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Legal Malpractice Questions & Answers
2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?
Domenic J. Celeste
Domenic J. Celeste answered on Oct 9, 2021

For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching... Read more »

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1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Car Accidents and Legal Malpractice for Iowa on
Q: Definition of/penalties for lawyer perjury when sworn in as a witness in IA.
Tim Akpinar
Tim Akpinar answered on Oct 9, 2021

An Iowa attorney could answer best, but your question remains open for two weeks. If this involves motor vehicle accident litigation, your selection of categories makes sense. However, this could also be something that an attorney who deals with criminal law/professional conduct matters could have... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: Is this ineffective counsel? Malpractice?

Bailey v United States 2013 is about a man who had left his house just as it was about to be searched and was stopped, without probable cause, less than a mile away. The search warrant was valid and it was obtained based on the word of a confidential informant. Drugs and guns were found and Bailey... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 7, 2021

much more info is needed.

without ALL the facts it is impossible to answer your legal question with specificity.

you have a lawyer, who I assume knows the law, and s/he advised you of a course of action. I suspect there is a reason for that.

pose that question to your...
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1 Answer | Asked in Legal Malpractice for Missouri on
Q: Attorney dropped me without valid cause. I cannot find another atty. Does the firm have responsibility to represent me?

My attorney has put my current legal case in jeopardy. I cannot find other representation nor do I have the money to start over. This attorney exhibited lack of knowledge of my case, he miscommunicated terms, and was not transparent in relaying settlement terms. He pushed the agenda of opposing... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

If a lawsuit has been filed then the attorney needs to file a motion to withdraw and the court must grant the motion before the attorney is off the case. You may oppose the motion to withdraw; however, given your dissatisfaction with the attorney I don’t believe you’ll be satisfied with... Read more »

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: I have an audio recording of my lawyer for breaking the law. Can I sue him?

I am an epileptic. My audio device accidentally recorded my lawyer make an agreement to lose my case. On the FIRST morning of the lawsuit trial between me and the defendant, my lawyer and the defendant's lawyer were a short distance away from me. I have a little brain damage and was medicated.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

Much depends on what the paper was. From the conduct of the lawyer to keep trying the case--when I'm assuming he is not paid by the hour but on a contingent fee, doesn't make sense if he's not going to try.

You need to get the recording re-recorded so it's not...
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1 Answer | Asked in Legal Malpractice, Contracts, Copyright and Criminal Law for California on
Q: If I reveal that I saved sensitive info my boss wanted gone, what are the legal ramifications?

I may or may not have a copy of sensitive information (I work in security) which my boss asked me to delete completely. If I reveal publicly that I have this information, what should I expect to happen from a legal standpoint?

Dale S. Gribow
Dale S. Gribow answered on Sep 25, 2021

more info is needed.

I suspect you had a Federal job and signed an agreement when employed, that you don't want to violate.

I am not a Federal Criminal Lawyer, but I would bet that disclosing the info would be a criminal offense, and could lead to your arrest and prosecution....
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1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Rights and Legal Malpractice for California on
Q: EMT could not perform job detail and worsened my injury

after 2 calls to 911 and aprox. 25 min, 2 5 foot female EMT and one firefighter arrived. I live 5 blocks from firehouse. the ambulance came from another county two towns away. They never gave me medical attention on site. they pushed and nudged my shoulder to get up and walk to their gurney, which... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Sorry to hear that your medical condition caused you pain. What you have is a potential "Governmental claim" and you should seek the assistance of a local Personal Injury attorney. You have a limited time to file a "Government claim form" against the agency that provided the EMTs.

1 Answer | Asked in Legal Malpractice for California on
Q: Can I sue a free legal aid lawyer for failure to deliver legal services and working/talking with the plaintiffs attorney

She failed to go to my court date to emergency xparte to appeal a judge's default decision on a unlawful detainer due to my absence on the original court date. She then later mislead me by saying that the judge wouldn't appeal his decision even tho my landlord hadn't gave me any... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

You are entitled to terminate your relationship with your attorney at any time. Sorry to hear you are having such problems regarding your living situation at this difficult time. Legal Aid attorneys usually deal with defending indigent people (people who cannot pay for legal services) against... Read more »

1 Answer | Asked in Family Law, Legal Malpractice and Contracts for Arizona on
Q: Hello, My question is, is it legal for a family member or anyone else to become an gaurdian without the person being

Without the person knowing? For some reason I couldn't finish my question.

Thank you

Mike Branum
Mike Branum answered on Sep 21, 2021

In an emergency situation it would be possible to obtain a temporary guardianship without the person's knowledge. A permanent guardianship would not likely be granted without having the ward appear before the Court.

