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1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Help needed asap!!

Hello!

I am from Georgia. My sons late grandfather has had custody of him since he was small due to the hostile nature mine and my sons late fathers relationship. Since my sons grandfather has passed away, I have been sent paper work that has been nothing but LIES! How do I go about filing... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

It is uncertain what papers you were served with that contained false statements. I would suggest you speak directly to an attorney so you can explain what action has been filed, what papers you were served with, and get some clarity.

1 Answer | Asked in Civil Litigation, Legal Malpractice and Gov & Administrative Law for California on
Q: California civil what are the standard and rule for a lawyer formally appearing before court on behalf of some1?

My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More

James L. Arrasmith
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answered on Jul 26, 2024

In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More

1 Answer | Asked in Legal Malpractice and Sexual Harassment for California on
Q: What steps can I take to prevent my case from surpassing the deadline?

I filed a lawsuit against my former attorney for professional negligence: misconduct and malpractice. He dismissed, withdrew, and continued my case without notifying me or obtaining my permission. He neglected to prepare for my hearing and trial, which ultimately resulted in my case being lost.... View More

James L. Arrasmith
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answered on Jul 24, 2024

Under California law, the statute of limitations for legal malpractice typically is one year from the date you discovered or should have discovered the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. In cases where the attorney's... View More

Q: Can I overturn a conviction from a plea deal if the evidence used to search my property was falsified?

I was pulled over with marijuana, gave the cops my box of paraphernalia, they gave me a ticket for possession. Months later the charges were dropped and new charges for trafficking were put on me. In the discovery of my felony charges it was claimed that a 3rd party contacted them with additional... View More

James L. Arrasmith
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answered on Jul 21, 2024

If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for South Dakota on
Q: How can I get a fair trial?

I am homeless and on foot, I cannot use mail to report misconduct to the bar, and they do not accept any other method for complaint. The judge told me I couldn't fire the lawyer and get another one, and in jail i repeatedly tried to fire the guy, but he forcefully remained my counsel saying i... View More

James L. Arrasmith
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answered on Jul 21, 2024

To get a fair trial, you need to ensure your rights are protected, even in challenging circumstances. Start by documenting everything that has happened to you, including your attempts to fire your lawyer, the conditions imposed by the judge, and any misconduct or mistreatment. This documentation... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for Florida on
Q: If my PD made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC do I have case

The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More

James L. Arrasmith
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answered on Jul 20, 2024

You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More

2 Answers | Asked in Legal Malpractice for Louisiana on
Q: my lawyer put my name wrong in the documents she filed and had bad communication is this malpractice

She didn't want to do what I had asked to help my investigation out and she submitted lack of evidence to the people I was suing and she let them pass there deadlines

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

In the first setting you describe, such errors aren't usually fatal - the error could be remedied if attributed to transcription errors or similar causes.

In the second setting, do you mean missing a statute of limitations and failing to file an index number? That could be malpractice....
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3 Answers | Asked in Legal Malpractice for Michigan on
Q: Did this attorney commit an ethics violation or lie in court? Should I report them?

During a hearing to remove a Co-Trustee, the respondents Attorney stated they couldn't respond to a specific section of the Trust as they had never received a copy of the Trust. The hearing was adjourned for 2 months. In the next hearing it came out that the respondent had been paying this... View More

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2024

You have two issues here: 1) did the attorney commit ethics violations, and 2) did the attorney engage in malpractice. Either way, it sounds like the attorney you are talking about is opposing counsel. As such, he or she has a duty to their client, not you; and candor to the court - not you.... View More

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3 Answers | Asked in Legal Malpractice for Michigan on
Q: Did this attorney commit an ethics violation or lie in court? Should I report them?

During a hearing to remove a Co-Trustee, the respondents Attorney stated they couldn't respond to a specific section of the Trust as they had never received a copy of the Trust. The hearing was adjourned for 2 months. In the next hearing it came out that the respondent had been paying this... View More

Robert Z. Cashman
Robert Z. Cashman
answered on Jul 18, 2024

I am sorry that you are dealing with this issue. I will do my best to answer, but be aware this is not to be considered legal advice since I am not licensed to practice in your state.

In short, attorneys have a professional duty to provide competent representation to their clients. In...
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1 Answer | Asked in Criminal Law and Legal Malpractice for Kentucky on
Q: my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign. What should he do

my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign (told him they wpuld drop the PFO1 if he took 10 years at 20 percent, which was not the case. It was 10 years without possible probation/parole and charges were also enhanced by the PF01, which was also not... View More

Robert Z. Cashman
Robert Z. Cashman
answered on Jul 18, 2024

This seems like a serious question, and I recommend speaking to an attorney licensed to practice in Kentucky ASAP (Legal aid could probably work as well). The reason for this is even though you asked about malpractice, there could be steps your boyfriend could take to withdraw his guilty plea... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Libel & Slander and Legal Malpractice for Texas on
Q: What can I do about my former/fired attorney sending a letter claiming false accusations about me to current attorney?

