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Legal Malpractice Questions & Answers
1 Answer | Asked in Foreclosure and Legal Malpractice for New Jersey on
Q: two days after final foreclosure judgement homeowner was prepared to pay lien in full - property tax - ??

Unpaid property tax -homeowner became aware of issue in 2019 and began paying taxes since, arrears amount needed to be paid in full - due to Covid and the death of a Trustee, money to pay has been held up in the Trust. Lien holder, township and lawyers for the defendants were aware of situation... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 27, 2022

Realistically to provide you with meaningful advice and determine what your options are more information and an in person consultation will be necessary. I am not a legal malpractice attorney, so I cannot comment in that area of the law. However, my practice includes, but is not limited to mortgage... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: Hello - I am suing a law firm, a lawyer and a para legal. Ina rquest for admissions, who do I say is answering?

Do I write up a separate request for each party?

Joel Gary Selik
Joel Gary Selik answered on Mar 23, 2022

It would benefit you to do separate requests to each defendant separately.

1 Answer | Asked in Criminal Law and Legal Malpractice for Mississippi on
Q: Should a lawyer tell you he isn’t the kind of lawyer you need before he tells you to take a open plea.

And also was told some of the charges where dropped but they wasn’t and got the papers after he was sentenced and a lot on it wasn’t true. And the judge made his discussion on letters that was sent in to him.the lawyer wasn’t a criminal lawyer and I have read before you take a open plea you... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 17, 2022

From the looks of it, there may be a potential avenue for post conviction relief; however, it always depends on the particulars of a given case. Your best bet is going to be to get with an experienced criminal defense lawyer to see what, if anything, can be done.

4 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for California on
Q: What course of action do I have against an attorney that I believe is guilty of negligence and misrepresentation?

I entered in to a contract that was prepared by an attorney for my step father. I was to be paid $30,000 out of escrow for the sale of my mothers home. I fulfilled my obligations for the contract. The home sold and I was told there was no money left due to a lien. I later found out from the title... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 11, 2022

CONTACT A LOCAL LEGAL MALPRACTICE LAWYER TO SEE IF THEY THINK THERE IS A CAUSE OF ACTION FOR NEGLIGENCE.

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1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Florida on
Q: I own a rental property in foreclosure in Florida that I deeded to a single member LLC for that property only. I want

to deed it back over to my name only, dissolve the LLC , and ask the court to remove the LLC from the foreclosure case. Can I do this ?

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 10, 2022

You can do the first two but the court is not likely going to remove the LLC from the case because it had an interest in the property at the time of the foreclosure and that interest needs to be foreclosed.

1 Answer | Asked in Legal Malpractice for California on
Q: Is it a crime or a grievance for the state bar when an attorney who is divorcing hacks into wife's email account?

My ex husband is a licensed California Attorney. When we were litigating our divorce my attorney filed to be relieved as counsel because she could not "get ahold of" me. I felt our communications had been intercepted somehow. I was completely devoid of any tech know how then. At that... Read more »

Joel Gary Selik
Joel Gary Selik answered on Mar 6, 2022

Its is both.

The crime is reported to and prosecuted by the District Attorney.

The complaint is filed with the state bar.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Legal Malpractice for Arizona on
Q: If I and two others are arrested and I ask for a disclosure is it not my right to have the entire disclosure

By entire I mean audio and visual from statements given by each person arrested with me that is mentioned in the disclosure.

Richard W. Noel
Richard W. Noel answered on Mar 2, 2022

You're entitled to basic disclosure and anything that may be exculpatory in nature. Including statements made by co-defendants. Your attorney needs to ask for everything.

2 Answers | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for New Jersey on
Q: Possible medical negligence or malpractice?

I need advice.. My Father passed away on February 1. He had health conditions but his death was unexpected. Mid-January he had a nephrostomy done. The hospital refused him anesthesia for it because a COVID test was not done then gave him a fentanyl drip instead. I think the effects from this is... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 27, 2022

I'm very sorry for the loss of your father. For your question as to whether to pursue, that's a personal decision and it could additionally hinge on whether a law firm identifies the basis for a medical malpractice claim - that generally involves the input of an opinion from a medical... Read more »

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4 Answers | Asked in Legal Malpractice and Medical Malpractice for California on
Q: is there a statue of limitations on medical malpractice.my father was dropped while in hospital,he walked in and now is

in a wheelchair and has no use of his legs;he has to have 24 hour care by mother who lost her job because she had to stay home with dad

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 25, 2022

Yes there is a statute of limitations for bringing a claim for medical malpractice. When did this happen?

