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Oklahoma Legal Malpractice Questions & Answers
2 Answers
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in
Criminal Law, Civil Rights, Constitutional Law, Appeals / Appellate Law and Legal Malpractice
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Oklahoma
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Q: Is a traffic stop for alleged cracked windshield valid if other targeting factors are suspected?
I'm dealing with a legal issue stemming from a traffic stop for a cracked windshield. During the preliminary hearing, the officer testified that there was only a single hairline crack. My attorney mentioned the reasonable articulable suspicion was that the officer thought I would commit a... View More 
David A. Cincotta
answered on Oct 16, 2025
answered on Oct 16, 2025
Providing such specific legal advice on a forum like this is problematic. If you have fired the attorney who represented you at the preliminary hearing, then you should contact and hire a new attorney. Upon doing so, the questions you have can be answered by your new attorney - after the attorney... View More
2 Answers
| Asked
in
Civil Litigation, Estate Planning, Probate, Real Estate Law and Legal Malpractice
for
Oklahoma
on
Q: Address suspected fraud in house transfer after mother's death in OK.
My brother transferred my late mother's house to his name using a quitclaim deed, claiming to be the sole surviving tenant, without informing me or my other siblings. The first deed was executed 8 months before her passing in November 2021, and another was signed a month after her death. This... View More
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Anthony M. Avery
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answered on Sep 5, 2025
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answered on Sep 5, 2025
You must hire an attorney in whatever State the house is in. He needs to conduct a title search, determine ownership, and if a cause of action lies, file suit for Ejectment, Quiet Title and possibly Partition, against any claiming exclusive ownership against the actual Tenants In Common. It will... View More
Q: Lawyer unresponsive in divorce case; not providing files
I've been dealing with my lawyer for two years regarding my divorce case. She hasn't contacted me in over a month, even after I sent a certified letter, and she isn't providing any of my information on file. I've tried reaching out via email and text. I'm particularly... View More
Charles Watts
answered on Apr 3, 2025
answered on Apr 3, 2025
You can hire a new attorney to file an entry on your behalf and they will be able to get all the information from the opposing counsel or from the court. Alternatively, you can file a termination of attorney with the court and then you can represent yourself pro se and the opposing counsel can... View More
2 Answers
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Car Accidents, Legal Malpractice, Personal Injury and Insurance Bad Faith
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Oklahoma
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Q: Lack of lawyer communication after rear-ended by drunk driver in OK
I was rear-ended by a drunk driver while my special needs son was in the vehicle with me. I've requested all correspondence between my lawyer and the insurance company due to a lack of communication from my lawyer. I disagree with the final offer from the insurance company. Despite my requests... View More
Charles Watts
answered on Apr 3, 2025
answered on Apr 3, 2025
Sorry for your inconvenience during this time. First thing is if you are dissatisfied with the lawyer you currently have, then you are well within your rights to terminate their representation and hire a new lawyer. The new lawyer should be able to get the information from the original lawyer.... View More
1 Answer
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in
Criminal Law, Appeals / Appellate Law, Legal Malpractice and Native American Law
for
Oklahoma
on
Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?
The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More
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James L. Arrasmith
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answered on Mar 21, 2024
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answered on Mar 21, 2024
In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More
1 Answer
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Criminal Law, Civil Litigation, Appeals / Appellate Law and Legal Malpractice
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Oklahoma
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Q: Legal rights in Oklahoma regarding a search warrant overstepping limits and previous law enforcement conflict.
A search warrant was served at my house in Blaine County, Oklahoma, while I was not home. The warrant was for items such as a lawnmower, motorcycle, stove, washer, and dryer, according to a video I reviewed. Two days prior, an officer who obtained the warrant visited and asked about these items,... View More
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James L. Arrasmith
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answered on Oct 30, 2025
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answered on Oct 30, 2025
It sounds like you’re facing a difficult and unfair situation, especially given your past experiences with law enforcement. In Oklahoma, police officers must follow the exact terms of a search warrant, which means they can only search for and seize the items specifically listed in that warrant.... View More
1 Answer
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Legal Malpractice, Civil Rights, Libel & Slander and Personal Injury
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Oklahoma
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Q: How can I address legal malpractice and harassment related to an unauthorized video posting?
