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New York Legal Malpractice Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for New York on
Q: Can a lawyer represent employer in two separate cases from same individual while one is under investigation is it legal

It's a open case for division of human rights/eeoc charge and a seperate unemployment hearing where same lawyer during ui hearing asked about reasonable accommodation and other questions pertaining to opposite case

Jacob David Verchereau
Jacob David Verchereau answered on Jul 15, 2020

The question you are asking is whether it is a conflict of interest for the Employer's attorney to represent the Employer in two separate proceedings, both of which involve the same Employee. This is relatively common in my experience. Without more, it would seem to me that this would not be a... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: Can you get in legal trouble for signing someone up for a church with their email and phone number?

The context is that they are angry.

Tim Akpinar
Tim Akpinar answered on May 26, 2020

It all depends on circumstances, context, and how the other person reacts to it - whether it was done in a way that the person would have appreciated and wanted, or whether the person would have been upset by the use of their personal information. It's difficult to answer because it's... Read more »

2 Answers | Asked in Education Law, Legal Malpractice and Small Claims for New York on
Q: Can I get a lawyer for an overlooked application to a degree program in college?

I applied for a nursing program at a local community college within the deadline period. I’ve been waiting for an acceptance letter, which was to be sent out the 3rd week of April. It turns out my application was never put in the system and I was completely overlooked, while my grades are higher... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 23, 2020

No. You were not discriminated against. You were just a victim of bureaucratic error. You have no contract with them just by applying. I see no case.

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: Can I sue my building management for poor back of building care.

May sound a bit mad but im not looking to cash out here. I just want our building management to be more competent in making sure tenants do not throw garbage out the their window. There is tampons, menstrual pads, shampoo bottles, dog feces and other unsanitary things that probably shouldn't... Read more »

Elaine Shay
Elaine Shay answered on Apr 20, 2020

If you have already notified the building managment and not received a satisfactory response, it may be time to seek an inspection by the City of the conditions. You can call 311 to request an inspection for possible violations.

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1 Answer | Asked in Legal Malpractice for New York on
Q: Provide a scenario of legal negligence and explain which elements of negligence are factors in the scenario.
Tim Akpinar
Tim Akpinar answered on Apr 9, 2020

Negligence is a fundamental legal concept. It arises when the plaintiff can demonstrate that a defendant breached a duty of care that was owed to another party. In terms of scenario, you see the concept arise commonly in motor vehicle accidents. Good luck

Tim Akpinar

2 Answers | Asked in Civil Rights and Legal Malpractice for New York on
Q: Provide a scenario of legal negligence and explain which elements of negligence are factors in the scenario.
James Avery
James Avery answered on Apr 2, 2020

The most common scenario of negligence (lack of due care judged by professional standards) is failing to diligently pursue legal matters, including failure to file timely lawsuits. Many lawyers do not use modern software for tracking cases, etc. The damage which occurs is the value of the matter... Read more »

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1 Answer | Asked in Legal Malpractice for New York on
Q: Can my lawyer sell my personal information?

I USPS mailed a signed, notarized quitclaim deed to my lawyer this past Sunday. Today, Wednesday, three days later, my husband received a text message from an unfamiliar local phone number addressed to my name asking to speak to me about selling the property related to the quitclaim deed. The... Read more »

James Avery
James Avery answered on Apr 2, 2020

To sue, you need to have suffered an injury. NYS or Local Bar Assn can investigate possible breach of client confidentiality.

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for New York on
Q: Is it legal for employers to find a way to kick out their employees or push them out so that they can leave ???-help

Need info on department of labor laws or employment laws

V. Jonas Urba
V. Jonas Urba answered on Jan 2, 2020

If you do not have a specific term of employment agreement (i.e. Jan 2020 thru Jan 2021) nor do you have a union collective bargaining agreement that protects everyone in the union nor do you work for the government then chances are pretty high that you are "at will".

Being...
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1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: The hoa foreclosed and sold my house for non payment of dues and evicted me. Now they are renting it out. Legal?

