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Louisiana Legal Malpractice Questions & Answers

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Legal Malpractice for Louisiana on

Q: I had a mild heart attack brought on by a proposed eviction supported the succession attorney hired by sister. recourse?

Sisters atty encouraged her to propose my eviction in order to sell my late mothers home. My understanding is that I am equal share holder in ownership & cannot be evicted. Also I’m disabled - stroke 4yrs ago. I’ve lived with my mom for 18yrs. When I received this proposed eviction, my blood... Read more »

Edward X. Clinton, Jr answered on Jun 21, 2019

I am sorry you had a heart attack, but the heart attack was not caused by the eviction or the attorney so, no, you can't sue them.

2 Answers | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for Louisiana on

Q: In a BFD, what are seller's rights when it comes to buyer damage to the property & missing payments every month?

Buyer's real estate agent has taken advantage of my elderly parents since the start. Buyer has failed to make payments on time every month since signing. 45 days have been given each time. The contract said for improvements to be made to houses and property. None have been made. Rather the houses... Read more »

Bruce Alexander Minnick answered on May 28, 2019

Contact a Louisiana real estate lawyer to help the sellers enforce the contract.

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2 Answers | Asked in Family Law, Personal Injury, Child Custody and Legal Malpractice for Louisiana on

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

Case is in Ouachita parish.

Tired of the deception and tired of being ignored because the ex is a police officer. Is there anyone out there who isn’t scared to fight for the truth, and protect my wife from this vindictive liar who uses his position to get away with his mission to punish... Read more »

Ellen Cronin Badeaux answered on Jan 17, 2019

Justia is not a lawyer referral service. Google Ouachita Parish custody lawyer

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Q: Can we get my son out he was charged with sexual but no evidence was given

Ellen Cronin Badeaux answered on Nov 11, 2018

Your son needs a criminal attorney who has a lot more details of the case.

1 Answer | Asked in Legal Malpractice for Louisiana on

Q: Why immigration lawyer would sign up for a case knowing case will fail, case would not work. Is it malpractice or scam?

Over year ago my attorney promised to get immigrant visa for my mom and my brother- her minor child. I read everywhere it was impossible because she is an immediate relative and cannot have any derevatives but he reassured me he could do it, took approximately 6k for work - signed the contract... Read more »

Douglas Lee Bryan answered on Jul 10, 2018

I am nor familiar with immigration law, so I cannot comment on whether the lawyer's reassurances were legitimate. However, I would suggest you get a second opinion from another attorney who does handle immigration matters. Also, you may want to consider filing a complaint with the Louisiana... Read more »

1 Answer | Asked in Legal Malpractice for Louisiana on

Q: If our father was involved in the lawsuit and died before receiving the money.... And now the lawyer refuse to pay us

Douglas Lee Bryan answered on Jun 26, 2018

A succession most likely needs to be opened to ensure that all of the necessary heirs receive their portion of any recovery. The attorney should let you know what needs to be done to receive your share of any recovery. Should you have any difficulties in dealing with the attorney, I would suggest... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice for Louisiana on

Q: Can a lawyer file a mortgage modification with missing documents to obtain a executor process to seiz property

I was fighting citi mortgage for over 5 years with a dispute in my modification sign contract, the contract states in full detail that I had a full year before their could Do any changes to my sign contact . Before a month was up they raise it, I refuse to pay it, and they foreclosed and we went to... Read more »

Douglas Lee Bryan answered on Jun 8, 2018

If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Legal Malpractice for Louisiana on

Q: I recently fired my attorney and I have in writing and on voicemail him stating I get a full refund. Then he charges

$500 for what he says is 2 hours of work. How do I get my money back like he originally stated ?

Douglas Lee Bryan answered on Apr 26, 2017

A lawyer has the right to charge what is a fair fee. If he promises a full refund, however, you have the right to enforce that promise. If he or you contests what is owed (or what is a fair fee), you have the right to ask the Office of Disciplinary Counsel in Baton Rouge to intervene. They can... Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for Louisiana on

Q: Can a judge dismiss my brother's attorney because he defended the other person charged before?

My brother and his friend were arrested for the same crime. They were represented by different attorneys at trial. The judge dismissed my brother's lawyer because his lawyer defended the other person charged with the crime in a previous case. Is that legal?

Peter N. Munsing answered on Aug 18, 2016

Not totally usual but not unusual.Focus on getting a new attorney--locking horns with a judge doesn't help your brother.

1 Answer | Asked in Energy, Oil and Gas, Environmental and Legal Malpractice for Louisiana on

Q: Is it legal for the town or city you stay in ,to turn off your water & gas supply, in Louisiana

If your neighbor is caught using your water hose after their water has been cut off?

Peter N. Munsing answered on Aug 3, 2016

If you have paid your gas and water fees, I don't see that it would be.There would have to be a shut off notice for each, I believe.

2 Answers | Asked in Consumer Law, Legal Malpractice and Libel & Slander for Louisiana on

Q: I was sued ifor over $24,900 for a $5,100 loan (estimate) A vehicle was repossessed for collateral in 2003. Is it legal?

Lawsuit in 2003, 1999 truck repossessed in 2004, default judgement in 2003..Revived judgement in 2012 & wage garnishment after my wife (married 2012) in 2015 for community regime . Claims to not have sold vehicle for collateral .. Is this legal ? I ordered a car fax & vehicle was sold less than 45... Read more »

Peter N. Munsing answered on Aug 3, 2016

You need to consult someone who represents consumers. Go to www.naca.net

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2 Answers | Asked in Civil Litigation, Communications Law and Legal Malpractice for Louisiana on

Q: tained a default judgement and my attorney whom I fired did not confer with me to give opposing counsel a extra day

I obtained a default judgement and my attorney whom I fired did not confer with me to give opposing counsel a extra day to answer. Me not knowing she gave such permission went on the record and obtained judgment. Opposing attorney is now filing for a vacate judgement so what are my legal grounds I... Read more »

Peter N. Munsing answered on Jul 9, 2016

No, it's not malpractice to give what are normal professional courtesies. If your former counsel gave the extension, and the other side relied on it, and they filed the answer in time, I suggest you tell them you will agree to vacate the judgment and allow them to answer--a judge will do it anyway,... Read more »

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1 Answer | Asked in Legal Malpractice for Louisiana on

Q: need help on an attorney who committed fraud during trial

Adam Studnicki answered on Nov 14, 2015

You can use the find a lawyer tool, or google, to search for local malpractice lawyers.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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1 Answer | Asked in Legal Malpractice for Louisiana on

Q: Can I file a complaint against a attorney who handle a case for me in 2001.in which the person stole my money

Adam Studnicki answered on Aug 20, 2015

More information is needed to answer, and there are strict deadlines for making legal claims so talk to a local lawyer about your potential case ASAP!

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given...
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