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Legal Malpractice Questions & Answers
3 Answers | Asked in Bankruptcy and Legal Malpractice for California on
Q: If a private person without a corporation is coerced into filing Chapter 11 bankruptcy, when it's not even necessary,

My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June 11,2019... Read more »

Michael Jay Berger
Michael Jay Berger answered on Jan 10, 2020

Have your friend call me 310-271-6223.

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1 Answer | Asked in Child Support, Family Law and Legal Malpractice for Illinois on
Q: Child support in Illinois: college student plus child with disabilities. My lawyer refused to do as I asked.

My ex and I originally compromised on our initial child support agreement. He offered a generous amount until the youngest of 4 kids was 18. I had always been stay at home mom. Because of his generosity (no calculations or % when it was still law), I did not seek maintenance. Then when oldest is... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

It is probably too late to seek maintenance, although you may have a very slim chance by arguing you and your ex were mistaken as to the facts involved when you made your choice. A judge can consider (and award) college expenses and can take into account the added expense of raising a disabled... Read more »

1 Answer | Asked in Domestic Violence and Legal Malpractice for California on
Q: Lawyer is not helping me retrieve my confiscated items from the case he was hired to work, what do I do?

I had a bunch of personal items (cellphones, passport, tablet) confiscated and held in police lockup when I got arrested back in July 2019.

The case is now long over, I've been out for 3 months and even though I was told by the judge that I can get my items back my lawyer has not retrieved... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 9, 2020

more info needed.

did you hire this lawyer or was he court-appointed?

either way s/he should be more client-friendly.

if you feel the lawyer is doing something wrong and you don't want to spend the money on another lawyer to assist you, one alternative is to call the state...
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1 Answer | Asked in Contracts, Civil Rights and Legal Malpractice for California on
Q: I was injecting crystal meth not sober with all accident attorneys.

So incompetent not sober I read the law book caljic3.31.5 illegal. I got evidence proof not sober criminal history. They were all seeking advantage of me white collar crime. Ability to suspend their bar licences at the state bar of ca?

William John Light
William John Light answered on Jan 9, 2020

Maybe, if you have some evidence. Testimony, alone, from a meth user probably won't be very persuasive.

1 Answer | Asked in Contracts, Landlord - Tenant and Legal Malpractice for California on
Q: My fianceand I leased a housefor 1 year. She has since moved out on around beginning of Dec. I still live in the house

. I was under the asumption shes basically abandoned her access and Say so concerning entering without my permission.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

What is your actual question?

1 Answer | Asked in Divorce, Estate Planning and Legal Malpractice for Kentucky on
Q: Ex wanting me to give up on legality of home (both names) and I refuse. Can I fight?

2007, lost his job for failing a drug test. Had a few temp jobs for a few days, decided I could carry it all. I worked 2 jobs, paid everything until I got scared and left in 2012. He applied for disability. Got 20 grand lump and lost his mind. Taking my things, being verbally and emotionally... Read more »

Timothy Denison
Timothy Denison answered on Jan 6, 2020

Absolutely you can fight. If it was acquired during the marriage, it is half yours regardless of who’s name it is in.

1 Answer | Asked in Business Formation, Business Law and Legal Malpractice for California on
Q: Is there anything legal that can help i feel as if they are committing a crime as a shady business

I bought furniture from ashleys and it was delivered damaged. Called the same day and filed a complaint. Yet they want to send a tech fo my house to bring it up to manufacturing standards. They want to fix it instead of swaping it with a new one. And they denied my request to swap for a new one . I... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Jan 5, 2020

The short answer is to let them know that if you do not get "what you paid for" … then you will want to post an adverse review on Yelp and to take them to small claims court to get your money back and/or to receive what you paid for.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Illinois on
Q: So I went from 50/50 custody to 3 days a month! I filed motions and judge laughed and told me I'm no lawyer.

I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm not aloud to... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jan 3, 2020

There are attorneys that offer paid coaching and drafting services.

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for New York on
Q: Is it legal for employers to find a way to kick out their employees or push them out so that they can leave ???-help

Need info on department of labor laws or employment laws

V. Jonas Urba
V. Jonas Urba answered on Jan 2, 2020

If you do not have a specific term of employment agreement (i.e. Jan 2020 thru Jan 2021) nor do you have a union collective bargaining agreement that protects everyone in the union nor do you work for the government then chances are pretty high that you are "at will".

Being "at will" means...
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1 Answer | Asked in Legal Malpractice for New Hampshire on
Q: Can someone get fired from job for practically no reason which i was under the impression i had my job still. Guess not

Weekend was over and i get blind sided late sunday out of no where. And i got bills to pay and 3 kids to support.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Jan 1, 2020

Every case is fact dependent. There is nothing in your question that states anything an attorney could work with.

3 Answers | Asked in Legal Malpractice for New Jersey on
Q: How long should it take for a lawyer to respond to his clients questions and inquires?

My lawyer NEVER returns voice mail or my written letter(s). What should I do?

