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Kentucky Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for Kentucky on
Q: lawyer wrote will for grandparent and made major mistakes which cost me my whole inheritence can they be sued

My grandfather passed away and had a last will and testament made. I was in this will and was to get land and money to build a home. but because of the major mess ups that the attorney made on the will that had many errors even the probate attorney themselves could see I was not able to get what... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 26, 2024

More facts are needed to determine if the attorney breached the standard of care and if the causation requirement is met. The initial question is what are “major mess ups that the attorney made on the will that had many errors.”

2 Answers | Asked in Estate Planning and Legal Malpractice for Kentucky on
Q: Can attorney executor that prepared and witnessed a will claim privilege when a beneficiary questions his due diligence?

The executor is an attorney who also prepared and witnessed her will. It states "to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple." where I have lived and made mortgage payments for 20 years. He nullified this... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

If a lawsuit was filed and the attorney was deposed or was to testify, it is not likely that the privilege objection would be upheld.

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2 Answers | Asked in Estate Planning, Real Estate Law and Legal Malpractice for Kentucky on
Q: Should an attorney preparing a will inform client survivorship clause in deed will nullify last wishes to give property?

My mother’s will states to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple. In spite of this, and instead of following her last wishes to add me as part owner, The executor, an attorney, told me that because he prepared... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2024

While this would be best answered by an Estate Planning Attorney in the State where this occurred, it does appear to be malpractice.

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1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Kentucky on
Q: Can an attorney make a deal with the opposing attorney not to present a key piece of evidence in court?

My ex withheld disclosure of real estate even though my original attorney had sent interrogatories to him. He did not answer them and my attorney took me to mediation without pressing for full disclosure. I was unaware that full disclosure had not been given. When I discovered the error and... View More

Timothy Denison
Timothy Denison
answered on Aug 8, 2023

No. What you describe above sounds like malpractice.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Kentucky on
Q: Preliminary hearing court appointed attorney not there. Not allowed to discuss case with the fill in attorney. Illegal?

The court appointed attorney for defendant was not present during the felony preliminary hearing. Due to death of mother apparently. Another attorney was sent from same district. Defendant was not allowed to speak with attorney who was present prior to or after proceedings. Original court appointed... View More

Timothy Denison
Timothy Denison
answered on Jun 18, 2023

It is not illegal although it may be ineffective assistance of counsel. Ask your attorney to meet, get all the details and then make a motion to have another preliminary/probable cause hearing before the grand jury indicts.

3 Answers | Asked in Legal Malpractice, Personal Injury and Civil Litigation for Kentucky on
Q: Is it legal to put my assets in my girlfriends name if I anticipate being sued in the future?

This would include my biweekly paychecks, current bank account, car insurance, and vehicle. I have not been sued yet, but anticipate it happening in the next 3 years. Would it be legal for me to transfer all these assets, to get them out of my name, prior to any lawsuit being filed?

Brent Cox
Brent Cox
answered on Jun 2, 2023

This sounds like fraudulent conveyances. I believe you can be sued for doing this with the knowledge that you are likely to be sued. I would consult an attorney who can analyze all the facts of your particular situation.

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Kentucky on
Q: In Kentucky, is there a law suit for failure to indict, when after 60 days, you're not indicted & left sitting in jail??
Timothy Denison
Timothy Denison
answered on Nov 1, 2022

No. On the 61st day, your lawyer should be moving for your release from custody.

1 Answer | Asked in Contracts, Personal Injury, Constitutional Law and Legal Malpractice for Kentucky on
Q: Can I sue a lawyer for unprofessional conduct hand write contract I can't read an failing to sign into my case

Can I sue this local lawyer for unprofessional conduct he provided a note pad paper scribble on it call it a contract took 1400 dollars for my injury case promised he move it did not an did not even announce are sign into my case showing he was my lawyer at all an I the client had to catch the... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2021

You need to have an independent attorney review your case and determine how to proceed. Whether you can sue the first lawyer will depend largely on whether you have actual damages from his handling of your case.

1 Answer | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: Why wasn't the issue of EED not pursued on appeal? No more ineffective can an atty. be than ignore the compelling plea.

Nunn was a slam dunk EED. Scoville squandered all Nunns and his assets and suicide by eating a bullet because of his poor representation of Nunn et al was coming back on appeals and was his only out. Now Nunn has done

@ enough time for an EED and at 70 his heart condition will just about... View More

Timothy Denison
Timothy Denison
answered on Jul 8, 2021

What is your question?

