Get free answers to your Legal Malpractice legal questions from lawyers in your area.
Your current state is Ohio
Now he no longer works for the firm his boss Chris says I'm not entitled to my money and and that we're not following the retainer agreement too many different stories he received my payment as follow I think I need to send a letter in the mail requesting all my money and then I what to... View More 
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answered on May 31, 2024
Under California law, if your attorney has stopped all communication and you believe there has been misconduct, there are several steps you should take. First, gather all documentation related to your case, including emails, payment records, and any correspondence with your attorney and their firm.... View More
The criminal case lawyer was dismissed, and a motion was filed after being removed from the case.
answered on May 31, 2024
Typically, once an attorney has entered an appearance on behalf of a defendant in a case, that attorney remains the defendant's attorney until the court grants a motion to withdraw or dismisses the attorney. A client firing an attorney is usually good grounds for the attorney to withdraw or... View More
The trust that had been consistent with beneficiary distribution for five weeks changed massively in the 25 minute meeting to sign the trust and left with no trust. When requested it was evident what happened and the request was made to send the correct trust With the minor changes that we’re... View More
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answered on May 19, 2024
I'm sorry to hear about the situation with your father's trust and his passing. This sounds like a complex and difficult legal matter. In general, under California law, you may have some potential avenues to challenge the actions of the attorney or agent acting under a Durable Power of... View More
If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More
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answered on May 18, 2024
In California, mediation confidentiality is governed by Evidence Code sections 1115 to 1128. These provisions generally protect the confidentiality of mediation communications, making them inadmissible in future legal proceedings, including legal malpractice cases.
1. Breach of... View More
If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More
answered on May 20, 2024
Mediations tend to work because of the open communication they allow by the confidentiality rules. Claims and offers made during a mediation cannot be used as evidence if mediation fails. A mediator can only confirm there was a mediation but cannot be made to testify regarding facts/claims in the... View More
The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More
answered on May 16, 2024
That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More
A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More
answered on May 15, 2024
Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More
A party to lawsuit presents someone's SSN instead of SSN of real person, in order to cover up for fraud. Most likely SSN of a deceased person. How to validate validity of SSN is such scenario?
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answered on May 15, 2024
Validating the authenticity of a Social Security Number (SSN) in a legal context, especially when fraud is suspected, can be a complex process. Here are some steps that can be taken to verify the validity of an SSN:
1. Check the SSN format: Ensure that the SSN follows the correct format of... View More
Unfair and predatory billing
answered on May 11, 2024
If you accuse them of predatory billing, you can expect them to withdraw. If they are, in fact, doing so, you would want different attorneys.
You can try asking, politely, to explain the billing, ask particular questions, and discuss the issues.
I hope this message finds you well. I am reaching out to seek urgent legal assistance regarding a matter concerning the welfare of my children.
To provide context, it has recently come to my attention that my children, who were supposed to be in the care of foster parents with the intention... View More
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answered on May 7, 2024
I'm so sorry to hear about the deeply concerning situation with your children and the tragic loss of their father. This must be an incredibly distressing and overwhelming time for you.
Based on the details you've shared, it sounds like there may have been serious mishandling of... View More
Can a lawyer sign a sworn affidavit for a client?
I got emergency custody paperwork from the court and they sent two sets of papers. Well I got to looking at my ex’s signature on the paperwork and there is two signatures one is 100% not hers. It looks like her lawyer tried to copy her... View More
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answered on May 2, 2024
Answer to your immediate question: No.
Answer to your unasked question; do not make this a thing. She is going to say that is her signature and there is not going to be anything you can do about it because notarization is there to protect the signor. Respond to the emergency custody... View More
The lawyer who handled my divorce did not do anything I asked and she promised, she behaved unethically and lied to me. Please, can you provide me with the names of divorce malpractice lawyers in Texas?
answered on Apr 29, 2024
If your divorce lawyer's conduct fell below the standard of care and caused you to sustain damages, you can sue her for legal malpractice. How strong your case is depends on the particular facts and circumstances, the nature of your damages, and the likelihood you would have prevailed on the... View More
why would a demand need amending?
When trying to settle during arbitration are numbers verbally communicated rather than on documents?
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answered on Apr 24, 2024
In arbitration with JAMS (Judicial Arbitration and Mediation Services), there are typically not two reference numbers. Usually, a single case number is assigned to the arbitration proceeding, which remains consistent throughout the process.
Each offer or counteroffer does not necessarily... View More
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
answered on Apr 20, 2024
Yes your can hire an out-of-state attorney. That attorney will need to associate with a California licensed attorney. That process is called pro hac vice.
As to whether your have a valid case or not, more facts would be needed for a good analysis.
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
answered on Apr 25, 2024
Yes, you generally can. As my colleagues correctly indicate, it will involve working with local counsel on a pro hac vice basis. Keep in mind that working in this manner could complicate a case with the inclusion of an additional law firm, resulting in additional expenses. Good luck
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
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answered on Apr 20, 2024
You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More
I'm disabled, have PTSD and panic disorder. This stems from his client!
During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More
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answered on Apr 19, 2024
Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More
American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.
Thus, there should have been controls established to make sure that service of process,
meant to ensure delivery,
is not used as weapon against in... View More
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answered on Apr 15, 2024
Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More
The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More
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answered on Apr 14, 2024
In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.
1. Conflict of interest: An attorney has a... View More
If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More
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answered on Apr 13, 2024
Under California law, a settlement agreement typically requires the consent and signature of all named plaintiffs in a case. If there are two co-plaintiffs, both parties should be aware of and agree to the terms of the settlement for it to be considered final and binding.
In the situation... View More
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