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1 Answer | Asked in Personal Injury, Constitutional Law, Legal Malpractice and Libel & Slander on
Q: Hello What do I need to submit to get a us citizenship waiver? I have sent my poverty statement. Thank you kindly

As above.

Tim Akpinar
Tim Akpinar answered on Feb 23, 2022

This doesn't look like a personal injury or constitutional law matter, and it will probably go unnoticed in these categories. There's no guarantee every question is ultimately picked up, but you could try reposting under Immigration Law. You'd have better chances of a response there. Good luck

1 Answer | Asked in Contracts and Legal Malpractice for California on
Q: How can I get my money back from a lawyer that I paid pay off my credit cards. He has over $10,000.00 of mine in trust

It’s in a trust fund. I paid this lawyer off early. I signed agreement for 4 1/2 years. They would never settle my debt. I have sent letters email and faxed him. That I want stop his program but won’t give my money back. This has been paid in full for 21/2 year. I have even called him and says... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 20, 2022

Small Claims Court ... get a judgement ... then execute on the judgement ... Let me know if a free consultation would be helpbul

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Maryland on
Q: If discovery states aerial photos, doesn’t the prosecutor have to provide these to defendant?

Discovery has a box checked “aerial photos“ being the basis of evidence for a search warrant of a home, wouldn’t the prosecution have to provide those aerial photos to the defense? My attorney frankly says there are no aerial photos and that the police lied to get the search warrant (to... Read more »

Mark Oakley
Mark Oakley answered on Feb 20, 2022

You should not be posting these facts on a public forum, and you need to have these private conversations with your lawyer. The state's discovery obligations are clear, and your lawyer is in the best position to evaluate the situation and take any action that is appropriate or advisable.... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: After filing basic legal malpractice pro se paperwork & having the atty served, Judge set trial next year. How long--

How long do I have to file the long form paperwork? Or do I not have to YET? The atty made a comment about his needing a responsive pleading extension. This made me think he was going to file something then I would have an atty handle the rest, but I haven't heard or received anything. Now,... Read more »

Joel Gary Selik
Joel Gary Selik answered on Feb 11, 2022

It is very common for the defense to file a demurrer instead of an answer. It does not mean you screwed up. Even if you did, most mistakes can be fixed on amendment.

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for Florida on
Q: My lawyer is violating my right to adequate representation of counsel over a year with no communication

Lawyer has no returning any of my attempts to contact and correspond also has not been present at league proceedings

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Feb 1, 2022

If you believe you have exhausted all efforts to contact and discuss your issues with your attorney and they are still not responding or unwilling to settle, you have the option of hiring another lawyer. However, keep in mind that if you terminate a lawyer, you may be charged for the amount of work... Read more »

1 Answer | Asked in Traffic Tickets, Legal Malpractice and Probate for Georgia on
Q: Is it true georgia probate courts wont suspend a new trial motion Even after The 30 day time Limit?

Soeeding ticket in georgia. The construction zone signage do not confoRm to georgia law concerning where signs should be, the distance signage should be, cop was shooting lidar right as you come out of curve at the bottom of a hill That was more than 7% grade— ( O.C.G.A. 40-14-9)—

cop... Read more »

Jammie Taire
Jammie Taire answered on Jan 30, 2022

You would need to post this in traffic tickets. This is not a probate question. Sorry.

1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for New York on
Q: Is it legal to accept money from a sale of a home if a notary falsified witnessing a signature on a deed?
Roy Warner
Roy Warner answered on Jan 25, 2022

Depends on the law in each state. However, accepting cash is legal. The problem is whether the deed can be filed, which serves as notice to the world that the person who paid cash for the property is the true owner. The deed should be corrected pursuant to the terms of the written contract of... Read more »

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for Maryland on
Q: I live here for 2 months. 12 month lease. My landlord is selling my apartment. Can I reject open house and viewing

I only been here for 2 months my lease is no where near ending. I’m in Baltimore MD and was told that she can do

The open house but do I have to agree to the viewing? What are my rights when it comes to the public viewing my personal things within the apartment

Mark Oakley
Mark Oakley answered on Jan 21, 2022

First, read your lease to see if there is a specific provision regarding this. If not, NO. An open house is NOT a reasonable request from a landlord. Reasonable inspections upon advance notice and appropriate times are generally allowed, but having real estate agents and prospective buyers... Read more »

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona on
Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?

We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

My heart goes out to you. It sounds like you're in a very difficult position.

The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency...
Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: How does one disbar an incompetent judge?

This judge may have dementia.

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

In California there is a governmental agency dad overseas judges and discipline the judges.

https://cjp.ca.gov/

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

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