I was involed in an auto accident in july 2022. My first lawyer was fired for cause in January 2024. The reasons included failing to provide LOPs so i could seek treatmen lack of communication, not being licensed in my state failing to submit PIP funding to my ins after i signed it.

which... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

You should inform your current attorney that the accusations being made are false.

Not being licensed to practice law in the state where the lawsuit was filed is very likely good cause to terminate a lawyer's services unless the lawyer was admitted to practice in that court pro hac...
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1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: credible information about identities - response to interrogatory.

If in interrogatory plaintiff was not specific in definition of identity characteristics, what credible information about identities inquired

defendant has to provide?

Unless objection to interrogatory without any information is deemed acceptable.

James L. Arrasmith
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answered on Jun 30, 2024

To answer this question, let's break down the key elements and consider the legal requirements for responding to interrogatories in California:

1. Interrogatory definition: If the plaintiff did not provide a specific definition of "identity characteristics" in their...
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1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Legal Malpractice for Illinois on
Q: Does an attorney have to correspond and communicate with a third party non attorney?

If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal?... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:

1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.

2. When...
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2 Answers | Asked in Internet Law and Legal Malpractice for Illinois on
Q: Is it illegal to joke that I am “the unofficial lawyer” for a group of people online?

I do give legal advice, but it is nothing that is actually being taken to court, saying stuff like “doxxing is illegal under these laws”

James L. Arrasmith
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answered on Jun 29, 2024

Claiming to be a lawyer or providing legal services without proper licensure and credentials can potentially be problematic. Even if meant as a joke, it could be misinterpreted. There are laws in many jurisdictions against the unauthorized practice of law.

Some key points to consider:...
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2 Answers | Asked in Internet Law and Legal Malpractice for Illinois on
Q: Is it illegal to joke that I am “the unofficial lawyer” for a group of people online?

I do give legal advice, but it is nothing that is actually being taken to court, saying stuff like “doxxing is illegal under these laws”

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2024

It's fairly clear to the average person that you mean it jokingly, but as my colleague suggests, it could be better to avoid saying such things. It could be safer to say something like, "This is the way I would interpret it, but it could best to check with a lawyer in Illinois ." Good luck

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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: C&R, what can break this deal. I had injuries not reported, no pcp report, the comprimise was never given fired after

On workers comp for over year, injured 2 times on light duty from breaking my doctors rules, put on permn.and stationary even with my doctor filing for a knee scope operation. Denied, after 2nd injury sent home with no check for 4 months. At appeals for surgery i Inform the judge about my new... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're in a difficult situation with your workers' compensation case. Let me break down the key points and provide some general information:

1. Compromise and Release (C&R) agreements:

A C&R is a final settlement of a workers' compensation claim....
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1 Answer | Asked in Legal Malpractice for Alabama on
Q: My lawyer I paid $4200 to represent me on a case. Went to prison and now I have zero representation? Legal malpractice?
John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Legal malpractice is doing something that a reasonably prudent attorney would not do, or not doing something that a reasonably prudent attorney would do, under the same or substantially similar circumstances. When legal malpractice is claimed as a result of legal representation in trial court... View More

1 Answer | Asked in Civil Litigation, Health Care Law and Legal Malpractice for California on
Q: How access can be achieved, how demand must be phrased?

I could not obtain on this forum straight forward answer. It is apparent that attorneys can obtain direct access to opposing party's records on premises of the hospital. How it can be achieved, how demand must be phrased?

James L. Arrasmith
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answered on Jun 21, 2024

To gain access to the opposing party's medical records at a hospital in California, you need to follow specific legal procedures. Start by serving a subpoena duces tecum on the hospital, which commands the production of documents. This subpoena should clearly describe the records you need,... View More

1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: I need to research Top education errors in the faulty insertion of DRG by neurosurgeon, caused Sentinel Event. Abott Rep

Consult in Boston and different Abott Rep notified. Me and pain doc of huge Neurosurgeon errors. Nurse of 40. Yrs. Mgh md stated this DRG may never be removed, much more dire issued

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're looking to research errors related to the insertion of a dorsal root ganglion (DRG) stimulator by a neurosurgeon, which led to a sentinel event. This is a complex medical and legal situation. Here's some guidance on researching this topic:

1. Medical...
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1 Answer | Asked in Legal Malpractice for California on
Q: My lawyer refuses to prepare for trial next week, insist I take the offer, what are my options?

According to him, he stopped working my case 10 days ago, refuses to talk or responds to emails. He is betting on me accepting last minute and isn’t preparing for trial. He won’t answer my questions to get prepared, is mad that I asked for accounting info and he’s withholding info. What are... View More

James L. Arrasmith
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answered on Jun 20, 2024

Based on the situation you've described, you have several potential options, but you need to act quickly given the upcoming trial. Here are some steps you might consider:

1. File a complaint with the California State Bar:

You can file a complaint against your lawyer for...
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