often taken on a contingency... View More

1 Answer | Asked in Appeals / Appellate Law, Legal Malpractice and Criminal Law for Georgia on
Q: Options after felony murder case mishandled in GA by inexperienced counsel.

In a felony murder case in Lawrenceville, GA, concerning an accidental death, our prior legal counsel represented us for five years but was not equipped to handle such cases. Despite acknowledging this verbally, only one plea deal was offered, and the case ended with a severe outcome. My family... View More

James L. Arrasmith
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answered on May 14, 2025

You are facing a painful and urgent situation, and the pressure of a strict deadline only makes it harder. Even without a written admission from the former attorney, you may still be able to raise a claim of ineffective assistance of counsel. Georgia courts—and higher courts—will often look at... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Personal Injury and Legal Malpractice for Georgia on
Q: Inspection report missed foundation issues; now facing shifting foundation problems. Can I hold inspection company accountable under warranty?

I purchased a property in October 2024, and the inspection report at that time did not mention major foundational issues. It only indicated a previous repair that could allow pest and moisture in the crawlspace, along with parge coat and cracks that were deemed non-structural concerns. There was a... View More

James L. Arrasmith
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answered on May 14, 2025

It’s understandable that you're frustrated after discovering shifting foundation issues so soon after moving in. If the inspection report downplayed or failed to detect warning signs that a qualified inspector should have reasonably identified, you may have grounds to hold the inspection... View More

1 Answer | Asked in Contracts and Legal Malpractice for Georgia on
Q: Attorney agreed to 10% fee but wants a higher percent after excess funds were granted. How to ensure original agreement is upheld?

I have an agreement with my attorney to represent me in an excess funds claim of $105,000. We initially agreed on a 10% fee. After the courts granted me the funds, he suggested 20%, then reduced it to 15% after I said 20% was too high, and lastly suggested the initial 10% fee plus his hourly rate... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're facing this. When you and your attorney agreed to a 10% fee and documented it in writing, that agreement should govern your arrangement—unless both parties later agreed in writing to change it. The fact that your attorney is now trying to alter the terms after... View More

1 Answer | Asked in Personal Injury and Legal Malpractice for Georgia on
Q: Attorney settled personal injury case without consent, need assistance in Georgia.

I live in metro Atlanta and recently dismissed my attorney due to non-communication in my personal injury case. The next day, I received an email claiming the case had been settled without my consent, despite rejecting the previous offer that would have left me owing medical bills. I have yet to... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're going through this. If your attorney settled your case without your clear, written consent, that could be a serious violation of your rights and legal ethics. No lawyer is allowed to finalize a settlement unless the client explicitly agrees to the terms, especially... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Georgia on
Q: When can a person file an extraordinary motion for a new trial in Georgia in a criminal matter with new evidence?

I would like to know when a person can file an extraordinary motion for a new trial in Georgia for a criminal matter. I have discovered new evidence since the original trial, which was not available or known at the time because my attorney failed to present it, even though I requested it. Could you... View More

James L. Arrasmith
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answered on May 14, 2025

What you're going through is incredibly serious, and it's understandable that you want to act quickly when new evidence comes to light—especially when it wasn’t presented through no fault of your own. In Georgia, an **extraordinary motion for new trial** can be filed **after the... View More

1 Answer | Asked in Legal Malpractice and Civil Litigation for Georgia on
Q: Concern about lawyer's lack of communication and potential misconduct in legal case

I've been experiencing a lack of communication from my lawyer for a few months. I emailed my lawyer and hope to hear back tomorrow, but if not, I'm unsure of what steps to take. The lawyer said he was filing a motion two weeks ago but hasn't acted on it. Meanwhile, the DA offered to... View More

James L. Arrasmith
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answered on Apr 13, 2025

It's understandable to feel concerned about your lawyer's lack of communication, especially given the length of time the case has been ongoing. If you don't hear back after your email, try following up with a phone call or even visiting the office in person, if possible. Keep a... View More

1 Answer | Asked in Legal Malpractice and Criminal Law for Georgia on
Q: How can I fire my current attorney for inadequate representation in a Georgia murder trial and recover my money?

