Legal Malpractice Questions & Answers by State
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Legal Malpractice Questions & Answers
Q: 2012,13, 15 were consaldated. Does statute of limitations matter when your not covicted until 2017? What's fair?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice
for
California
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Steven McNicholl's answer
Your claim against the police officers would be a civil claim under injury to person. You must pursue your claim within two years in the State of California. After two years, it will be difficult or impossible to make your claim.
Your claim against the police officers would be a civil claim under injury to person. You must pursue your claim within two years in the State of California. After two years, it will be difficult or impossible to make your claim.
Q: My wife recently had an abortion but it was not completely done correct left over tissues were left is the malpractice?
1 Answer
| Asked
in
Legal Malpractice and Medical Malpractice
for
New Jersey
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Peter Munsing's answer
Depends on what happened, the fallout. Short answer: not necessarily. Suggest you contact a member of the NJ Assn for Justice who handles medical cases--they give free consults.
Depends on what happened, the fallout. Short answer: not necessarily. Suggest you contact a member of the NJ Assn for Justice who handles medical cases--they give free consults.
Q: Hello, I believe I have a warrant in Fulton County. But no one will give me info as I'm out of state.
1 Answer
| Asked
in
Criminal Law, Traffic Tickets and Legal Malpractice
for
Georgia
on
Answered on Jan 6, 2019
Answered on Jan 6, 2019
David Edward Boyle's answer
I would encourage you to hire a lawyer who practices law in the jurisdiction that issued the ticket. If you have a fail to appear warrant you can order a copy of your driving history online with georgia dept of driver services.
I would encourage you to hire a lawyer who practices law in the jurisdiction that issued the ticket. If you have a fail to appear warrant you can order a copy of your driving history online with georgia dept of driver services.
Q: Is there a conflict of interest when a lawyer supports beneficiaries' efforts to dissolve his clients' irrevocable trust
1 Answer
| Asked
in
Estate Planning, Elder Law and Legal Malpractice
for
California
on
Answered on Dec 31, 2018
Answered on Dec 31, 2018
Joel Gary Selik's answer
Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.
Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.
Q: Is it legal to transport a survival multitool/camping axe in your vehicle in California?
1 Answer
| Asked
in
Consumer Law, Legal Malpractice and Federal Crimes
for
California
on
Answered on Dec 30, 2018
Answered on Dec 30, 2018
William John Light's answer
Under CA law, it is unlawful to conceal a knife, or stabbing weapon, upon your person. Whether a stabbing weapon within reach in your car is "upon your person" might be a question for a jury to decide. An axe would not generally be considered a stabbing weapon. Also, folding knives, like typically found in a multitool, are exempt. There may be local ordinances that impose different requirements....
Under CA law, it is unlawful to conceal a knife, or stabbing weapon, upon your person. Whether a stabbing weapon within reach in your car is "upon your person" might be a question for a jury to decide. An axe would not generally be considered a stabbing weapon. Also, folding knives, like typically found in a multitool, are exempt. There may be local ordinances that impose different requirements....
Q: My divorce lawyer died and I missed some deadlines while waiting to be transferred to a new attorney at the firm. Is
James G. Ahlberg's answer
There's not enough information here to give a solid answer to your question. I suggest making an appointment with a lawyer to discuss the matter. To express it as simply as possible, there are at least three elements needed to pursue such a claim: (1)a duty owed to the client, (2)a breach of that duty, and (3)the existence of damages resulting from the breach of the duty. If you have a problem with your claim (and I don't know whether you do) it is likely to arise under the second or third of...
There's not enough information here to give a solid answer to your question. I suggest making an appointment with a lawyer to discuss the matter. To express it as simply as possible, there are at least three elements needed to pursue such a claim: (1)a duty owed to the client, (2)a breach of that duty, and (3)the existence of damages resulting from the breach of the duty. If you have a problem with your claim (and I don't know whether you do) it is likely to arise under the second or third of...
