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New Jersey Legal Malpractice Questions & Answers
2 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for New Jersey on
Q: Can a member of a NJ LLC without an operating agreement authorize the sale of real estate without consent ?

A member (35%) ownership wanted to sell an income producing property. The member gave power of atty to their son who put the property on the market with a licensed real estate agent. The other members each owning 34.5 % each (65% total) were opposed. There wan never a meeting in person or over... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 9, 2020

Without a court order if the other parties disagree this would be improper. The other 2 members should definitely get a lawyer to protect their rights.

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1 Answer | Asked in Legal Malpractice, Consumer Law, Employment Law and Immigration Law for New Jersey on
Q: Can I sue my lawyers for legal malpractice? They did not file my petition with the USCIS on time.

I had an L visa. The lawyers hired by my spouse’s company were supposed to file an extension petition with the USCIS for me since we were to return home 2 weeks after my I-94 expiration. However, they did not file the petition properly. Therefore, the USCIS sent a Notice of Deficiency to them,... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

It would be worth your while to at least register a bar complaint against any attorney you feel acted in bad faith. As far as a lawsuit, your best bet would be to consult with an attorney regarding the facts in the case to get an idea if that would be effective.

1 Answer | Asked in Family Law and Legal Malpractice for New Jersey on
Q: My attorney created a fictitious document to replace one on file and then submitted without client knowledge or consent.

My attorney created a new fictitious QDRO and submitted it to the opposing party and State for approval without the consent or knowledge of the client. I had already provided them with an approved copy - post-judgement. It is further complicated because my ex liquefied her pension post-judgement... Read more »

Richard Diamond
Richard Diamond answered on May 26, 2020

Short answer is that you need to sit down with a family law specialist to review the various documents involved to figure out what action needs to take place to sort out this mess and then, based on the advice given, you can figure out if your ex improperly liquidated the marital portion of her... Read more »

2 Answers | Asked in Family Law, Business Law and Legal Malpractice for New Jersey on
Q: . How can I create a legal binding promissory note?

My friend sold her business to me but it’s still in her name. I can’t change my name because of other reason but Tax responsibility 100% is mine, but I want to have a legal binding document that can create a bond of trust between us. I want to write a kind of promissory note show that if IRS... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2020

The issues presented are as follows:

1. protecting your friend from the IRS in the event of a triggering event for liability,

2. give your friend confidence that she is properly protected from liability AND

3. guarantee that its your business and that if its successful,...
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1 Answer | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for New Jersey on
Q: I need to find a medical practice lawyer my free consultations and a good lawyer

11 years in surgery surgon messed up on my stomach

Tim Akpinar
Tim Akpinar answered on Feb 29, 2020

You should be able to arrange that. Medical malpractice lawyers typically provide free initial consults. You could look for lawyers on this site (Find-a-Lawyer), or conduct your own independent searches. Good luck

Tim Akpinar

3 Answers | Asked in Legal Malpractice for New Jersey on
Q: How long should it take for a lawyer to respond to his clients questions and inquires?

My lawyer NEVER returns voice mail or my written letter(s). What should I do?

Tim Akpinar
Tim Akpinar answered on Dec 28, 2019

Within a reasonable time. It doesn't necessarily mean an instantaneous response - an attorney could be in court or deposition when a voice-mail arrives. But within the same day is considered reasonable by many to return calls. If someone is very busy or has pressing circumstances, the... Read more »

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1 Answer | Asked in Legal Malpractice and Medical Malpractice for New Jersey on
Q: My wife recently had an abortion but it was not completely done correct left over tissues were left is the malpractice?
Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

Depends on what happened, the fallout. Short answer: not necessarily. Suggest you contact a member of the NJ Assn for Justice who handles medical cases--they give free consults.

2 Answers | Asked in Legal Malpractice for New Jersey on
Q: I need a legal malpractice attorney but everyone I contact is retisen to help. Are there lawyers who are willing.

I fear I am being lied to and taken advantage of. I need a firm who can take me on contingency considering the current attorneys are draining us.

Jubilo Lopes Afonso
Jubilo Lopes Afonso answered on Oct 16, 2018

Im sure there are lawyers that are willing to help you but that depends on if you have a viable claim. And unfortunately you did not provide us with much information to go on. Please advise on what the underlying claim is regarding and why you believe the attorney committed malpractice.

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2 Answers | Asked in Legal Malpractice for New Jersey on
Q: My lawyer misrepresented his abilities to handle family law. I am financially struggling and cant get a new one. Help.

For every question, email or text I am billed. When I preformed his paralegal work in preparing my own case, I was charged for him reviewing common case law. I can't afford a new large retainer and his mistakes and lack of knowledge are costing me.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 4, 2018

Unfortunately this is how many cheaper lawyers charge and make up the price difference between them and the more expensive lawyer. A more expensive lawyer generally knows the law so they don't charge you for it, it would be embarrassing to say the least. As for the other charges that is... Read more »

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1 Answer | Asked in Banking, Business Formation, Business Law and Legal Malpractice for New Jersey on
Q: How long can a company get to avoid been called a bank legally?

Can a company sell virtual points that people can buy and use to buy stuff from stores that agree to cash in those points for money at the end of every month from the company?

How CLOSE can a company get to avoid been called a bank legally?

Paul J. Riviere
Paul J. Riviere answered on Jun 30, 2017

Your able to loan money within certain interest rate limits but cannot maintain money accounts or participate in issuing credit cards or anything offered by Federal Reserve. But this a very tricky area that needs lots of research as failure to follow state guidelines can lead to imprisonment. You... Read more »

1 Answer | Asked in Legal Malpractice for New Jersey on
Q: Does the lawyers. Insurance policy cover thrid-party legal malpractice claims for refusal to accept service for clients?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 2, 2017

An attorney does not have to accept service for any client. I certainly never would. It is NOT malpractice. It is basic common sense.

1 Answer | Asked in Child Custody, Divorce and Legal Malpractice for New Jersey on
Q: Must a court ordered divorce decree contain a legal custody clause for a child, with residential custody cited?

Please cite precedent.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 14, 2016

No attorney on this forum is going to perform free legal research for you. A Court Order for clarity and to avoid problems, should state who is the primary residential custodial parent. For anything more, you will need to retain counsel or at least have an in person consultation. Good luck.

1 Answer | Asked in Legal Malpractice for New Jersey on
Q: How do I file a complaint against my real estate attorney?
Adam Studnicki
Adam Studnicki answered on Nov 14, 2015

Lawsuit or bar complaint? A local lawyer can assist.

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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