2 Answers | Asked in Contracts, Criminal Law and Legal Malpractice for Kentucky on
Q: I had a lease agreement for a storage unit that I had payed forward 2 months ahead. The owner of the unit broke into it

And got rid of it all. I had over $75,000 worth of everything I owned and bought over the past 23 years. I was not notified what so ever, I found out a week later when I drove there to get a few things out I needed and nothing was there anymore.. What can I do about it because that building was... View More

Timothy Denison
Timothy Denison
answered on Dec 18, 2020

Hire a lawyer and sue the storage owner for theft, fraud, conversion, etc.

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1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Do ethical rules allow a lawyer to represent client in the court with the judge for whom he personally worked like staff

My ex-husband Lawyer worked for our current judge like staff attorney. What do ethical rules say? Because when a lawyer works for a judge like stuff attorney they develop a personal relationship and in such a situation the judge cannot be impartial. And I have some doubts about the impartiality... View More

Timothy Denison
Timothy Denison
answered on Aug 26, 2020

There is not necessarily a direct conflict requiring the lawyer to withdraw or the judge to recuse. There may be the appearance of impropriety, but unless the lawyer gained knowledge about you or your case while working for the judge, neither will be required to withdraw.

1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Hello how do I get a second opinion on my legal cases? Or make sure my attorney is doing right by me ?

I have a medical malpractice case where the doctor already admitted he screwed up and I also have a civil rights, prosecutorial misconduct and stuff case. I am "known" locally and have not been treated well because my ex from 20 years ago has talked so horribly about me that every... View More

Timothy Denison
Timothy Denison
answered on May 8, 2020

Find an attorney you trust and take a copy of your case to him for his opinion.

1 Answer | Asked in Divorce, Estate Planning and Legal Malpractice for Kentucky on
Q: Ex wanting me to give up on legality of home (both names) and I refuse. Can I fight?

2007, lost his job for failing a drug test. Had a few temp jobs for a few days, decided I could carry it all. I worked 2 jobs, paid everything until I got scared and left in 2012. He applied for disability. Got 20 grand lump and lost his mind. Taking my things, being verbally and emotionally... View More

Timothy Denison
Timothy Denison
answered on Jan 6, 2020

Absolutely you can fight. If it was acquired during the marriage, it is half yours regardless of who’s name it is in.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Legal Malpractice for Kentucky on
Q: The attorney and court orders are full of provably false statements and done by the attorney to defraud me out of rights

they have filed fraudulent documents with lies and n devoid of all necessary documents to set support and have extorted me out of over 1,000 of my personal Social Security and Have madenumerous perjured statement to deny me my right

Timothy Denison
Timothy Denison
answered on Mar 10, 2019

You need to hire your own attorney immediately.

2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: My publoc defender made me pead guilty to DUI at my jurytrail because I showed up late said I'd do 90 days no bond

I have narcolepsy and it makes me drowsy when I drive I was having a attack when officer arrested me can I have case reheard?

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2018

I would think you will have a tough time getting that reheard but it will be up to the judge. I practice in front of judges who are good about putting everything on the record to make sure the plea of guilty is entered freely and voluntarily and without coercion but the decision will be up to the... View More

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1 Answer | Asked in Legal Malpractice and Criminal Law for Kentucky on
Q: If I found out a search warrant was never legally filed or returned with proof from the court, what should I do next?
Timothy Denison
Timothy Denison
answered on Apr 28, 2018

You should determine where it went and where it is now. You may possibly have a 1983 civil rights action for a warrantless search and seizure.

1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Can a attorney take a case for a client that's a witness against another client he's already representing?

if your attorney that's representing you for 10 months already take a case for a client that he knows is a witness against you in a criminal case refuse to take your case to trial because of conflict of interest with new client. Attorney tells you that you have to hire new attorney.

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

Sounds unusual. Check with a local ethics or malpractice 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 is impossible to...
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1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Can my attorney take a case for a client that is a witness against me in a criminal case?

My attorney took a case for a client that he knew was a witness against me in a criminal case. I was the client first and have paid attorney fees for my case and now my attorney tells me he can't try my case cause he can't put his new client on trial cause he's now a client and told... View More

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

Sounds unusual. Check with a local ethics 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 is impossible to evaluate a...
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1 Answer | Asked in Legal Malpractice for Kentucky on
Q: Can a Kentucky lawyer file a malpractice suit against an Ohio Dr, patient lives in Kentucky
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

As a general rule, suit needs to be filed in the state where the events took place or where the defendant lives and if your attorney is not licensed in that state your attorney will need to associate local counsel.

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