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Louisiana Legal Malpractice Questions & Answers
2 Answers | Asked in Real Estate Law, Legal Malpractice and Patents (Intellectual Property) for Louisiana on
Q: If I purchased a house for me and my deceased wife can her children take me to court and take my house
Kevin E. Flynn
Kevin E. Flynn answered on Feb 28, 2021

This was listed as Patents Intellectual Property. That is what I do and this is not a question I can help you with. Perhaps you should add Family Law and Probate.

Good Luck.

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1 Answer | Asked in Legal Malpractice, Civil Litigation, Elder Law, Estate Planning and Probate for Louisiana on
Q: Can a Paranoid Schizophrenic with hallucinations, bipolar disorder, etc sign a legal will in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 16, 2021

They can sign it but it can be challenged with proof of that diagnosis.

1 Answer | Asked in Criminal Law, Banking, Elder Law and Legal Malpractice for Louisiana on
Q: As private caretaker of elderly client, children are accusing me of extorting the dad. He wrote checks from his personal

All that was written and allowed were verified by bank each time by account holder

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 4, 2020

If you are getting anything as a private caretaker, it should not exceed an hourly wage or weekly salary.

1 Answer | Asked in Legal Malpractice, Criminal Law, Personal Injury and Municipal Law for Louisiana on
Q: What Are The Legal Definitions Of Self Defense And Of Lex Talonis?

Dixon

E. Alexander Laird
E. Alexander Laird answered on Aug 23, 2020

In Louisiana, a person has a a right to use force to prevent imminent injury. But the force must be reasonable and apparently necessary. You do not have a duty to retreat.

You must also not be the initial aggressor in the confrontation.

1 Answer | Asked in Divorce, Legal Malpractice, Criminal Law and Libel & Slander for Louisiana on
Q: What Is The Legal Definition Of Entrapment?
E. Alexander Laird
E. Alexander Laird answered on Aug 20, 2020

This is a common question and subject to many misinterpretations.

Entrapment is a defense to criminal charges. The basis for entrapment occurs between an officer and defendant before or during the alleged crime. When an officer coerces or uses overbearing tactics to induce someone to commit...
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1 Answer | Asked in Municipal Law, Criminal Law, Legal Malpractice and Wrongful Death for Louisiana on
Q: Can A Municipality Issue A Warrant And Arrest You For Not Appearing At A Court Date That You Were Never Summoned To?

Water Bill Utility Autopayment Overdraft That Somone Else Set Up - Charged With [Issuing Bad Checks]

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 20, 2020

You need to hire an attorney to get the warrant recalled.

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: Can I legally be investigated with out my knowledgement
Stephen Rue
Stephen Rue answered on Jul 11, 2020

Yes

1 Answer | Asked in Family Law and Legal Malpractice for Louisiana on
Q: i seen many people move out at age 17 in louisiana. i turn 17 in apri, is it legal if i decide to move out too?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 18, 2020

No you are a minor until you turn 18.

1 Answer | Asked in Legal Malpractice, Personal Injury, Real Estate Law and Civil Rights for Louisiana on
Q: I need help I am not able to drive or walk down la trace rd to my home how can this be legal

Nabors will not give me access to my property on la trace rd passed his house I need help

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 5, 2020

You should seek the help of an attorney who handles property matters to determine if you have a servitude (or right of passage) across your neighbor's property. If so, that attorney can help you enforce your rights. Good luck

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: How and what to file suit against an attorney for delay tactics and the emotional distress and monetary losses associate

The case has taken more than 5 years. Every time there is a deadline it is missed. We submitted a piece of evidence into record and the attorney was given 15 days to reply with its admissibility. That was 49 days ago. This is a trend and I believe it is to try to run my funds dry so I cannot... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jan 22, 2020

If you believe your lawyer has committed malpractice on your case, you should consult with another attorney to review your file and advise whether he agrees. You have a right to receive either the original or a copy of your file.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Louisiana on
Q: I found someone who had overdosed and called 911. I was arrested for drugs and there were no drugs found is this legal.

I found a friend od. I called 911 police and emt arrived. They searched house but there were no drugs. They searched my purse and I had bc powder in a bottle of tylenol. And was arrested charged with possession n man. Of herion. They tested it for cocaine but refused to test for her. I had to spend... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 10, 2019

Jeez good deed really punished you. A criminal attorney should be able to wrap this up.

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: What is the remedy when a lawyer has made a false allegation that molestation of a minor child occurred?

I am not the accused in the matter. Though during the course of a trial my ex-wife's attorney made a statement that my son was molested despite not offering any foundation or evidence. He went on to claim ignorance of what the criminal definition of molestation is. Ignorance of the law is... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 19, 2019

If the statements were made in the course of litigation it is likely that the attorney is immune under the litigation privilege from civil suit. However, statements made in court that are not supported by the record or evidence can be ground for sanctions by the board - although that is for the BPR... Read more »

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... Read more »

Edward X. Clinton, Jr
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... Read more »

Bruce Alexander Minnick
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
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
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
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
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
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
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 »

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