Legal Malpractice Questions & Answers

Q: can an extended stay hotel refuse to continue to rent due to rumors?

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Legal Malpractice for Missouri on
Answered on Feb 26, 2019
Ronald J. Eisenberg's answer
A hotel may not discriminate against you on account of race, religion, national origin, etc., but may discriminate against you on account of merely not liking you or mistakenly believing you are selling drugs.

Q: Can you take on a Court that made an error by not filing the child visitation they ordered?

3 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Answered on Feb 25, 2019
Regina Irene Edwards' answer
This question doesn't make sense. An "error" in an order would not allow a party to move away and cut off contact with children. There is something else going on, and you should consult with an attorney who can review the court orders and give specific advice.

Q: How do I track down the attorney that settled my suit out of court?

1 Answer | Asked in Consumer Law, Personal Injury, Legal Malpractice and Medical Malpractice for Washington on
Answered on Feb 22, 2019
Timur Akpinar's answer
As a starting point, one option could be to contact Washington Courts (https://www.courts.wa.gov/) and ask them about any case information they might maintain. There are a number of legal tools for searching state and federal databases (some of these charge fees for their use); these might be useful as well. If the matter was in suit (with an index no.), that could make the chances of finding it more likely.

Tim Akpinar

Q: Is there any possible way to get a new prosecutor and judge? Is there any way to reopen omnibus or restart a case?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on
Answered on Feb 20, 2019
Thomas C Gallagher's answer
Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance to do it again, or raise similar issues in a different context. The defendant cannot influence who the prosecutor is, but can remove one judge without cause if done soon after learning which judge is...

Q: I received a letter in the mail today that threatened legal action for a debt.

1 Answer | Asked in Consumer Law, Legal Malpractice, Small Claims and Bankruptcy for North Dakota on
Answered on Feb 19, 2019
Timothy Denison's answer
If the MD stature is 3 years, then the statute has expired and they cannot sue you.

Q: Don't you have to be a felon to be a restricted person? Or have mental illness? Or have some conviction for violence?

1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for Utah on
Answered on Feb 9, 2019
Timur Akpinar's answer
You could additionally post this in the Criminal Law section. Criminal law attorneys would be able to provide more meaningful input on the issues mentioned here than personal injury attorneys would.

Tim Akpinar

Q: I was convicted of a crime and feel I've been abused by the system what should I do?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for California on
Answered on Feb 8, 2019
Louis George Fazzi's answer
Reach out to the ACLU [https://www.aclu.org/],

or contact the Innocence Project [https://californiainnocenceproject.org/?gclid=CjwKCAiA7vTiBRAqEiwA4NTO619-Cl7XEVBnG1ildi__nhZVMsPTWVi4E3yqcx9_XbJZE06PEobbxoC4JgQAvD_BwE]

You can copy and paste either link in your browser.

Focus on lawyers with criminal defense experience, and if you have family members who can help, ask them to assist you in finding a good lawyer to help you. Some of the biggest law firms in Los Angeles...

Q: I'm on the run trying to better my life and provide for my family. I need help asap please.

2 Answers | Asked in Criminal Law and Legal Malpractice for Illinois on
Answered on Feb 5, 2019
Juan Ooink's answer
No clue what your question is. If you are looking for an attorney to assist you, you need to reach out to them. Please use the Find A Lawyer tab on this site.

Q: Is it legal to film a co-worker in a workplace without their consent in NSW?

1 Answer | Asked in Legal Malpractice and Personal Injury on
Answered on Feb 4, 2019
Peter N. Munsing's answer
Not sure what you mean by NSW--if you mean New South Wales, you should consult a barrister who handles torts there--this a site for US legal issues.

In general,the situation is evolving. An employer may have surveillance of public areas (a bank). May they surveil employees? Well, they can watch them. Beyond that it varies.

Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?

2 Answers | Asked in Business Formation, Business Law, Contracts and Legal Malpractice for North Carolina on
Answered on Feb 4, 2019
Kelli Y Allen's answer
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.

Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?

1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Small Claims for Arizona on
Answered on Feb 2, 2019
Gary Kollin's answer
While not the best, the machine can be used with only the tube and not the mouthpiece.

Q: Is it illegal for someone to send demand letters posing as an attorney?

2 Answers | Asked in Legal Malpractice for New York on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Yes, it is illegal to pretend to be an attorney. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...

Q: Seeking how I ask the Bench Judge to Censure Counsel for request to Withdrawal from my case based on an erroneous claim?

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Answered on Jan 24, 2019
Griffin Klema's answer
Generally speaking, you hold the privilege (and thus the right) to keep information confidential, or to reveal it under the attorney-client privilege. Disclosing information that your attorney provided to you may not be in your best interest however, and I recommend you have another attorney review the information you want to disclose. As for pursuing your former lawyer for malpractice, those are difficult claims to prove, and you would need to start a new lawsuit against your lawyer separate...

Q: I recently was denied treatment at Merakey in Lansdale after following appropriate protocol. Is there anything I can do?

1 Answer | Asked in Consumer Law, Personal Injury, Legal Malpractice and Medical Malpractice on
Answered on Jan 23, 2019
Peter N. Munsing's answer
A doctor cannot be compelled to treat a patient. They can't abandon them, but if you and the practice had parted ways they aren't required to take you back. Rather than focus your energies on them, take care of you. Down the road you can file a complaint against them with the board that accredits them etc. But if you don't have a provider you don't want to get a reputation as a "problem patient" or you will find you won't get an appointment until 2023, at the earliest.

Sorry, but...

Q: The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc.

1 Answer | Asked in Estate Planning and Legal Malpractice for California on
Answered on Jan 23, 2019
Genene N. Dunn's answer
You usually have to start with a request as you have done so and the law typically gives them 60 days to respond. If you still aren't provided with the proper information by then your only recourse is to file a trust petition with the court. This is not a full lawsuit, but rather a petition asking for certain things from the court. It could result in litigation, but it does not automatically go there.

Q: Is not filing a default judgement against defendant by my attorney malpractice. Well over the 90 mark past the deadline

1 Answer | Asked in Legal Malpractice for Tennessee on
Answered on Jan 23, 2019
Anthony Marvin Avery's answer
NO, as Default Judgments are frequently set aside for little or no reason. Your attorney may be pursuing another method of receiving money prior to going through the motions of what would probably be set aside later.

Q: Who do I call to sue schindler for no emergency response while trapped in elevator

2 Answers | Asked in Legal Malpractice for Pennsylvania on
Answered on Jan 19, 2019
Clifford B Cohn's answer
This is not really a legal malpractice question, but a personal injury question. Most personal injury attorneys offer free consultations so Google personal injury lawyers or search Justia or AVVO in Philadelphia.

Q: My question is I fell and broke my toe.. went to the Er had X-rays done and nurse practitioners said no broken toe

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Answered on Jan 17, 2019
William John Light's answer
Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.

Q: Is there any lawyer in the Alexandria La area that is willing to help my wife end the bullying from her exhusband?

2 Answers | Asked in Family Law, Personal Injury, Child Custody and Legal Malpractice for Louisiana on
Answered on Jan 17, 2019
Ellen Cronin Badeaux's answer
Justia is not a lawyer referral service. Google Ouachita Parish custody lawyer

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