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Maryland Legal Malpractice Questions & Answers
3 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Legal Malpractice for Maryland on
Q: I'm a realtor in MD and a client posted a defamatory google review...can I sue for non-economic damages?
Thomas C. Valkenet
Thomas C. Valkenet answered on Mar 28, 2022

I am also a MD broker, and we have had this question from many of our clients, over time. The answer is entirely dependent on what the review says, and the circumstance. But it is extremely unlikely that you would ever recover non-economic damages. Have you exhausted your remedies with Google? Have... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Maryland on
Q: If discovery states aerial photos, doesn’t the prosecutor have to provide these to defendant?

Discovery has a box checked “aerial photos“ being the basis of evidence for a search warrant of a home, wouldn’t the prosecution have to provide those aerial photos to the defense? My attorney frankly says there are no aerial photos and that the police lied to get the search warrant (to... Read more »

Mark Oakley
Mark Oakley answered on Feb 20, 2022

You should not be posting these facts on a public forum, and you need to have these private conversations with your lawyer. The state's discovery obligations are clear, and your lawyer is in the best position to evaluate the situation and take any action that is appropriate or advisable.... Read more »

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for Maryland on
Q: I live here for 2 months. 12 month lease. My landlord is selling my apartment. Can I reject open house and viewing

I only been here for 2 months my lease is no where near ending. I’m in Baltimore MD and was told that she can do

The open house but do I have to agree to the viewing? What are my rights when it comes to the public viewing my personal things within the apartment

Mark Oakley
Mark Oakley answered on Jan 21, 2022

First, read your lease to see if there is a specific provision regarding this. If not, NO. An open house is NOT a reasonable request from a landlord. Reasonable inspections upon advance notice and appropriate times are generally allowed, but having real estate agents and prospective buyers... 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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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 Legal Malpractice, Medical Malpractice and Contracts for Maryland on
Q: As a practicing physician contractor in Maryland, does my LLC need to be in Maryland?

I am a physician licensed in Maryland planning to do contract work with an employer in Maryland. The employer will be paying my LLC that I must set up. The taxes are lower in Virginia, so I would like to set up my LLC in Virginia. However, I am not licensed in Virginia. Do I need to set up the LLC... Read more »

Mark Oakley
Mark Oakley answered on Apr 22, 2021

You are mixing up two totally different things: (1) the right of a legal entity to regularly conduct business in Maryland; and (2) which state you owe and pay income taxes. If it was as easy as where you organize your pass-through entity, everyone would create an LLC in the states with no state... Read more »

2 Answers | Asked in Estate Planning, Legal Malpractice and Probate for Maryland on
Q: Trust Fund Mis-use

My uncle is a fiduciary to my sons trust fund. The fund was created when my mother passed. We have never seen an accounting of the money. How do we find out what's going on with the fund? He is not returning phone calls or emails or snail mail in regards to this matter.

Paul E. Draper
Paul E. Draper answered on Nov 8, 2019

Your uncle as trustee of a trust for the benefit of your son is required to provide your son or, if he is a minor, his parents with an accounting of the trust assets. Unfortunately, since your uncle is refusing to communicate with you, your son or you will be required to institute litigation... Read more »

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2 Answers | Asked in Legal Malpractice, Juvenile Law and Sexual Harassment for Maryland on
Q: If I’m born in January 26, 2000 date a girl born in December 13, 2003 without legal issues? It’s 3yrs,10months,18days
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 29, 2019

In most states adult men over the age of 18 (like you are) can be charged with various criminal violations if caught having sexual relations with an under-aged girl (like your girlfriend is). The difference in their ages is not relevant.

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1 Answer | Asked in Legal Malpractice for Maryland on
Q: A lawyer doctored a document and presented it as the original to win his case. What can be done.

Additionally the judge sealed both documents to protect the lawyer. Defendant wants both examined by an expert.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 11, 2019

Most rulings can be appealed if there was an error in the trial court's handling of the evidence. However, keep in mind that appeal rights are very time sensitive.

Separately, the Attorney Grievance Commission in this state investigates charges of lawyer misconduct.

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3 Answers | Asked in Civil Litigation and Legal Malpractice for Maryland on
Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com

I served 2 summons complaints, one on Ocwen Loan Servicing and second on U.S Bank, NA as Trustees resident agents who were different companies who had different names and addresses. The attorney for U. S. Bank, NA as Trustee is representing both Ocwen Loan Servicing and U.S. Bank on two separate... Read more »

Richard Sternberg
Richard Sternberg answered on Dec 17, 2018

It depends on whether the defendants have a potential or actual conflict of interest, which most often arises if their positions are contradictory, such as where one of them wants you to lose and the other wants you to win or when one impleads for damages from the other for your claims. If you... Read more »

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2 Answers | Asked in Legal Malpractice and Medical Malpractice for Maryland on
Q: How does lawyer suppose to return my retainer?

Using a bank check, if mailing it?

Paul D'Amore
Paul D'Amore answered on Feb 25, 2017

Unused retainer amounts are usually returned in the form of a check and can be hand delivered or mailed. The check should be accompanied by a detailed breakdown of how funds were applied to your case and an explanation for the amount being returned to you.

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1 Answer | Asked in Legal Malpractice for Maryland on
Q: What motion can I file to take my loyer back to court for misrepresentation

The name of the motion

Adam Studnicki
Adam Studnicki answered on Nov 16, 2015

More information is needed to answer. Talk to a local lawyer about your situation.

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 situation. It...
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1 Answer | Asked in Legal Malpractice for Maryland on
Q: I am the PR in Maryland the estate is closed . Can I sue for the estate against a negligent attorney
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2015

If the estate was damaged due to the negligence of an attorney yes, probably, if the statute of limitations has not tolled. You would need to move to re-open the estate.

1 Answer | Asked in Legal Malpractice for Maryland on
Q: Who does one, a layperson, contact about a possible ethics violation by attorney?
Adam Studnicki
Adam Studnicki answered on Jul 25, 2015

The State Bar of the State in which the lawyer is licensed.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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1 Answer | Asked in Legal Malpractice for Maryland on
Q: after a lawyer is used by me how long is the time that a lawyer can take another client and be against me
Paula J. Mcgill
Paula J. Mcgill answered on Sep 22, 2014

There isn't a set time. If you believe the attorney has violated ethical rules, contact the Maryland Appeals Court and file a complaint. They will do an investigation in the matter to determine if the lawyer did anything wrong ethically.... Read more »

1 Answer | Asked in Legal Malpractice for Maryland on
Q: I feel I can prove my attorney sandbagged the case. How do I proceed?

- left out key evidence in spite of numerous requests and demands.

- did not allow me to spek to the judge on numerous topics

- misrepresented evidence

- refused to correct errors

- the court would not allow me to fire her a

- the court refuses to make a decision on this

Thomas C. Valkenet
Thomas C. Valkenet answered on May 31, 2012

Anyone considering your questions has to read a transcript of the case, and review the docket. Gather these items and make an appointment. There are lawyers who focus on post conviction relief in criminal cases, and malpractice issues in civil cases.

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