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Legal Malpractice Questions & Answers

1 Answer | Asked in Legal Malpractice, Probate and Wrongful Death for Ohio on

Q: Where can I get a pro bono. Lawyer to look at my case to see if i have grounds

I

Mary Ellen Leslie Esq. answered on Jul 3, 2019

If you call me at (614)855-3126, I will be happy to discuss your case with you.

1 Answer | Asked in Banking, Identity Theft, Legal Malpractice and Small Claims for Georgia on

Q: Am I responsible to pay my bank money when I was given a fraudulent loan and I used the money before the check bounced?

The person who deposited the check in my account forged my signature. The loan was for $901.70.

Bruce Alexander Minnick answered on Jun 25, 2019

Yes. Why? Because you are the only person who has (or had) the $901.70. Surely you do not expect any bank on this planet to eat money just because you accepted a fraudulent check? No; they are making you eat your own money.

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Minnesota on

Q: I have a question in regards to if a dr writes down no restrictions and signs it

I have a guardian and live in a group home and i was on a 3hr time limit to be out and couldn't help my parents do to a infection i had but i have been cleared by my dr. Specialist in urology today from a follow-up appointment and he said no restrictions and also wrote on my summary paper no... Read more »

Tim Akpinar answered on Jun 23, 2019

Based on the limited details here, it isn't clear why you are still being held subsequent to your urologist lifting your restrictions. It's possible information is missing in terms of their policy, and that your family could need to look further into reasons why you are still being limited in the... Read more »

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Legal Malpractice for Louisiana on

Q: I had a mild heart attack brought on by a proposed eviction supported the succession attorney hired by sister. recourse?

Sisters atty encouraged her to propose my eviction in order to sell my late mothers home. My understanding is that I am equal share holder in ownership & cannot be evicted. Also I’m disabled - stroke 4yrs ago. I’ve lived with my mom for 18yrs. When I received this proposed eviction, my blood... Read more »

Edward X. Clinton, Jr answered on Jun 21, 2019

I am sorry you had a heart attack, but the heart attack was not caused by the eviction or the attorney so, no, you can't sue them.

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Small Claims for Texas on

Q: Can I sue lawyer for not doing there job? For causing emotional distress?and messing up case?

August of last year I was in a major car accident in front of a police officer and the carless driver was given a citation while I was taken to the ER. I went to a lawyers office and met with the receptionist who took my statement and got started with therapy right away around December we heard... Read more »

Edward X. Clinton, Jr answered on Jun 21, 2019

You can only sue a lawyer for economic damages, meaning the money you lost due to the representation. Did you sign the release? if you did, you may be able to receive a settlement check.

The settlement must be agreed to by you as well. If the lawyer did not have your authority to settle,...
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1 Answer | Asked in Legal Malpractice for Florida on

Q: Can my lawyer break my confidentiality with and tell my business to say my mother without my consent? My

I've been fighting a lawsuit for 5 years now and I just settled out of court and it's a company geology agreement between me and the other side and my mother decided to call up to the lawyer place today and ask them all kinds of questions and she got answers things that I don't even know

Terrence H Thorgaard answered on Jun 19, 2019

No, your attorney, or your attorney's office (i.e. "the lawyer place") should not have told her confidential information without your consent.

1 Answer | Asked in Legal Malpractice for California on

Q: I live in California. Question re SOL deadline

If I missed filing a Malpractice complaint against my former attorney by one day (ie. SOL expired on a Monday and today is Tuesday) would you still file the complaint and hope for the best? Does the SOL for Malpractice action against an Attorney expire 1 year after the Attorney's last day of... Read more »

Kenneth Sisco answered on Jun 11, 2019

The answer to the question, "When does the statute of limitation expire?" is a fairly easy one, although there could be questions about that too. Generally, it depends on what date it began to run; there are many complications as to that question. Typically, as in almost all cases, the SOL begins... Read more »

3 Answers | Asked in Legal Malpractice for California on

Q: If you have not received your settlement in 70 days or real news in the status of the settlement? more details below

Mediation is over and If you have not received your settlement in 70 days or real news in the status of the settlement? What should I ask if my lawyer for proof his working on it or has the money already something on paper? I already ask what is the status of my settlement in a letter the... Read more »

William John Light answered on Jun 11, 2019

You are entitled to be updated and know the status of your case. However, it is not unusual for settlements to take weeks, or months to complete.

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2 Answers | Asked in Legal Malpractice for California on

Q: I live in California. We have a questions about a legal malpractice claim against two attorneys.

I live in California. We have a legal malpractice claim against two attorneys, one who abandoned our underlying case prior to trial (no Arb in Retainer Agr) & the other who took the case through trial & lost the case (Retainer Agr has Arb clause). The SOL deadline related to the action against the... Read more »

Kenneth Sisco answered on Jun 11, 2019

There is a split among attorneys as to whether you should combine serial malpractitioners; it all comes down to specific facts. Indeed, under some circumstances, you may, at some point, be forced to consolidate the two cases. Without knowing more, I would not mention the 2nd attorney in the suit... Read more »

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1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Legal Malpractice for Michigan on

Q: Can my landlords atty still obtain a Writ of Eviction since the time to apply for same lapsed approx 3 mos ago?

10/2018 I received a notice to quit (home is being sold, eviction is not for non pymnt) from landlords atty. I lost eviction case 1/7/19. I appealed the judgment pro se. 2/13/19 I received notice of intent to dismiss appeal via truefile. The notice was also sent to landlords atty. I submit the... Read more »

Brent T. Geers answered on Jun 10, 2019

Yes, the attorney can obtain a writ of eviction. Your appeal was dismissed, and so the judgment issued in January remains valid. The original date to obtain a writ of eviction is simply a waiting period; in other words, the landlord must wait until that date to obtain a writ of eviction, but he or... Read more »

3 Answers | Asked in Legal Malpractice for Georgia on

Q: I have an active case with an attorney, but I haven't been able to contact him, should I hire another lawyer?

