Get free answers to your Legal Malpractice legal questions from lawyers in your area.
My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More
answered on Nov 5, 2024
Sorry to hear what you're going through. Although New York does not recognize a cause of action for "wrongful life", it does recognize one for "wrongful birth". In a wrongful birth action, the parents would claim damages for the extraordinary costs of raising a child with... View More
My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More
answered on Nov 1, 2024
I'm sorry for your ordeal. The most reliable way to answer your question would be to reach out to law firms to discuss in further detail. There are a number of issues and entities to sort out here, and it isn't fully clear who you deem to be the liable party (or parties?). It would depend... View More
Lawyers have court clerk ,mailroom judges secretary ,records helping them file fake decisions .motions 2,3and were not filed in Superior court Newark by thr court clerk
answered on Sep 30, 2024
I'm sorry for your ordeal with the courts. If you are indigent and need legal assistance, there are a number of options. Legal aid and pro bono attorneys might be able to help, depending on the nature of the matter. If there are criminal aspects to the matter, a public defender might be able... View More
Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More
answered on Mar 27, 2024
If the attorney held the funds in escrow, that interest doesn't usually go to the attorney or client. Law firms generally use IOLA accounts, where the interest would go to an IOLA Fund, used for public legal programs. Good luck
Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More
answered on Mar 27, 2024
Yes attorneys need to provide their clients a disbursal statement.
The settlement can take time to disburse once payment is received. For example to negotiate medical liens and no interest would be paid to the client. Otherwise, disbursal should occur immediately.
The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and... View More
answered on Mar 13, 2024
In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed... View More
A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.
A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More
answered on Feb 9, 2024
So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More
answered on Nov 6, 2024
You’re in luck, the world is full of them. You can do a Google search or contact your local bar association.
I got a protection from abuse against the plaintiff previously. His harrassing and threating nature continued during child exchange so I had to call the police. His lawyer openly admitted that she went to the police and told them not to take my calls seriously. The lawyer and the plaintiff are... View More
answered on Jul 27, 2024
You can take several steps to address this situation. First, document everything meticulously, including the lawyer's admission and any incidents of harassment or threats during child exchanges. This documentation will be crucial for any legal proceedings.
Next, consider filing a... View More
Relative is now deceased and the Buyer added a rider to sell co-op. Estate has property. The contract has no end date. Estate being sued for specific performance. Buyer still has not sold co-op and has no sign of funding. Buyer is still negotiating sales price 2 yeas later. Can we file a motion to... View More
answered on May 1, 2024
When considering the ethics of Supreme Court justices participating in the Federalist Society or any similar organization, it's essential to weigh the principles of judicial independence and impartiality against the benefits of intellectual engagement and education that such memberships might... View More
answered on Feb 8, 2024
Attorneys might not be the most knowledgeable in this area. Medical professionals, such as dermatologists, would probably know more about this. Good luck
Is that a conflict of interest? The initial firm I hired on 8-15-19, (with a retainer), emails me saying he doesn't know me, and would never sue the defense, although I have phone records, emails, etc.
answered on Nov 3, 2023
Your attorney is being sued by whom, by you or by someone else? If someone else, then there's arguably no conflict. There are many firms that represents doctors and hospitals in medical malpractice lawsuits and attorneys in legal malpractice lawsuits. As long as the two lawsuits do not... View More
Judge, Court Clerk and Attorneys/Landlords NYS
answered on Oct 11, 2023
You can try reporting the matter to the Office of the Attorney General, https://ag.ny.gov/i-want/use-whistleblower-portal Keep in mind that if your complaint arises out of litigation or a proceeding to which you are a party, it's unlikely that the AG's office will take any action.
My soon to be husband has been almost a year awaiting outcome of a federal arrest that I have found out more about online than he has from his public defender. When asked to meet with him she has still a year later never met him in person. She has filed notices and discussed pleas without his... View More
answered on Sep 19, 2023
One may complain to either or both the Federal Defender's Office of NYS and the presiding judge in the case, but had better have all the details correct and back up the allegations.
I fired my attorney in a malpractice case 3 months later We were at a settlement conference and he signed legal documents Is settlement valid I was forced to sign by my attorney and judge even though I did not want to
answered on Sep 19, 2023
Your facts do not ring true or correctly and are contrary to established requirements of an on record settlement. I suggest you take your matter up with your attorney to obtain a clear understanding of what happened.
I was charged for the outside lawyer to represent me at the closing.
answered on Aug 31, 2023
If your lawyer hired another lawyer to represent you at a real estate closing without your permission and you were charged for their services, it's important to consider the legality and appropriateness of this situation. In many cases, lawyers are expected to obtain their clients'... View More
answered on Jul 7, 2023
You can certainly have an attorney-client relationship without a written retainer agreement. The better practice, however, is to have a written retainer agreement which sets forth the duties and responsibilities of both the attorney and the client. That said, if you are unhappy with your current... View More
I got arrested for having a taser in my purse during a car searched. It was $12 and ordered online from china. It made its way through customs to my front door. I had to pay a lawyer since I couldn’t get a public defender cause I was under 21 at the time and they made my mom pay. I also had to... View More
answered on Apr 27, 2023
Even assuming it's now legal to carry a taser in NY (which I could not confirm), since it was not legal at the time you committed the (former) "crime," you cannot be compensated now, unfortunately.
If it is kept secret from the public, is it so all over New York? Thank you.
answered on Mar 19, 2023
Access to court records and proceedings is often subject to specific state laws and regulations. Some states may require disclosure of GALs' roster lists to the public, while others may not.
To find information specific to your location and circumstances, I suggest consulting a... View More
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