I need help regarding a potential legal malpractice issue. Less than two years ago, I was contacted by an attorney who wanted me to file a lawsuit against a law officer for harassment. During this time, the attorney published a police body cam video on Facebook without my permission, which led to... View More
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James L. Arrasmith
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answered on Oct 26, 2025
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answered on Oct 26, 2025
You should prioritize safety first: report the threats to law enforcement, seek a stalking protective order, and preserve screenshots, dates, locations, and witness names for every hostile encounter. Send written takedown demands to the platform hosting the body‑cam video and any posts that... View More
1 Answer
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in
Civil Litigation, Constitutional Law, Legal Malpractice, White Collar Crime, Probate and Criminal Law
for
Oklahoma
on
Q: Allegations of forgery and theft of inheritance in Oklahoma
I believe Judge Brian Henderson and County Clerk Tina Oaks have been involved in forgery and theft related to my inheritance, with the complicity of the tax office and family members. I have evidence of a will that was read by them, and I suspect that: 1. They forged a death certificate in my name.... View More
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James L. Arrasmith
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answered on Sep 8, 2025
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answered on Sep 8, 2025
Allegations involving forgery, theft, or misuse of inheritance are extremely serious, especially when you believe court officials and clerks may be involved. If you have evidence such as documents, bank records, or proof of property sales, those records are critical to protecting your rights. The... View More
Q: Can my former divorce attorney represent the opposing party in a new custody case?
In 2013, I hired an attorney for a divorce custody case. This attorney is now representing the opposing party in a different custody case involving a different child, which started on August 13, 2025. We did not have a written agreement concerning conflicts of interest. I sent the attorney a... View More
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James L. Arrasmith
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answered on Aug 28, 2025
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answered on Aug 28, 2025
This situation can be very frustrating, especially when you know your former attorney has access to personal background information that could be used against you. Even though the current case involves a different child and a different opposing party, the rules of professional conduct generally... View More
Q: How to report lawyer misconduct using false hearsay in court?
I observed a lawyer using third-party hearsay, which was a lie, to influence a judge's judgment in court. How can I report this misconduct?
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
If you witnessed a lawyer presenting false hearsay in court to influence a judge, and you believe it was done knowingly or in bad faith, you have the right to report that misconduct. In every state, lawyers are bound by rules of professional conduct that prohibit knowingly presenting false evidence... View More
Q: Charged with possession and intent to distribute due to wrong warrant and guest's drugs.
The police raided my house because some of my kids were car hopping and brought the police to my house looking for merchandise. The search warrant had the wrong address and stated my house was in a different county. I am now charged with possession with intent to distribute drugs found with another... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
If the search warrant listed the wrong address or county, that could be a significant Fourth Amendment issue. A search warrant must accurately describe the place to be searched, and if the warrant misidentifies your location, your attorney should file a motion to suppress the evidence gathered... View More
Q: Can I sue my attorney for failing to schedule court dates for visitation/custody in Oklahoma?
I hired an attorney in Oklahoma to file for visitation and 50/50 custody of my son, whom I only recently learned about when he was 16. Despite filing paperwork, the attorney never scheduled a court date and billed me over 18 months for case updates. I initially mentioned waiting but later clearly... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
What you’ve gone through sounds incredibly painful, especially when you trusted someone to help you build a relationship with your son. If your attorney failed to act after you clearly instructed them to move forward, and they continued billing you without taking meaningful steps, you may have... View More
Q: How can I address suspected forgery in my grandfather's estate in Oklahoma?
I was raised by my grandfather in Stigler, Oklahoma, who promised to make me the beneficiary of his will. He passed away on April 27, 2007. Since his passing, I've not been notified about his will, but I discovered quick claim deeds and an amended deed involving my brother and aunt on the... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
You can start by visiting the Pittsburg County Clerk’s office, where wills are filed for probate, and request a certified copy of any will or codicil admitted under your grandfather’s name—public access is your right as an interested heir.
If you discover a later document that... View More
Q: Why did my attorney receive over half of my SSDI back pay when the SSA withheld funds for SSI?
