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Iowa Legal Malpractice Questions & Answers
1 Answer | Asked in Immigration Law and Legal Malpractice for Iowa on
Q: If I was misinformed regarding my case from my previous lawyer is it possible to submit a new petition?

We had submitted a petition for adjustment of status through my adult child. During the processes I was approved for a work authorization card, but when it came to apply to renew my lawyer had said I could not do that until we heard the result of the interview with the DHS, and so it appears that... View More

James L. Arrasmith
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answered on Mar 5, 2024

From what you said, it seems that you may have received inadequate or incomplete guidance from your previous lawyer. In such situations, it is possible to seek a second opinion from another immigration attorney and explore your options for submitting a new petition or rectifying the issues with... View More

1 Answer | Asked in Family Law, Juvenile Law and Legal Malpractice for Iowa on
Q: How do I find a lawyer pro bono that will fight against dhs for my family and reunification. The laws are being broken!!

My boys were wrongfully removed... We got evicted and they were removed 2 months later! In November it will be a year this case open and we have tried to fight them and show them the proof that placement is lying and abusing our children! My babies want to come home.. my husband has done... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

Most pro bono legal services are provided through local legal aid clinics. These clinics have the training and resources to screen potential clients for indigency and to complete the necessary paperwork for those clients to proceed in court in forms pauperis. Many legal aid clinics handle cases... View More

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Car Accidents and Legal Malpractice for Iowa on
Q: Definition of/penalties for lawyer perjury when sworn in as a witness in IA.
Tim Akpinar
Tim Akpinar
answered on Oct 9, 2021

An Iowa attorney could answer best, but your question remains open for two weeks. If this involves motor vehicle accident litigation, your selection of categories makes sense. However, this could also be something that an attorney who deals with criminal law/professional conduct matters could have... View More

1 Answer | Asked in Legal Malpractice for Iowa on
Q: I hired a lawyer to file an appeal for unemployment for me. I was told 1week from when I hired him thathis dictation

Did not go through do to a system update internally that he knew was happening. Now we missed the appeal date and I am stuck not able to legally and rightfully fight my case. The firm is offering me $600 and a oops. But I have now been out of work for 6weeks and am broke. I am certain if appealed I... View More

Erik Luthens
Erik Luthens
answered on Sep 5, 2019

The issues are: (1) whether you would have been successful on appeal had your attorney timely performed his duties; and if so, (2) the amount of unemployment insurance benefits you reasonably would have received. If you sue your former attorney for legal malpractice, you would need to retain an... View More

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Legal Malpractice and Social Security for Iowa on
Q: I filed a SSD claim. Hired a Lawyer. Lawyer did not get medical records in time. Evidence was not allowed into hearing.

2 years of medical records not admitted due to my Lawyer did not get records into evidence.

4 different chronic, progressive, and eventually fatal all because my lawyer missed the timely

submission of these records. Administrative Law Judge angerly told me and especially my Lawyer... View More

Erik Luthens
Erik Luthens
answered on Jun 21, 2018

In any legal malpractice case the primary issues are: (1) whether your attorney breached the standard of care or in other words, did something (or failed to do something) that an attorney in a similar situation would have done; and (2) whether your attorney’s error is a proximate cause of your... View More

1 Answer | Asked in Estate Planning, Family Law and Legal Malpractice for Iowa on
Q: Q: Both my aunt and only cousin passed away, cousin in 2005, aunt in 2006. I am the only living relative and in wills.

The estates were probated and settled. Years later a number of trust accounts have appeared as Iowa unclaimed property. The accounts have been mostly depleted with some positive balance.

Q 1. Who is responsible for the error?

Q2. If the accounts were valued more at the death of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 19, 2017

If there were a TRUST at the time of passing, the successor Trustee should have managed this -- it would NOT have gone through or been the responsibility of the Estate representatives.

This highlights the importance of people keeping their records in order to insure their heirs will know...
View More

1 Answer | Asked in Consumer Law, Real Estate Law, Contracts and Legal Malpractice for Iowa on
Q: I was not given any advance notification that my attorney was leaving the law firm, is this acceptable?

I retained an attorney in Iowa (I live in Montana) to represent me in a real estate matter concerning property in Iowa, in March 2016. I have sent a $12,500 retainer, and about half of it has been spent. Today I was informed the the attorney has left that firm and another attorney is picking up... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

You should have been told in advance, but if there was an emergency--illness etc--then advance notice need not be sent.

As they have your file assuming things are moving along, you need to speak with them find out what their background is what their plans are etc.

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