I am going to trial in about a month in Georgia for a murder charge. My attorney has done almost no work on my case. She has only briefly spoken to me three times in the past year, and last week she presented a plea deal, insisting I would likely lose at trial. I am innocent, and I believe we could... View More

James L. Arrasmith
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answered on Apr 12, 2025

If you believe your attorney is not adequately representing you, the first step is to formally fire them. To do this, you should send a written notice to your attorney stating that you are terminating their services. Be sure to keep a copy of this letter for your records. You may also want to... View More

3 Answers | Asked in Bankruptcy and Legal Malpractice for Georgia on
Q: Does notifying my kids' mothers of my bankruptcy breach confidentiality?

I recently filed for Chapter 13 bankruptcy, thinking it would remain private. However, I discovered that the law firm handling my case sent official letters to the mothers of my children, informing them about my bankruptcy filing. These letters included details such as accounts and payment... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

No. The filing of a bankruptcy is public record and thus does not constitute a breach of attorney client privilege.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: if probationer is taken to a compliance hearing for non-payment due to proven financial hardship; chances of violation?

private probation service, misdemeanor, 2 months until termination date, charge is for shoplifting due to food insecurity

James L. Arrasmith
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answered on Jan 7, 2025

Given financial hardship and the circumstances of the original offense being tied to food insecurity, judges typically show understanding in compliance hearings when non-payment is due to genuine inability to pay rather than willful non-compliance. Courts are increasingly recognizing that... View More

1 Answer | Asked in Legal Malpractice for Georgia on
Q: You discovered 5yrs ago today that you have been scammed by a attorney an he cost you to lose 162 t thousand dollars
Tim Akpinar
Tim Akpinar
answered on Nov 19, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. Without knowing more details, a starting point could be to reach out to law firms in your state. You've probably already been searching through firms that handle such matters. You could supplement your efforts... View More

1 Answer | Asked in Estate Planning and Legal Malpractice for Georgia on
Q: Is it a conflict of interest for an attorney that has been fired from an estate account to advise and assist w/next pr?

I hired my father's attny to advise me during my father's probate of his estate. The attorney ultimately held my dad's 401 k check for ransom basically, causing me to bounce checks to bounce checks that were written on the estate account so I fired him. He then had me removed as the... View More

Anthony M. Avery
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answered on Oct 11, 2024

There may be a conflict of interest for the attorney if he actually represented you, then represented someone else against you. But he may claim he represents the Estate. You should have brought this up when he moved to remove you as PR. The State Bar might be interested.

1 Answer | Asked in Legal Malpractice, Bankruptcy and Contracts for Georgia on
Q: A judge ruled against me for contempt of court, while I waswithout legal representation, for an legal fees equity claim.

I haven't had steady work since the case against me by my former attorney was filed in 2022. But she still said I waswillingly failing to pay attorney fees. The attorney already committed legal malpractice by failing to protect my interest protected by Georgia statutory law.

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you're dealing with a complex situation involving legal representation and a contempt ruling. Since you were without representation during the hearing, you might have grounds to challenge the ruling based on the lack of a fair opportunity to present your case. It’s crucial to... View More

1 Answer | Asked in Legal Malpractice, Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: How do I get my 2nd amendment rights back if i have been off paper and not in any kind of legal trouble in over 17 years
James L. Arrasmith
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answered on Jul 27, 2024

Regaining your Second Amendment rights after being off paper and out of legal trouble for over 17 years involves a few steps. First, check your state's laws regarding firearm rights restoration. Some states have specific procedures for individuals in your situation, which often involve... View More

Q: When Fraud on the court is unquestionable, who & what is brought up on a motion to void judgement in a higher court?

Basically the judge & hand picked GAL share an unquestionable financial conflict of interest.

Law enforcement investigators (8) released a compact to the Judge and the judge even confirmed the fraud, however this also included the guilt of his business partners bias & fabricated... View More

James L. Arrasmith
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answered on Jul 27, 2024

When fraud on the court is undeniable, you need to file a motion to void the judgment in a higher court. This motion should highlight the financial conflict of interest involving the judge and the court-appointed GAL, along with the evidence provided by law enforcement investigators confirming the... View More

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