I was approved for SSDI benefits, and my total back pay was calculated as $29,567, with my attorney receiving $7,500. Subsequently, I received a letter from the SSA stating they would send me $11,000, withholding $10,000 because I was eligible for SSI benefits earlier than expected, despite being... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
I'm really sorry you’re facing this confusion and frustration. It’s understandable to be alarmed when the amount you actually receive from your Social Security back pay is much lower than expected, especially when your attorney’s fee seems high. But in most SSDI cases, attorneys are only... View More
Q: Recourse for attorney using SSN for credit fraud in father's probate case?
I recently learned that the attorney handling my dad's probate case used my father's social security number to open lines of credit. I discovered this through a credit bureau notification about a new address on my dad's report. I spoke to the district attorney's office, but they... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
I'm truly sorry you're facing this—it’s deeply violating to learn someone may have exploited your father's identity, especially someone in a position of trust like an attorney. If you have confirmed that your father’s Social Security number was used to open credit accounts... View More
1 Answer
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in
Car Accidents, Civil Litigation, Consumer Law, Legal Malpractice and Personal Injury
for
Oklahoma
on
Q: Address fraudulent chiropractor bills post-accident settlement.
I was involved in a car accident and settled the case for $50,000. Afterwards, a chiropractor issued multiple fraudulent bills, including charges for ten visits for my teenage daughter, though she only attended twice. Both my wife's and my own bills also show an inflated number of visits. My... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
I'm really sorry you're dealing with this—what should have brought closure after your accident has turned into another stressful and unfair situation. If you have solid proof that the chiropractor falsified treatment records and inflated billing, that may qualify as insurance fraud or... View More
Q: Can I reduce charge if not intoxicated, parked asleep in OK?
I was charged with actual physical control for the third time in Oklahoma, resulting in 4 years of probation, enrollment in a substance abuse program for 14 months, and the loss of my driver's license. I believe my attorney did not do enough to defend my case. At the time of the incident, I... View More
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James L. Arrasmith
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answered on Apr 12, 2025
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answered on Apr 12, 2025
It sounds like there are several key points in your case that could be important in seeking to reduce the charge. First, being asleep in your parked vehicle without being intoxicated can be a valid defense, as "actual physical control" typically requires evidence that you were in a... View More
1 Answer
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in
Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice
for
Oklahoma
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Q: Can I sue a judge and DA for a conflict of interest during my husband's trial?
I'm seeking advice on whether I can sue a judge and a prosecuting DA who had a sexual relationship during my husband's trial, which led to his conviction. My husband's attorney learned about the affair once it became public, and it wasn't disclosed during the trial. Although the... View More
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James L. Arrasmith
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answered on Mar 26, 2025
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answered on Mar 26, 2025
You may have grounds to sue based on this serious misconduct. When judges and prosecutors have undisclosed intimate relationships during trials, this creates a clear conflict of interest that can violate due process rights. The fact that both lost their professional licenses following an... View More
Q: How can I pursue compensation for IBM-transferred patents post-retirement?
I retired from IBM in late summer of 2008 and reached a Seventh Patent Plateau before retirement. In 2005, I transferred to a different unit with a manager who had previously encouraged a hostile work environment. My patent awards depleted that unit's bonus award pool, and I received no... View More
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James L. Arrasmith
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answered on Mar 20, 2025
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answered on Mar 20, 2025
Your situation with IBM regarding patents transferred after retirement presents a complex challenge, especially with the hostile work environment you experienced and the lack of compensation for patents later transferred to Google. Despite IBM's policy requiring patent rights assignment, you... View More
Q: Steps to discharge dismissed Chapter 7 bankruptcy.
I filed for Chapter 7 bankruptcy on January 23, 2023, and it was dismissed and closed. It's still showing as dismissed on my credit report. I've tried to contact the person who helped me file, but I am unable to reach them. What steps should I take to get my bankruptcy discharged?
Timothy Denison
answered on Mar 7, 2025
answered on Mar 7, 2025
It would help to know why it was dismissed originally, but you can file a motion to reopen and discharge if you have corrected the issues that led to dismissal.
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