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Missouri Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice and Gov & Administrative Law for Missouri on
Q: Where can I go to get help from the state with a city prosecutor who is harassing us legally.

He is good friends with the lawyer of our neighbor who he has hauling us into municipal court almost on a monthly basis.

T. Augustus Claus
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answered on Sep 6, 2023

If you believe you are being harassed or treated unfairly by a city prosecutor who appears to have a bias in favor of your neighbor, it's crucial to document your interactions, consult with an attorney who specializes in municipal law or criminal defense, and consider reporting any unethical... View More

1 Answer | Asked in Civil Litigation and Legal Malpractice for Missouri on
Q: What are the first steps in filing a Legal Malpractice suit when a law firm doesn't want to sue another attorney

My 6th and 14th amendments were violated and I was not allowed a preliminary, expulstionary or due process. Lawyers lack of communication, overcharged me and would NOT let me go to trial when I told him several times I wanted one and the prosecutor and my lawyer kept continuing a case w/o new... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 12, 2024

Your first step would be to discuss case with Malpractice attorneys. Please note that there are many requirements and practice cases that will determine whether your case is viable or not.

2 Answers | Asked in Libel & Slander, Gov & Administrative Law and Legal Malpractice for Missouri on
Q: Suing the court for defamation but trial still ongoing. Been 3years. Too late? Wanted to wait til after trial
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 22, 2022

Judicial immunity will likely preclude such a case by you.

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1 Answer | Asked in Legal Malpractice for Missouri on
Q: Attorney dropped me without valid cause. I cannot find another atty. Does the firm have responsibility to represent me?

My attorney has put my current legal case in jeopardy. I cannot find other representation nor do I have the money to start over. This attorney exhibited lack of knowledge of my case, he miscommunicated terms, and was not transparent in relaying settlement terms. He pushed the agenda of opposing... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 6, 2021

If a lawsuit has been filed then the attorney needs to file a motion to withdraw and the court must grant the motion before the attorney is off the case. You may oppose the motion to withdraw; however, given your dissatisfaction with the attorney I don’t believe you’ll be satisfied with... View More

1 Answer | Asked in Banking and Legal Malpractice for Missouri on
Q: Can your wages be garnished without going to court?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 30, 2021

Generally, no, but I'm not sure if you are seeking to collect money owed or if a private party or the government is garnishing your wages.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Missouri on
Q: How long does a judgement for medical bills remain in missouri

I found out there is a judgement against me for medical bills my spouse incurred PRIOR to our marriage. The judgement is 9 years 8 months old and it is preventing g me from buying a house. Help!!!

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 5, 2019

Read the article I published about getting default judgments set aside. It might apply to your situation, depending on whether you were properly served.

It sounds like the judgment might expire this year....
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1 Answer | Asked in Legal Malpractice, Criminal Law and Civil Rights for Missouri on
Q: About how long does the state have to complete the entire court process legally?

Been Waiting 6 months for the prosecution to provide the test results proving possession of an illegal substance. Still no word and waiting 6 months for new judge to replace the old one

Andrea Rogers
Andrea Rogers
answered on May 1, 2019

The Prosecutor has up to 1 year from the date of the incident to file charges, if it's a misdemeanor such as marijuana possession. It can take several months to receive the lab test results confirming the identification of the illegal substance.

1 Answer | Asked in Constitutional Law and Legal Malpractice for Missouri on
Q: Hello, I am wanting to host a boxing event at my house and charge for admission, how can I do this and have it be legal?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 14, 2019

Bad idea on many grounds. First, I doubt the match would be commissioned through the state. Second, you would incur liability risks. Third, it might be unlawful under your city's laws. Fourth, it might violate your HOA declaration or rules and regulations, if applicable.

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Legal Malpractice for Missouri on
Q: can an extended stay hotel refuse to continue to rent due to rumors?