Q: If an angry client lies and posts a libelous review of my law firm online, am I at risk to lose my law license due to
William John Light's answer
If you were a lawyer, you would know the answer already. An attorney's law license is always at risk. However, it seems unlikely that a libelous review would be the genesis of discipline or revocation. A formal complaint to the Bar would have to be made. An investigation would have to follow. Facts would have to be found that merited discipline or revocation. If the complaint is based on "lies", would probably not result in the finding of those facts. However, an analysis of the actual...
If you were a lawyer, you would know the answer already. An attorney's law license is always at risk. However, it seems unlikely that a libelous review would be the genesis of discipline or revocation. A formal complaint to the Bar would have to be made. An investigation would have to follow. Facts would have to be found that merited discipline or revocation. If the complaint is based on "lies", would probably not result in the finding of those facts. However, an analysis of the actual...
Q: I'm in the process of going to the Supreme Court over damages arising of legal malpractice the amount of my lawsuit I ne
1 Answer
| Asked
in
Personal Injury, Appeals / Appellate Law, Civil Rights and Legal Malpractice
for
Michigan
on
Answered on Dec 26, 2018
Answered on Dec 26, 2018
Brent T. Geers' answer
You may be conflating the grievance process with a legal malpractice claim; they are two distinct things with completely different possible outcomes. If you are asking the Supreme Court for superintending control, that implies that you've filed a grievance with the Attorney Grievance Commission, which handles attorney disciple for ethical violations. I assume that you did not agree with that body's response.
A legal malpractice claim is different. It is filed in a circuit court - not...
You may be conflating the grievance process with a legal malpractice claim; they are two distinct things with completely different possible outcomes. If you are asking the Supreme Court for superintending control, that implies that you've filed a grievance with the Attorney Grievance Commission, which handles attorney disciple for ethical violations. I assume that you did not agree with that body's response.
A legal malpractice claim is different. It is filed in a circuit court - not...
Q: What are the specific elements that must be proven? Can the principal be convicted by aiding and abetting?
1 Answer
| Asked
in
Criminal Law, Constitutional Law and Legal Malpractice
for
Rhode Island
on
Answered on Dec 24, 2018
Answered on Dec 24, 2018
Thomas Briody's answer
Depends on the facts. In some circumstances, am aiding and abetting charge would be appropriate. You need to consult with an experienced criminal lawyer.
Depends on the facts. In some circumstances, am aiding and abetting charge would be appropriate. You need to consult with an experienced criminal lawyer.
Q: Is legal to take away a earned vacation for any reason?
Timur Akpinar's answer
Your question hasn 't been picked up in four weeks. You could try reposting it in the employment law section.
Tim Akpinar
Your question hasn 't been picked up in four weeks. You could try reposting it in the employment law section.
Tim Akpinar
Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com
3 Answers
| Asked
in
Civil Litigation and Legal Malpractice
for
Maryland
on
Answered on Dec 17, 2018
Answered on Dec 17, 2018
Richard Sternberg's answer
It depends on whether the defendants have a potential or actual conflict of interest, which most often arises if their positions are contradictory, such as where one of them wants you to lose and the other wants you to win or when one impleads for damages from the other for your claims. If you think you are going to take on U.S. Bank and Ocwen simultaneously pro se, you must be planning to lose, right? Do I guess correctly that this is a foreclosure defense, and both Ocwen and US Bank seek to...
It depends on whether the defendants have a potential or actual conflict of interest, which most often arises if their positions are contradictory, such as where one of them wants you to lose and the other wants you to win or when one impleads for damages from the other for your claims. If you think you are going to take on U.S. Bank and Ocwen simultaneously pro se, you must be planning to lose, right? Do I guess correctly that this is a foreclosure defense, and both Ocwen and US Bank seek to...
Q: My publoc defender made me pead guilty to DUI at my jurytrail because I showed up late said I'd do 90 days no bond
2 Answers
| Asked
in
Criminal Law, DUI / DWI, Appeals / Appellate Law and Legal Malpractice
for
Kentucky
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Timothy Denison's answer
You can make a motion to set aside your plea. It is up to the court as to whether to rehear it or not.
You can make a motion to set aside your plea. It is up to the court as to whether to rehear it or not.
Q: A disgruntled ex-client is posting untruthful reviews about me suggesting legal malpractice. What should I do?
