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Legal Malpractice Questions & Answers
1 Answer | Asked in Child Custody, Family Law and Legal Malpractice for Oklahoma on
Q: Lawyer.told.temp.order.hearing.Judge I passed.on.hearing,but.both.parties. want.mediation.I did neither.is this.legal?

open Cust/pat. 6 months.moms withholding all contact. 3 weeks ago I insisted no more offers, time, no mediation its been 6 months. I need my kids.He filed. Medically i was not ble to be there. I asked him if we can continue it, said he will.he Emailed me: we got the continuance, but.judge.ordered... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 28, 2022

Many courts REQUIRE Mediation before a case is set for trial. This is a good opportunity for you to settle the case. Try to hire an attorney to advise you a" the mediation. Hopefully you can settle your case then. Good luck.

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Libel & Slander for Texas on
Q: Where can I get a writ of habeas corpus article 11.09 application form when charge can later be used for an enhancement?

It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...

John Cucci Jr.
John Cucci Jr.
answered on Aug 26, 2022

Habeas Corpus Writ Application forms should be available at the Court of Criminal Appeals website. If not, use the 11.07 app form and review the 11.09 rules to be sure you comply.

Good Luck!

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can judges and attorneys be held accountable?

Is it possible to pursue legal action on an attorney and judge for misconduct? The judge has already had disciplinary action With the board

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You can sue an attorney, yes. That is called malpractice.

Judges are exempt from suit because of how they ruled on your case. The best you can do is file a complaint with the Texas Judicial Board, but you need serious evidence. Merely ruling against you is insufficient. Your best way to...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Texas on
Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... Read more »

1 Answer | Asked in Workers' Compensation, Legal Malpractice and Public Benefits for California on
Q: Hi. I was Not Paid Not Any Weekly/ Monthly Indemnity while I Attended Eight Weeks of Attending Chronic Pain Doc. My Atty

My Attorney told Me I Could Not Receive Three Disability at a Time. I Attend from 2013 to 2019 with My New PTP given to Me. I did Not Get Paid Nothing. Not Even Mileage. Only My SSDI and My Pension Owed to Me. I Attend Every Month. His Assessment Read. This Man is "PTD" SHALL NOT LIFT... Read more »

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Aug 1, 2022

You may be entitled to temporary disability and permanent disability payments. However you can not collect both state disability and worker’s compensation temporary disability at the same time. That would be double recovery. You are also entitled to Milage.

More information is necessary...
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1 Answer | Asked in Legal Malpractice and Real Estate Law for North Carolina on
Q: Do I have legal recourse for a just discovered leak and damage inside walls, for a home I purchased 11.5 mos ago.

The area in question was purposely covered by a piece of furniture that fit exactly inside a closet. The end of month we'll be here 1 yr. We just moved this furniture and saw a nightmare. We had an inspection done and he never even checked. The home was built in 2019. We are 3rd owners. DR... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 28, 2022

Get your entire contract and as much information in front of a local lawyer as soon as possible. While it is likely too late to utilize the home warranty, if it exists, you can likely still file a lawsuit against some party to the matter.

1 Answer | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Legal Malpractice for Maine on
Q: Invalid prenup became valid in retaliation of reporting fraud by attorney.

My first attorney verified to the Overseers of the Bar our prenup was invalid and I lost the benefit reporting him for writing a handwritten order with my signature forged on it, which gave my husband, defendant full control of our finances.

Timothy Denison
Timothy Denison
answered on Jul 17, 2022

What is your question?

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Will you travel to Wichita Falls, TX?
John Cucci Jr.
John Cucci Jr.
answered on Jul 3, 2022

YES!

I practice all over Texas.

1 Answer | Asked in Probate and Legal Malpractice for California on
Q: Can I sue my lawyer for misrepresentation, he missed all filing dates ect.

He failed to represent me in court.

David Ostrove
David Ostrove
answered on Jun 30, 2022

You may sue your lawyer, but that does not mean that you will win anything.

You must prove all the elements of your case:

You must prove that he/she was your lawyer.

Did you have a client lawyer fee agreement?

You have to prove that your lawyer was negligent,...
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1 Answer | Asked in Family Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: Can an Amicus Attorney 1. Modify a temporary order 2. Strike all of a Pro Se's pleadings?

EXAMPLE:

The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 26, 2022

I doubt the court will strike your pleadings but you need to pay or settle the case,

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: What can I do about a bad lawyer?