Tim Akpinar
Tim Akpinar answered on Dec 28, 2019

Within a reasonable time. It doesn't necessarily mean an instantaneous response - an attorney could be in court or deposition when a voice-mail arrives. But within the same day is considered reasonable by many to return calls. If someone is very busy or has pressing circumstances, the following day... Read more »

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1 Answer | Asked in Legal Malpractice, Child Support, Civil Litigation and Public Benefits for Florida on
Q: How do I file a response to a motion from DOR for ridirection of payment?

I received a motion that my very bad attorney said nothing about and that was on the 5th and I went into the hospital for cancer surgury right after. My ex has been fraudulently receiving medicaid benefits while she has been running a lucrative side business and I have the PI reports. I have never... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 25, 2019

Even if your attorney has moved to withdraw, she is still obligated to respond to this motion until her motion is granted. Condition your consent to withdrawal upon your being given sufficient time to find another attorney and for that attorney to respond to the pending motion.

1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: My employment attorney was granted a motion to be relieved as counsel can I object or stop my case being dismissed

I have a retaliatory and hour and wage case set for trial and my attorney filed without my consent a motion to be relieved can I fight it and what forms

Neil Pedersen
Neil Pedersen answered on Dec 23, 2019

Your question is a bit confusing. The headline says the attorney was granted the motion to be relieved. The question however suggests it is still a pending motion.

Yes you can try to oppose the motion, but there are strict deadlines for doing so. However, the only real basis you would...
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1 Answer | Asked in Legal Malpractice for Texas on
Q: Can I file grievance against my attorney even tho my case still pending or should I get a legal malpractice

My attorney failed to show the judge I was the owner of property on an eviction case and he didn't show up. My case defaulted I owe the court fees now. He didn't fight for me. He also did nothing in my 2nd court. He failed to show my deed.

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Dec 16, 2019

You should post that question in landlord tenant, not family law.

1 Answer | Asked in Criminal Law and Legal Malpractice for Oklahoma on
Q: What information do I need to obtain in order to get proof of my attorneys malpractice
Brian Boeheim
Brian Boeheim answered on Dec 14, 2019

Not sure what you are asking? If you want to see if they have malpractice insurance, then like any type of insurance, your attorney should have a policy he/she can show you.

If ont he other hand you are speaking of a failure on the attorney's part to do their job, which caused you...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Louisiana on
Q: I found someone who had overdosed and called 911. I was arrested for drugs and there were no drugs found is this legal.

I found a friend od. I called 911 police and emt arrived. They searched house but there were no drugs. They searched my purse and I had bc powder in a bottle of tylenol. And was arrested charged with possession n man. Of herion. They tested it for cocaine but refused to test for her. I had to spend... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 10, 2019

Jeez good deed really punished you. A criminal attorney should be able to wrap this up.

2 Answers | Asked in Child Support, Divorce, Family Law and Legal Malpractice for Georgia on
Q: There's a mistake on my final divorce decree is it still Legal it's a written mistake

I was unable to get a lawyer I've been a stay at home mom since I was 6mo prego our son is 3 he filed I couldn't afford council so he was awarded primary custody we have joint custody there was mental verbal emotional and some physical abuse and he cheated and I have proof of everything which I was... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Dec 10, 2019

What is the mistake? There are details to your case that we would need to know in order to provide you with guidance. You should consult with an attorney who can review the facts in detail and present you with the options and guidance. -Homer P. Jordan IV, Esq. 404-620-1558

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1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: negligence, malpractice, breach of contract. unresponsive causing life issues

what do I do if an firm is holding money owed to me in a IOLTA and refuses to give info or release funds. The attorney who represented me now has his own firm and they have shut him out and will not provide him info after promising to release monies owed to me. I have been in this battle for over 1... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 5, 2019

Contact the Tennessee Board of Professional Responsibility ( this is the board that governs lawyers). This office can assist you with complaint or disputes with your attorney.

1 Answer | Asked in Foreclosure and Legal Malpractice for Illinois on
Q: My home was foreclosed on and taking all the way to a default motion.This was done off a piggybacked summons 2-619.3.
Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

I am not sure I understand this question to be able to provide an answer. In terms of foreclosure, if there is no timely answer to the complaint, a Plaintiff may move for "default". This typically addresses the issue of whether the Plaintiff has a right to foreclose. After that, there is an... Read more »

2 Answers | Asked in Personal Injury, Products Liability, Health Care Law and Legal Malpractice for Alabama on
Q: Child’s doctors office didn’t return calls, gave bad advice over phone about 4 week old baby.

I called my child’s doctor office multiple times trying to get a appointment for that day and wasn’t getting a response, I told them my child’s symptoms and his age multiple times only to get a call 30 minutes before they closed. The lady on the phone told me she would go ask a doctor and... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 25, 2019

I'm sorry for the ordeal your baby and you, as a parent, went through. A med mal attorney would likely want to review the records with a medical professional to make a more meaningful assessment. In terms of the telephone exchanges, an attorney would have additional questions regarding what was... Read more »

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