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Virginia Legal Malpractice Questions & Answers
Q: Concern about attorney's handling of a criminal case and plea offer in Chesterfield, VA.
I am involved in a criminal case in Chesterfield, Virginia. My court date is in two days, listed as a plea date. Up until yesterday, my attorney did not contact the prosecutor regarding a plea bargain, despite my requests for time to consider any offers. My attorney has not discussed any defense... 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, especially so close to your court date. You deserve a defense that involves clear communication, preparation, and respect—none of which you’ve received. If your attorney hasn’t presented a plea deal, discussed strategy, or answered your... View More
Q: How to proceed with unresponsive attorney before trial in Virginia?
I'm facing charges for extortion in writing and violating a protective order. My trial date is in two days, and my attorney has been telling me for the past four months that he is working on negotiating a plea offer. However, I have not been informed of any plea offers or defense strategies... 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, especially with a trial so close and no clear answers. When your freedom is on the line, you deserve real communication and a clear understanding of what’s happening with your case. If your attorney isn’t responding and hasn’t explained the plea... View More
1 Answer
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in
Appeals / Appellate Law, Civil Rights, Criminal Law and Legal Malpractice
for
Virginia
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Q: What can I do if my lawyer urges me to plead guilty despite clear evidence against charges?
I was appointed an attorney who had poor communication and seemed uninterested in my case, so I fired her. The judge appointed a new lawyer, but he only had 20 days before the next court date. Despite trying to hire private attorneys, they all said 20 days was not enough time to prepare. My new... 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 in such a stressful and unfair position. It’s frightening to feel pushed into a guilty plea when you know the evidence is in your favor. Even if a judge has a history of siding with officers, that doesn’t erase your right to a fair trial—especially when... View More
Q: What to do for a failure to appear in child support case in VA?
I have a failure to appear charge for a child support case scheduled on 3/19/25. My court-appointed lawyer had advised me that she would handle it, but now I am charged with failure to appear. I contacted her by phone on 1/11/25 regarding handling the court date, and again left a message today,... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
You should contact the court that issued the failure to appear as soon as possible. Let them know you were under the impression that your court-appointed attorney was handling the appearance and that you didn’t intend to ignore the court date. Ask if you can file a motion to explain the situation... View More
Q: Issues with billing transparency after receiving a fee agreement instead of retainer agreement.
I have a lawyer who provided me with a fee agreement instead of a retainer agreement, and now I’m encountering issues. Despite paying thousands of dollars in what I believed to be a retainer, he hasn’t billed me, and I don’t know what I owe him for the services I contracted him to perform.... View More
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James L. Arrasmith
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answered on Apr 11, 2025
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answered on Apr 11, 2025
That’s a really uncomfortable position to be in, especially when you’ve paid a significant amount of money and aren’t sure where you stand financially. In Virginia, lawyers are required to maintain transparency with clients about fees, billing, and the work performed. If you were given a fee... View More
Q: Difference between contract for estimated fees and retainer agreement relating to civil rights advocacy, concerning exit options and clauses.
I approached a lawyer to advocate for my civil rights, and they offered me a contract for estimated fees. However, the contract didn't include an exit clause or other provisions typically found in retainer agreements. I declined to proceed with the tasks and services due to the absence of... View More
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James L. Arrasmith
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answered on Apr 7, 2025
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answered on Apr 7, 2025
When you enter into a contract for estimated fees, you're typically agreeing to pay a lawyer based on an estimate of the total cost for their services. The agreement may outline an approximate cost for specific tasks or the overall project but may not provide flexibility if circumstances... View More
3 Answers
| Asked
in
Contracts, Civil Litigation, Domestic Violence and Legal Malpractice
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Virginia
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Q: If a lawyer promises to see your case through to the end are they obligated to?
Handshake was given
Joel Gary Selik
answered on Oct 25, 2023
answered on Oct 25, 2023
No. Attorneys may be allowed to withdraw from a case in most circumstances.
1 Answer
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in
Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice
for
Virginia
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Q: I’m just now finding out about this and all of this is completely wrong and untrue! What can I do?
I was not in attendance during the appeal as my lawyer told me that I wasn’t allowed to be and was notified by phone that the appeal was not honored. I’m sure where this information come from or why the police made such statements but they are completely false! I’m assuming they’re getting... View More
Joel Gary Selik
answered on Jun 18, 2023
answered on Jun 18, 2023
Take the appellate decision to an experienced appellate specialist for a review of your options.
Q: How does one seek a listing of Northern VA attorneys, who will handle a legal professional malpractice lawsuit?
There is a rich documented history confirming this attorney’s legal malpractice actions.
Steven Krieger
answered on May 21, 2022
answered on May 21, 2022
I'm not sure there is a comprehensive list, but my firm may be able to hep. Please give us a call at your earliest convenience and we'll run a conflict check, do an intake, and try to be helpful. Good luck.
Q: Is it legal in virginia to have more then one worksheet to avoid paying overtime?
