It is unlikely you can successfully sue the magistrate. In general, public officials enjoy what's called sovereign immunity. You may report the magistrate to your local Bar Association if they have truly stepped outside of their role and become an advocate for your wife. Mind you, simply...View More
After a violation of procedural due process, you have the right to challenge the validity of the proceedings that denied you such due process. Options may include filing an appeal if within the appropriate time frame or seeking to overturn a decision through various post-judgment motions....View More
It is a custody case my father has sat in with me and my lawyer on previous meetings my father is not a party in the case. I feel the attorney by bypassing me their client, and going to my father is a violation of my rights. My attorney called a meeting with my father without me to discuss details... View More
I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me... View More
Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer.
I'm sorry to hear about your situation. It sounds like a difficult and unjust experience. To answer your question, it may be possible to appeal a judge's decision and seek compensation for losses, but it would depend on the specific circumstances of your case and the applicable laws in...View More
They have apparently filed to take my chance of owning land in my county, and have recently tried to take my wages and have them garnished. I'm a disabled individual since 2011. I haven't received any mail from them since they kicked me from their school. I only know about these things... View More
An Ohio attorney could advise best, but your question remains open for two weeks. Find out what the suits are for, either on your own or through an attorney. Consider consulting with an attorney to learn if you have viable defenses that might be cost effective to pursue in terms of the initial...View More
I gave my lawyer tons of paperwork; the correct doctor's name is on a lot of the documentation. He sent the ppwk to the main hospital, I told him no the surgery was done in Parma not cleveland. he said it didn't matter. He emails me over the weekend to tell me the THOUSANDS of dollars I... View More
The attorney may be able to amend to bring in the correct doctor and it be deemed within the statute of limitations. Otherwise you may have a legal malpractice case—Consult with experienced legal malpractice attorneys in the state where this occurred.
Because such claims are rarely successful and very expensive to pursue, your best strategy is to offer a significantly higher hourly fee backed up by a six figure retainer to persuade a competent and experienced attorney to take such a case.
He refused to let her see the motion of discovery. She tried to fire him the judge wouldn't let her. She told him things to help prove her side some he didn't even look into. They made a murder series episode about her case the interviews were shown a couple things were complete and could... View More
There are many requirements in legal malpractice cases that very state by state. One requirement in some states is an actual finding of innocence. Consult with experienced legal malpractice attorneys in the state where this occurred.
I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to... View More
Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire...View More
She already didn't let me see him for over two months because our Governor had the stay at home order in Ohio and now she is forcing me to get the vaccine if I want to continue seeing my son. I wondering if all this that she is doing is actually legal.
If you were not married to her, and if no court has granted you any parental rights, then she has sole custody and gets to determine who gets to spend time with the child, or even deny time completely. You could apply to the court for parental rights, but a judge might agree that she can refuse...View More
My husband's mother retained a lawyer to represent him. We have asked the attorney repeatedly not to give details of the case to his mother. This lawyer has shared INTIMATE details of his case with his mother, even going so far as to show her the bodycam footage of the incident! He insists... View More
Your husband has a attorney client privilege. Revealing information to his mother without his consent is a violation of that privilege. See Ohio Rules of Professional Conduct 1.6 and 1.8(f). Your husband, not you, not his mother, has the rights of the client which include the right to fire his...View More
My brothers lawyer failed to tell him about a 10 yr plea deal. Its been seven years since his conviction where he got life. It was uncovered last year that a email was sent to the lawyer about the 10 plea deal before his trial 17 years ago. A firm filed a post conviction in February to the trial... View More
Hi, your question comes up very often. The first to do is to focus on winning the post-conviction petition. Many states have a rule that the plaintiff (former prisoner) has to establish actual innocence before filing a lawsuit. So, I would focus on that requirement before worrying about a...View More
I just got done with a custody battle with my boys dad. His lawyer and I have to go sign papers at court on friday. She has been texting me trying to get me to sign so we dont have to go Friday. She added things that were not talked about or agreed to, so I will not sign. Now she stating she going... View More
In Ohio, it is not uncommon for custody battles to end in this ways: 1) the parties come to an agreement that is read into the record in court, 2) the judge then orders an attorney to write up the agreement matching those terms before a specific date in the future and 3) the court set a hearing...View More
I damaged my skull after falling down stairs in 2011. No drugs or alcohol tested for at the hospital. We agreed on a separation for me in an apartment because we did not want to let the kids see any seizures I might have. No separation of marriage or divorce but she said that we are separated by... View More
I HAVE A CHILD CUSTODY ISSUE THAT HAS BEEN GOING ON SINCE 2012. IT WAS WITH CPS AT ONE POINT IN TIME NOW IT IS A PRIVATE CUSTODY MATTER BETWEEN MYSELF, THE FATHER OF ONE OF MY CHILDREN, AND A COUPLE OF CUSTODIANS THAT HAVE MY CHILDREN. I FILED A MODIFICATION OF CUSTODY, AND VISITATION. BOTH THE... View More
Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the...View More
Original buyer never paid full amount for business, we obtained a judgment, our attorney did not act on the remainder due( we will be sueing him- that's another story) they appealed, now they are claiming she hid business assets- untrue, she lost her home, had major medical problems and... View More
I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.
My wife and I have been seeing an obgyn for several months now and we just got a letter in the mail saying that due to failure to keep a good relationship she is dropping my wife as a patient who is 27 weeks pregnant. We are always nice and respectful to her and the office when we are there.
Generally, when a doctor says "failure to keep a good relationship," they mean failure to pay the bills. I am aware of no law that requires any doctor to continue seeing a patient really under any circumstances. Emergency rooms have to stabilize folks but that;s about it.
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