Q: I need a lawyer to represent me in a case against the juvenile detention agency in san Diego county
Tim Akpinar
Tim Akpinar answered on Sep 20, 2021

A California attorney could advise best, but your post remains open for two weeks. You could continue to await a response here, but it could be difficult for an attorney to reply - this is only a Q & A board. Some options you could consider include looking into sites that do operate as attorney... Read more »

1 Answer | Asked in Employment Law, Legal Malpractice and Workers' Compensation for Minnesota on
Q: Are mandatory tip pooling and taking away tips from others if unsatisfied with the work legal?

Employer is doing madatory tip pooling, along with giving our tips to the following morning shift if not satisfied by our work at the end of the night. The daughter of the owner's works mainly morning shift almost everyday. Most of the emplyees are minors including me. There are about 18... Read more »

Paul Lelii
Paul Lelii answered on Sep 20, 2021

You should make your parents aware of this matter and if they choose, they can call me to discuss your options. Another avenue is to have your parents contact the MN Department of Labor and Industry's wage and hour division. Hope that helps. leliilaw.com

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for Wyoming on
Q: If my brother died by suicide while on probation and in treatment, can we sue them for emotional damages?

They exacted a warrant illegally on my parents house, took kids with no cause, and convicted my mom and brother. Even though my brother admitted to all in the house, they still charged my mom n convicted her under coersion.

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

This would be a tough case for a number of reasons dealing with proof, showing the cause was that and not an underlying issue. Suggest you contact the Wyoming Civil Liberties Union, ask for their prison rights group, ask them for the names of some of their "cooperating attorneys." Those... Read more »

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Did my lawyer break the law?

A few days before my lawsuit trail my lawyer explained to me that he had an agreement with the defendant's lawyer. Whichever side lost would not appeal the jury decision. Our side lost; right after the jury's choice was heard I was reminded there could be no appeal.

Was that... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

If you wanted to do anything as to the attorney your time ran two years ago (assuming the trial was four years ago). It's not unusual to have agreements like that but usually they are tied to something called a high/low where if you lose you get the minimum, if you win, you only get up to the... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Legal Malpractice for Maryland on
Q: I was given 2 responses but I dont know how to respond directly. I signed with my current Attorney in Oct of 2019.

Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec... Read more »

Mark Oakley
Mark Oakley answered on Sep 16, 2021

You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and... Read more »

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1 Answer | Asked in Consumer Law, Legal Malpractice and Federal Crimes for California on
Q: If a lawyer separates settlement money from the awardee by investing the funds which end up being diverted is it legal?

Is the refusal to release the funds to the client by investing or stalling embezzlement?

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 15, 2021

Sounds bad. The BAR can answer this for you, given more specifics.

2 Answers | Asked in Bankruptcy and Legal Malpractice for Maryland on
Q: Currently in an active chapter 13 and I'm pretty sure my attorney royally screwed up. I need to know if I have a case.

If so - I want all my debt cleared and mine and my spouses credit score back to the 700's. If you are willing to look at my case - please let me know. I really could use some help

Anna L Self
Anna L Self answered on Sep 15, 2021

No one an give you an opinion on this board without reviewing your case. And even if your attorney "screwed up royally" there is not way to get your credit score to the 700s.

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1 Answer | Asked in Immigration Law and Legal Malpractice on
Q: my sponsor has withdrawn my PR without my noticedon't know the reason for cancelling. he is in Canada and not responding

I need help to address this issue as I'm the applicant

Kyndra L Mulder
Kyndra L Mulder answered on Sep 14, 2021

PR generally refers to Permanent Resident. That being said, you question makes no since.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: What can I do when my attorney won't return my retainer?

I asked for the money back within 24 hours of payment. The attorney ignored me for a week, until I brought up matters of trust funds and attorney obligations in an e-mail. Then I was contacted almost immediately. Contract makes no mention of non-refundable and attorney agreed to return the funds.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

I suggest you drop off a written request or send one certified return receipt requested. Then contact the attorney-client dispute resolution committee of the bar association for the county where the lawyer practices.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Can I sue my lawyer for malpractice?

After their testimonies unwittingly showed their motor vehicle hit my bicycle, my lawyer did not question the defendant's witnesses over their words at their cross examinations. He also did not raise their statements at his closing argument before the jury! We lost the jury decision.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

The lawyer may have had tactical reasons for doing what he did. Jurors may have looked at other issues. Your attorney was, I assume under a contingent fee. He had every reason to do his utmost to win. If he and you believe it's against the weight of the evidence he can file an appeal. That... Read more »

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