I was put on an extended stay hotel DNR list due to rumors and nothing else. I rented the room for a week and did put another guest on my room she is an adult, I have no control over her. I did nothing wrong never had the police there, did not bother anyone. I was always in my room. Was told that... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 26, 2019

A hotel may not discriminate against you on account of race, religion, national origin, etc., but may discriminate against you on account of merely not liking you or mistakenly believing you are selling drugs.

1 Answer | Asked in Bankruptcy and Legal Malpractice for Missouri on
Q: Can a lawyer keep the money we paid him for bankruptcy, even tho we decided not to file? He's been paid for a year.

We pay the lawyer for bankruptcy. After we paid him, we had a couple of deaths and illness in the family. We have decided not to file bankruptcy now, and he won't return our money. It's been about a year that he's had the money. Can he keep the whole amount?

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

He can keep the portion he earned prior to your advising him you were not filing. The rest must be returned.

1 Answer | Asked in Civil Litigation, Family Law and Legal Malpractice for Missouri on
Q: Is a judge allowed to give my personal property,my place of business plus equipment,files,etc that I had 20 yrs before

Am I allowed to have time to get counsel if my lawyer quit, isn't debt supposed to be split, I'm filing for a appeal because I don't think the judge was not only fair but I don't see how his decision is legal

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 6, 2018

I don't understand your question. Give your property to whom? What decision?

You are certainly allowed to retain new counsel, but the judge is not required to put the case on hold to allow time for you to retain new counsel. Most will give a reasonable time period, however. Your...
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1 Answer | Asked in Criminal Law, Divorce, Family Law, Child Custody and Legal Malpractice for Missouri on
Q: Did the lawyer commit forgery with my signature or not?

I am Pro Se but not by choice.

Is a "Temporary Order" and a " Stipulated Order" the same thing? I had prematurely signed the stipulated paper while we were making corrections while waiting to see the judge at the Temporary custody hearing that my husband never showed up... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 4, 2018

A Stipulated Order means an order that the parties stipulate or agree to. A Temporary Order is not a final order.

No one should make an unauthorized signature.

1 Answer | Asked in Legal Malpractice for Missouri on
Q: I initiated a case to re-establish visitation with my grandson. My lawyer filed this in civil court.

She knew at the time that his divorced parents had already dealt with a custody dispute in family court. The father's lawyer insisted that the law requires this to be dealt with in family court and my lawyer agreed with him to move it.

Was it a legal error on her part to file in the... View More

Lydia Seifner
Lydia Seifner
answered on Feb 6, 2018

Lawyers are not supposed to charge for fixing their mistakes. You may want to consult to someone who handles malpractice cases, instead of those who handle family law. But, first talk to your attorney and see if she will negotiate on the bill.

1 Answer | Asked in Legal Malpractice for Missouri on
Q: I am involved in a lawsuit and I sent my attorney via email my checking account information and social security number.

I am involved in a lawsuit and I sent via email to my attorney my checking account information and social security number. I thought it was confidential. He sent it to the apposing party and I was not aware of it, nor did he have my permission. I thought emails and personal information were... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 12, 2015

It appears that you were informed that he had disclosed the information. Normally, discovery responses are signed by the party (you), as well as the party's attorney. Were you not asked to sign the discovery responses?

How have you been damaged by this?

1 Answer | Asked in Legal Malpractice for Missouri on
Q: I had a discrimination wrongful termination case that my lawyer prematurely dismissed. is this a good legal malpractice

I had a discrimination and wrongful termination case. The judge first granted the other party summary judgment but the order wasn't final. my attorney dismissed the case so he can file an appeal before we had the settlement conference. at the conference the judge said that he made an error in... View More

Andrew Hahn
Andrew Hahn
answered on Oct 8, 2015

This is certainly a difficult situation, but any attorney would need to read the pleadings before being able to give an answer about the merits of this case. It sounds like there may be something worth looking into deeper, but you need to speak with a legal malpractice attorney in person.... View More

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