I have had an assigned lawyer for 11 months. During that time she has been extremely uncommunicative, not answering any requests for info about my defense. Not confirming that she receives my calls or emails. She has not done anything in my defense to prepare for trial. Last week, prior to a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

It sounds like you have already taken the proper steps by documenting your communications and approaching the judge. Many court-appointed lawyers are overworked and underpaid. Client communications are time-consuming and are not always helpful to the attorney's preparation of a defense.... Read more »

1 Answer | Asked in Legal Malpractice for Michigan on
Q: can a letter with no name establish legal residency?
Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

If this is a follow-on question to the one posted the other day regarding residency, please note that a person can have multiple legal residences. The question turns on whether you have some intent to return. A hotel is generally not a residence because when people stay in a hotel, it's... Read more »

Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2022

You frustration is perfectly understandable. Your attorney may be frustrated also. Unfortunately, this sort of thing happens in cases all the time. You might want to discuss with your lawyer giving the opposing side a deadline to complete or otherwise there is no settlement.

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1 Answer | Asked in Legal Malpractice for California on
Q: Is it legal for attorneys to take large amounts of cash for payment?

My attorney and the firm we hired requested a payment for the retainer be paid in cash which was 25k and they sent some one up from southern california to pick up the money then came back months later to collect an additional 12.5k in cash and same person to run the money.

Joel Gary Selik
Joel Gary Selik
answered on Jun 13, 2022

While this is unusual, and potentially suspicious, there is nothing illegal about it or unethical

1 Answer | Asked in Legal Malpractice for California on
Q: Can Search Warrant Requests be filed on an Attorney and Doctor if you have legal malpractice arbitration on Attorney?

Legal malpractice case was forced into Compelled Binding Arbitration with a forged (backdated) agreement presented to Court with Declarations of factuality. Same Attorney, of own volition, attempted to hide clients pre-existing conditions in UC - removing pages of Doctors Office Intake Form and... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 10, 2022

It would be a Request for Production or Subpoena, but yes, you can seek the records.

1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: How could I go about suing a attorney for unethical reasons?

I was tricked into paying legal fees that were never owed and given directly to my ex-husband by his attorney. I have text messages proving this was done to me. Do i have any legal ground? What category does this fall under?

Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2022

To get meaningful advice about your situation, you need to schedule a consultation with an attorney for discussion of the circumstances, review of your retainer contract (if any) and the case materials, and if this was a court case, review of the court docket. You might have a legal malpractice... Read more »

1 Answer | Asked in Legal Malpractice and Personal Injury for Georgia on
Q: Is requiring a client to pay for attorney services in the event of termination, WITH or without cause, legal?

I found verbiage like this in a contract I was signing for auto injury representation. The fee for the attorney was $400 per hour, the paralegal was $100 per hour. If I have a just cause to terminate an attorney client relationship why would I have to pay for that service if the service wasn’t... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2022

A Georgia attorney could advise best, but your question remains open for a week. It could be difficult for an attorney to comment on your retainer based on a brief excerpt. Most attorneys would want to see the entire retainer to comment meaningfully. But as a general practice, personal injury cases... Read more »

Q: Case tossed from Supreme Court January 6, 2021. Dignity and Respect EEOC filed 12-21-1987. When is an agency liable…?
Neil Pedersen
Neil Pedersen
answered on Jun 1, 2022

I am sorry but your post is so short and bereft of any helpful detail that it is virtually impossible to provide you with a helpful answer. I would suggest re-posting with more information.

When you do, please state what kind of case was tossed from the Supreme Court, what you mean by...
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1 Answer | Asked in Criminal Law and Legal Malpractice for California on
Q: can a sherriff allow someone dismantle my truck cus they think it had stolen parts on it

i was arrested for 496(d) but a two year old case but at the same time they recovered a stolen truck that was dismatled the truck was exactly the same in make model and even the color as my own personal truck that was sitting right in front of it after i was in jail the police contacted the owner... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 29, 2022

it sounds like there is much more info a lawyer would need to know.

the person you should contact is the lawyer who represented you and has more info.

if you can find a lawyer, you can always go to small claims court where you can sue for up to $10k.

However, remember there...
Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: Labor board got judgmt 4 me. They didn’t record. Debtors sold home I was not paid no abstract. is this legal malpracti
Joel Gary Selik
Joel Gary Selik
answered on May 25, 2022

Unless there was something different than I have seen in prior actions of the labor board, no it is not malpractice as they took on no duty of representation. But, if the facts show otherwise it could be.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court...
Read more »

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