I am asking in reference to store chains where the same person is the boss of the same company and they bounce employees between 2 stores and have them work over 40 hours a week
Merritt James Green
answered on Feb 12, 2021
answered on Feb 12, 2021
If you are working for the same employer, the Fair Labor Standards Act ("FLSA") requires that an employee is paid overtime for any hours over 40 in a week. Period. It does not matter if you work at more than one location. It same employer, must be paid overtime. Complication could be... View More
Q: i was in a auto accident my lawyer has filed no court papers in 2 half years switched lawyers on me 3 times
the attorney i retained has lost or misplaced some of my legal medical papers in my opinion the attorney has stalled and lost valuable time , should i file with the Bar for ineffective assistance of counsel and seek a qualified auto attorney and ask court for time extension to retain a new one time... View More
Jan F Hoen
answered on May 3, 2018
answered on May 3, 2018
Speak with the attorney first. If he or she has missed filing suit before the statute of limitations has run, they need to report the matter to their malpractice insurance carrier.
Q: I was ill advised by legal council to enter an Alford plea.
I was also told that all I had to do was be patient and on the 1st year anniversay of the conviction that the records would automatically be sealed. After doing some research, I understand that the only way to qualify for expungement is to be pardoned. Can I request a pardon based on the fact... View More
Susan Fremit
answered on Feb 14, 2018
answered on Feb 14, 2018
The problem is: prove what counsel told you. If it was not in writing or recorded, counsel will likely deny advising you that after a year, the conction would automatically be “sealed”, because that is is so blatantly wrong. It is a long shot to convince a circuit court judge to expunge a... View More
Q: can a public defender charge any type of fee to the defendant
I did not request any council; Essex County, VA chose to assign me a public defender and said I had to have one. I complied being foreign to the county and just wanting to get through the arraignment without any issues. I finished up with no issues or charges to remain on my record after completing... View More
Bryan J. Jones
answered on Feb 2, 2018
answered on Feb 2, 2018
You can be charged fees for being represented by court appointed counsel. You should contact the clerk's office to find out how much they are charging you.
Q: Is it legal to video record someone without their consent in Virginia?
Bryan J. Jones
answered on Jan 29, 2018
answered on Jan 29, 2018
It depends on many different circumstances. But generally you can record people in public as long as you are not harassing, stalking, or invading their privacy.
Q: seeking attorney for consultation for animal medical malpractice for fairfax, virginia
Peter N. Munsing
answered on Apr 21, 2017
answered on Apr 21, 2017
The problem is that the value of the animal is basically the market value.However there may be other things involved.Start with members of the Va. trial Lawyers Assn-they give free consults.
1 Answer
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in
Contracts, Health Care Law, Legal Malpractice and Medical Malpractice
for
Virginia
on
Q: Hello, Is there any legal remedy to sue a hospital for medical records breach that was cover up by employee ?
The hospital did not take reasonable care and we were notified there has been a serious breach of hippa and privacy rights. My concern is not knowing who has all these records and the employee took great measures to cover up the breach but it was discovered . Do we have a lawsuit ? I really hope... View More
Peter N. Munsing
answered on Apr 17, 2017
answered on Apr 17, 2017
Generally there are not damage cases you can bring for a HIPAA violation.Contact a local attorney to be sure.
Q: CAN LAWYER BE HELD ACCOUNTABLE
Had lawyer give me a contract for services flat fee 8,500.00. Then a couple of days later after I paid the flat fee says she has a revised contract with hourly fee and and will be cheaper I said ok if it saves me sure. However after everything was over she billed me additional 3000.00 I feel like... View More
Jeffrey Michael Haber
answered on Jan 6, 2017
answered on Jan 6, 2017
It depends on whether you and your attorney discussed the modified fee arrangement, and you authorized the modification, before the modification was made. Your summary suggests that you discussed and approved the modification. If so, there is probably not much you can do. Also, are there any... View More
Q: I was rushed to hospital for extreme flank pain while pregnant. I was later sent home with no real explanation.
While in hospital they were rude and brushed off the severe pain. I was admitted to a different hospital a week later with sepsis because the 1st hospital didn't see that I had a serious illness pylonephritis. I almost died because the er that was so rude and told me to be quiet and stop... View More
Peter N. Munsing
answered on Dec 19, 2016
answered on Dec 19, 2016
On the failure to diagnose possibly. On tudeness, no.
Contact a member of the Virginia Trial Laweyrs Assn--they give free consults.
Q: Can my attorney divulge confidential info about me/case after he withdraws?
Jerry Lutkenhaus
answered on Sep 29, 2016
answered on Sep 29, 2016
An attorney is normally not allowed to divulge any client secrets to a third party. If the disclosure causes damages, then the lawyer could be sued for legal malpractice. In addition, this could be considered unethical practice and could lead to sanctions against the attorney by the Virginia State... View More
Q: Can an attorney request additional money for incorrect paperwork filed?
Retained attorney for a PSA, Final Decree, and QDRO paperwork preparation. QDRO was incorporated into decree. Investment company rejected the QDRO based upon incorrect verbiage contained therein. Attorney is now asking for additional money to correct this paperwork and refile. Should I have to... View More
Gary D. Godman
answered on Mar 30, 2016
answered on Mar 30, 2016
The best thing you can do is discuss it with your attorney! QDRO's are touchy in that different investment companies require different words in the order - it's possible the investment company gave incorrect info and that there's no fault on the part of your attorney. Review your... View More
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