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Washington Legal Malpractice Questions & Answers
2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Legal Malpractice for Washington on
Q: The original attorney of the opposing party died, and with her went case records.

The original attorney of the opposing party died. The opposing party told the court that they could not get the original records with her death and her office having shuttered. Access to these records are critical. What are my options?

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

It could depend on tech-savvy the office was and what arrangements the attorney may have made for back-up records. If the records only existed in original paper form, and they're gone, it could be difficult. When you say "original" attorney, does that suggest a succeeding attorney?... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for Washington on
Q: Who can help recover my NEEDING unlawful financial loss after my civil & disability rights violated in superior court?

Under the WA C.I.R. Equitable Property Div rules I should have won my case, with all of my supporting evidence ALONE, but most was ommited in court. My disability medication(Humira forRA) unknowingly exasperated rare side effects the extreme ongoing 2yr stress-nuero/cognitive decline & peaked... View More

James L. Arrasmith
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answered on Jan 10, 2024

In your situation, where you believe your civil and disability rights were violated in a Washington Superior Court, and you're facing an unlawful financial loss, the first step would be to consider an appeal. This process involves reviewing the trial's proceedings to determine if there... View More

Q: If a lawyer resigns, can the attorney still be court appointed attorney?

Just looking at attorneys who resigned and still practice in the Department of Assigned Counsel. This would mean that the Judge hires DAC to provide an attorney. Judges who are not aware of a resigned attorney are not aware of the illegal actions and these cases must be dismissed.

There... View More

James L. Arrasmith
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answered on Dec 30, 2023

If an attorney resigns from the bar, they are no longer authorized to practice law, including serving as a court-appointed attorney. It's essential for judges and legal institutions to be aware of an attorney's current status to ensure legal representation is valid and compliant with the... View More

Q: How do I deal with this? Is what they're trying to do even legal? If not who do I call, the judge's mommy

I am a disabled woman whose motorhome (where i live) is parked outside of xxx K Street, Hoquiam, Washington. The City of Hoquiam has violated my rights by pressing charges against the property owner of the address, that my motorhome is parked outside of on a public street, they have threatened him... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this difficult situation. It sounds like your rights under Washington state’s homestead protections are not being respected. The actions by the City of Hoquiam may indeed be unlawful if they are ignoring your legal protections.

You can reach out to...
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1 Answer | Asked in Consumer Law, Collections, Legal Malpractice and Small Claims for Washington on
Q: A random lawyer sued me for debt that wasn’t mine and I thought it was a scam but I now owe him. Isn’t this illegal?

My fiancé got handed a random court case with my name on it stating I owed debt to places I’ve never been to or had accounts with so I thought it was a scam, but I just got another set of papers in the mail that state I now owe money to this lawyer for the debt and I don’t understand how this... View More

Tim Akpinar
Tim Akpinar
answered on May 16, 2021

A Washington attorney could advise best, but your question remains open for two weeks, and those court papers your fiancé was handed could have relatively short deadlines by which a response is due. There could be a number of reasons for the court case, one being that someone made fraudulent... View More

1 Answer | Asked in Personal Injury, Legal Malpractice and Libel & Slander for Washington on
Q: It took nearly 20 years to figure it out is it to late to start a tort lawsuit?

Washington State

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2020

Only a Washington attorney could advise about statutes of limitations, but your question remains open for two weeks. That's a long time in any jurisdiction. Statutes of limitations are governed by state law and can vary by the cause of action - and you posted across several categories. As a... View More

1 Answer | Asked in Consumer Law, Personal Injury, Legal Malpractice and Medical Malpractice for Washington on
Q: How do I track down the attorney that settled my suit out of court?