I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding

Elaine Shay
Elaine Shay answered on Oct 29, 2019

It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: How do I I know if I have a legal malpractice suite against my attorney. He admitted he “ dropped the ball”

He is on a 1 year ACD with the judiciary courts now. And has been found guilty of negligence of 5 other cases by doing exactly as he did to me

Michael Bersani
Michael Bersani answered on Oct 2, 2019

If he "dropped the ball" it COULD mean he malpracticed the case. To commit legal malpractice in New York you need to show that (1) the lawyer did or failed to do something which constitutes a "mistake", which is defined as an action or failure to act that falls below the... Read more »

1 Answer | Asked in Contracts and Legal Malpractice for New York on
Q: How can I get contents of my complete settled and disposed file from my attorney in my tort case?

established attorney - client relationship in 2012, he began the case in 2014 settled in 2019 the case?documents the judge's decision of the settlement, mediation, signing the settlement agreement for opposing side, and copy of the settlement check with his signature. he didnotprovide my... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 6, 2019

You are entitled to it. Write the lawyer and ask.

2 Answers | Asked in Legal Malpractice and Probate for New York on
Q: Can an attorney refuse to draw up a will if he/she does not agree with some of the terms?

e.g. A person wishes to make an animal shelter a beneficiary and the attorney feels that human charities should have priority.

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 8, 2019

Attorneys are not obligated to accept any client or any work. However, if it is shown that their refusal is illegal discrimination they are subject to all potential civil and administrative penalties. In this case, there does not appear to be such discrimination. If the attorney has taken your... Read more »

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2 Answers | Asked in Legal Malpractice for New York on
Q: Is it illegal for someone to send demand letters posing as an attorney?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 24, 2019

Yes, it is illegal to pretend to be an attorney. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

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2 Answers | Asked in Legal Malpractice for New York on
Q: My attorney made a mistake with my case filing but I think it was just a minor oversight that won't affect the outcome

of my case. Does that still qualify as legal malpractice? It did inconvenience me.

Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Nov 5, 2018

Nope. To be malpractice the error must be significant enough to affect the outcome. Usually, you have to prove that you lost the case as a result of the error. If the error is tiny and can be corrected, there was no malpractice.

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1 Answer | Asked in Legal Malpractice for New York on
Q: Someone posts untrue reviews about me on Yelp. Can this affect my malpractice insurance rates or standing with the bar?
Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Nov 5, 2018

No. A negative yelp review won't have anything to do with insurance or your standing with the Bar.

I'm sorry to say that there is little you can do about a Yelp review. Suing Yelp won't work and it should not work because of the first amendment.

I have earned several...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Legal Malpractice for New York on
Q: Can a mortgage be discharged if there are still liens/Judgments on it?

We are in the process of buying a home and the process has been dragging out. we are now a full month passed our scheduled closing date. We have multiple stories coming from the lawyers stating there are judgments on the home. We waited 3 weeks for the lawyer to tell us the seller agreed to pay 3x... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 11, 2018

Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.

1 Answer | Asked in Legal Malpractice for New York on
Q: Is my first step always to talk to the state bar if I suspect my attorney is violating attorney-client privilege?
Michael Bersani
Michael Bersani answered on Sep 1, 2018

Not necessarily. You can talk to another lawyer. Or you can contact your county bar association grievance committee in New York. But of course you can also call the New York State Bar association.

1 Answer | Asked in Legal Malpractice for New York on
Q: What recourse do you have if your attorney misses a filing deadline?
Michael Bersani
Michael Bersani answered on Aug 10, 2018

You need to consider suing your lawyer. You should carefully watch your filing deadline for that case! It is three years from the date of the missed filing, unless your lawyer continued to represent you on the same matter after that happened, in which case the filing deadline is three years from... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: Lawyer stating his clients are person 1 & 2 but attempting to discuss on behalf of person 3.

if a lawyer states person 1 & 2 are his clients, while including them in the communications with me, but also starts arguing on behalf of person 3 who is person 2's spouse and refuses to answer whether he has permission from person 3 to represent her, can I complain to some NY State... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 1, 2018

It is not your issue. It is person 3's issue. You are the adversary. Representation is between attorney and client.

1 Answer | Asked in Probate and Legal Malpractice for New York on
Q: is there a time frame for a law office to reimburse me for the cost of urn and cremation? (long Island, N.Y.)

I laid out almost $4,000.00 for the urn and cremation fees for a friend of mine who died in June 2016. The estate was settled in September 2017. I have called at least 5 times (once a month since January?) to find out if there is an issue, whatever. I have been told by a very friendly secretary:... Read more »

Michael David Siegel
Michael David Siegel answered on May 17, 2018

Make sure you saved your written inquiries. You are supposed to send the Executor a formal Notice of Claim within 7 months of appointment. What you did might qualify. You can make a motion to be paid.

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