I haven't been able to contact, or received contact in over three weeks

Brad Sims McLelland answered on Jun 10, 2019

Depends. Has he/she previously ignored you? If so, I would consider letting them go. If not, i would speak with his assistant and relay your concerns.

Good luck!

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Texas on

Q: If I'm on probation and get a violation I didn't go to court for it my probation officer and his supervisor told me that

They we are going to send you to this program in Beaumont for 3 months. They told me to turn myself in to the county but let me go home that day for 2 weeks but I would have to turn myself in to county on 6/3/19 and the time I sit in the county jail waiting for a bed to come open doesn't count.... Read more »

Kiele Linroth Pace answered on Jun 10, 2019

No, it isn't like double jeopardy. That is when you are put on trial twice for the same alleged offense.

In this situation, you committed a crime but, instead of being locked up, you were given a second chance where you were allowed to do community service instead. Except you didn't...
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2 Answers | Asked in Legal Malpractice and Probate for New York on

Q: Can an attorney refuse to draw up a will if he/she does not agree with some of the terms?

e.g. A person wishes to make an animal shelter a beneficiary and the attorney feels that human charities should have priority.

Benjamin Z. Katz answered on Jun 8, 2019

Attorneys are not obligated to accept any client or any work. However, if it is shown that their refusal is illegal discrimination they are subject to all potential civil and administrative penalties. In this case, there does not appear to be such discrimination. If the attorney has taken your... Read more »

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1 Answer | Asked in Legal Malpractice for California on

Q: Is a lawyer allowed to interplead your settlement for a non lawyer?

My old attorney held back half of my settlement for a "lien" his employee claimed for working on my case. The lawyer was paid in full. Despite my not wanting him to hold my settlement he waited 6 months to deposit them with the court. Now he is suing me for the interplead fees and the release of... Read more »

William John Light answered on Jun 6, 2019

If a third party has a lien, which is either created by contract, by statute, or by equity, then the attorney has to either hold the money until the lien is resolved, or to interplead it. It is unclear why an attorney's "employee" would have a lien. Nevertheless, to only safe way to resolve... Read more »

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Missouri on

Q: How long does a judgement for medical bills remain in missouri

I found out there is a judgement against me for medical bills my spouse incurred PRIOR to our marriage. The judgement is 9 years 8 months old and it is preventing g me from buying a house. Help!!!

Ronald J. Eisenberg answered on Jun 5, 2019

Read the article I published about getting default judgments set aside. It might apply to your situation, depending on whether you were properly served. https://www.avvo.com/legal-guides/ugc/how-to-get-a-default-judgment-set-aside

It sounds like the judgment might expire this year....
Read more »

1 Answer | Asked in Legal Malpractice, Criminal Law, Traffic Tickets and Civil Rights on

Q: How can I receive legal representation if the courts say I don't qualify for a public defender because I

Because I'm not being charged with a felony but am unable to afford to hire an attorney? Also how can I find a lawyer to sue a different court for double jepardy? I had to pay bond to get out of jail, can not get my bond money back, plus a lot more all because they didn't file their paper right. I... Read more »

Gary Kollin answered on May 30, 2019

Some of the issues depends on the state you are in. You do not indicate the state

2 Answers | Asked in Legal Malpractice, Juvenile Law and Sexual Harassment for Maryland on

Q: If I’m born in January 26, 2000 date a girl born in December 13, 2003 without legal issues? It’s 3yrs,10months,18days

Bruce Alexander Minnick answered on May 29, 2019

In most states adult men over the age of 18 (like you are) can be charged with various criminal violations if caught having sexual relations with an under-aged girl (like your girlfriend is). The difference in their ages is not relevant.

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1 Answer | Asked in Personal Injury and Legal Malpractice for California on

Q: I want my case file from previous attorney (who I plan to sue for legal malpractice)

And I am going in there to hand deliver (with a witness going with me) a letter asking for it to be ready in 24 hours and that I am even willing to provide a copier to assist....anything to help him comply in 24 hours....is that legal? And can I videotape the response if I am in his law firms... Read more »

Dale S. Gribow answered on May 28, 2019

YOU CERTAINLY HAVE A RIGHT TO YOUR FILE.

HOWEVER, A CASE THAT IS 5 YEARS OLD IS PROBABLY A VERY THICK FILE AND IT REASONABLY SHOULD TAKE MORE THAN 24 HOURS TO COPY IT.

IT MIGHT BE A GOOD IDEA TO RETAIN A NEW LAWYER FIRST IN CASE THERE ARE ANY COURT APPEARANCES OR MOTIONS THAT NEED...
Read more »

2 Answers | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for Louisiana on

Q: In a BFD, what are seller's rights when it comes to buyer damage to the property & missing payments every month?

Buyer's real estate agent has taken advantage of my elderly parents since the start. Buyer has failed to make payments on time every month since signing. 45 days have been given each time. The contract said for improvements to be made to houses and property. None have been made. Rather the houses... Read more »

Bruce Alexander Minnick answered on May 28, 2019

Contact a Louisiana real estate lawyer to help the sellers enforce the contract.

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1 Answer | Asked in Legal Malpractice on

Q: How to answer a legal question including a case?

Tim Akpinar answered on May 28, 2019

If you're asking about including a recognized and publicly known decision you want reference in your question, you could name the case as it would be identified in its caption, or you could provide the location for a link to the case.

Tim Akpinar

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