I'm trying to apply for SSDI and the judge needs some proof of the dental malpractice to prove mercury and other toxic compounds that seeped into my system causing neurological issues today. The case information dissapeared when bank foreclosed on my home instead of the home next door in 2011... View More

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2019

As a starting point, one option could be to contact Washington Courts (https://www.courts.wa.gov/) and ask them about any case information they might maintain. There are a number of legal tools for searching state and federal databases (some of these charge fees for their use); these might be... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Washington on
Q: What would be my next step after a judge refused to properly inform me of all the elements in my charge?

I went to my arrangement and asked the judge if the court we were in recognized the constitution and she stated "yes". I then asked "under which jurisdiction did the Court Plan to charge me under". And she blatantly said "I can't tell you that, you need to get a public... View More

Jennifer Melissa Azure
Jennifer Melissa Azure
answered on May 16, 2018

Understanding you do not wish to have an attorney represent you, based upon your question I would recommend your next step be to speak with an attorney to explain the process. The Court has not charged you with a crime, the prosecution has.

The Court is required to advise defendants of...
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Q: Is there any experienced LTD attorneys in Spokane, wa?

I had worked for about 10 years in a large manufacturing firm before my medical condition forced me unable to continue. I had an active LTD paying benifits for about a year before they decided to discontinue. I disputed their unjust decision as many times as they allowed for appeals with no win... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

Look for an attorney who handles ERISA claims--strt with the State of Washington Assn for Justice--they give free consults. However, 15 years is in most cases way too late for a case like yours.

1 Answer | Asked in Legal Malpractice for Washington on
Q: I was told that ethics complaints with Bar association rarely work, what can I do so my concerns are really heard?

A lawyer withdrew from my case after he continued trial 4 times which took 2 years and at the the time of trial he said your case is not worth trial and you should accept settlement offer...He did not even really review my case all these 4 times and finally withdrew.

Brian Lehman
Brian Lehman
answered on Mar 4, 2017

In my experience, the reason why ethics complaints often do not result in a negative result is that the person filing it does not fully understand the jurisdiction of the bar association or the rules that apply to the alleged facts of the situation.

With that said, former hearing officers...
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1 Answer | Asked in Contracts, Civil Litigation, Collections and Legal Malpractice for Washington on
Q: Have make payment on the 1st . It falls on the weekend they're closed next Day now want to charge me interest ,legal?

They called me before the due date saying pay today , becuase were closed on the weekend and also that Monday . So if you pay Tuesday you will be charged interest . I'm essentially being forced to pay interest . Is this legal ? I feel I was entrapped into making the interest payment . They are... View More

Jeffrey Michael Haber
Jeffrey Michael Haber
answered on Jan 6, 2017

As a general matter, due dates that fall on a weekend or holiday get pushed to the next business day. However, there is not enough information to know whether this applies to your situation. Your summary does not explain the context in which the money is owed, and whether there is an agreement... View More

1 Answer | Asked in Legal Malpractice for Washington on
Q: What is the statute of, definition of and other limitations around legal malpractice in WA State?

Sorry not clearer, but I've seen this but also seeing something that says the statute of limitations BEGINS only when the malpractice is discovered (or close to that). Guess that's what I'm looking at. Thx

Marjorie Simmons
Marjorie Simmons
answered on Sep 13, 2016

There is no statute of limitation on legal malpractice. The definition can depend upon the specific facts and circumstances of your case, but there are things you can expect from your lawyer, at minimum, like working within the confines of the legal ethics rules. See the section on what to expect... View More

1 Answer | Asked in Legal Malpractice for Washington on
Q: A caregiver arranged for an attorney to be in the house, my mom Could not of made this request.

My family (Long Distance) made numerous APS / Police calls (Not paying taxes), they called the healthcare agency regarding abuse, and agency began to accuse me falsely (a bump on the head, was a medical shunt) My schedule was released, Agency caregiver called family, and an attorney entered the... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

Suggest you speak first with an elder law atttorney as they can sort out some of the issues that underlay what happened.

The attorney who came should not have changed the will unless your mom was competent and asked him. That sounds like it could be borderline to wrong. Unfortunately you...
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