James G. Ahlberg's answer
This is an ethical and relational minefield. Any substantive or defensive response is likely to inflame the situation and harden his attitude, as it effectively encourages him to throw another log on the fire. Think of it this way -- the fire that's tended burns the hottest, and you want this fire to go out.
I suggest responding along these lines: "I regret that (ex-client) found our attorney-client relationship unsatisfactory. This will be the only response I make to his criticism...
This is an ethical and relational minefield. Any substantive or defensive response is likely to inflame the situation and harden his attitude, as it effectively encourages him to throw another log on the fire. Think of it this way -- the fire that's tended burns the hottest, and you want this fire to go out.
I suggest responding along these lines: "I regret that (ex-client) found our attorney-client relationship unsatisfactory. This will be the only response I make to his criticism...
Q: Who should I report legal malpractice suspicions to? Just the state bar?
Joel Gary Selik's answer
If you are considering bringing a legal malpractice lawsuit, you should confer with an experienced legal malpractice attorney prior to your taking any action, including filing a complaint with the bar.
If you are considering bringing a legal malpractice lawsuit, you should confer with an experienced legal malpractice attorney prior to your taking any action, including filing a complaint with the bar.
Q: Am I covered by legal malpractice insurance for any mistakes my summer interns make without my knowledge?
Terrence H Thorgaard's answer
Let me get this straight: if you have legal malpractice insurance, I assume you are an attorney. And as an attorney you can't read the insurance policy as well as some anonymous person online, who doesn't even the policy to read?
Let me get this straight: if you have legal malpractice insurance, I assume you are an attorney. And as an attorney you can't read the insurance policy as well as some anonymous person online, who doesn't even the policy to read?
Q: Can a law firm be sued?
1 Answer
| Asked
in
Civil Litigation and Legal Malpractice
for
District of Columbia
on
Answered on Nov 30, 2018
Answered on Nov 30, 2018
Andrellos Mitchell's answer
Well, I guess you got what you paid for. But seriously, even though the firm represented you for free, if it was negligent in the handling of your case and breached its duty of care compared to other law firms in the community, handling the same types of cases, theoretically you can sue the firm. However, based on the facts you present, I don't think you have a legally sufficient basis to sue the firm.
Well, I guess you got what you paid for. But seriously, even though the firm represented you for free, if it was negligent in the handling of your case and breached its duty of care compared to other law firms in the community, handling the same types of cases, theoretically you can sue the firm. However, based on the facts you present, I don't think you have a legally sufficient basis to sue the firm.
Q: I think my lawyer is bipolar and stopped taking his meds.
James G. Ahlberg's answer
Your best bet is to hire a different lawyer to take over the case immediately. You don't mention that your present lawyer's conduct has caused any damage to you, so at this point you have nothing to gain by suing him for malpractice.
Your best bet is to hire a different lawyer to take over the case immediately. You don't mention that your present lawyer's conduct has caused any damage to you, so at this point you have nothing to gain by suing him for malpractice.
Q: How to find a pro bono, full contingency lawyer?
1 Answer
| Asked
in
Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice
for
California
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
Dale S. Gribow's answer
Much more info needed.
Why don't you write out a summary of the facts that you can present to attorneys to see if any are interested?
If they have the value you suggest you won't have a difficult time.
But establishing value is not easy.
google lawyer for the area of law you are searching for an attorney.
Much more info needed.
Why don't you write out a summary of the facts that you can present to attorneys to see if any are interested?
If they have the value you suggest you won't have a difficult time.
But establishing value is not easy.
google lawyer for the area of law you are searching for an attorney.
Q: Can we get my son out he was charged with sexual but no evidence was given
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice
for
Louisiana
on
Answered on Nov 11, 2018
Answered on Nov 11, 2018
Ellen Cronin Badeaux's answer
Your son needs a criminal attorney who has a lot more details of the case.
Your son needs a criminal attorney who has a lot more details of the case.
Q: If we have to sue for legal malpractice is there lawyers that work on contingency for cases like this?
William John Light's answer
Call another firm. You don't have a malpractice case yet because the statute of limitations has not yet expired.
Call another firm. You don't have a malpractice case yet because the statute of limitations has not yet expired.
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