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Michigan Legal Malpractice Questions & Answers
2 Answers | Asked in Personal Injury and Legal Malpractice for Michigan on
Q: Did my lawyer keep some of my settlement money from a severe personal injury claim ? He was not transparent with me...

The lawyer was expecting me to just trust him when he told me the settlement amount. I asked for documents/proof along the way and he ignored me, but pressured me to settle earlier than he had priorly recommended. When I asked about his prior recommendation to wait a longer period, he denied he had... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2024

The settlement checks are generally deposited in the attorney’s attorney-client trust account. The client is then given a check from the trust account. If the check was not from the trust account, it would be suspicious.

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1 Answer | Asked in Divorce, Civil Rights, Domestic Violence and Legal Malpractice for Michigan on
Q: My lawyer refused to submit my evidence during the entire process. The judge rendered the final "opinion. My husband's

Lawyer filed a clarification and prayer for relief. I need to submit my evidence. Can I do that? Is there a time limit? My final hearing is 1/8/23.

James L. Arrasmith
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answered on Dec 31, 2023

If you believe your lawyer failed to properly represent you by not submitting crucial evidence, this is a serious concern, particularly in a divorce case where such evidence can be critical. It's important to understand your options for addressing this issue.

The possibility of...
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2 Answers | Asked in Legal Malpractice for Michigan on
Q: Does a County Prosecutor have a responsibility to protect a community?

On February 2nd, I went to Alpena County Prosecutor, C.M., to ask for help and to ask what I should do with the evidence I had documenting that my lawyer, M.E. had swindled me. M**** receptionist threw me out on my ear. When I called later, I was told that if I contacted the Prosecutor's... View More

Brent T. Geers
Brent T. Geers
answered on May 30, 2023

Adding to Mr. Selik's answer: sounds like you have a contract dispute (e.g. you paid X, expected Y services, and received Z services instead) with the attorney, which is a civil matter properly addressed through a lawsuit or AGC action.

The prosecutor's job is to prosecute crimes...
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1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: What do I do when my lawyer violates attorney-client privilege and lies to the Michigan Attorney Grievance Commission?

The Michigan State Police and the Michigan Attorney Grievance Commission are investigating Michelle Elowski's legal practices. I have an open court case against her for conning me out of $25,000. The judge told her to work with me so she got an attorney and the both of them disappeared.... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

If an attorney has violated your attorney-client privilege and disclosed your confidential communications with the attorney to a third party, you should hire an attorney who practices in the area of legal malpractice to sue the attorney for any legally compensable damages you have sustained as a... View More

1 Answer | Asked in Legal Malpractice for Michigan on
Q: How do I subpoena professional and non professional witnesses? How can I have my children be heard?
Brent T. Geers
Brent T. Geers
answered on Mar 7, 2023

If you are asking these sort of questions, you absolutely need an attorney. There are a whole host of issues you need to think about to get witnesses. It starts, of course, with filing an appropriate complaint, petition, or motion to be heard.

Some "professional" witnesses may be...
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1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for Michigan on
Q: The Prosecutors Office has refused to charge the complainant on my case with 2 serious crimes. What is going on? Legal?

These are not related to me. The first was a DV offense where she kicked a pregnant woman in the stomach two years ago. 3.5 months ago she was pulled over with superdrunk 3rd DUI(Felony). In both cases she was arrested, Warrants were requested by police, but the prosecutors office ignored them on... View More

Brent T. Geers
Brent T. Geers
answered on Oct 21, 2022

Charging decisions are wholly within the prosecutor's discretion. Regarding the DV offense, if it was two years ago, I think it's a foregone conclusion what the prosecutor thinks of that. Could be witness issues, and apparently the pregnant woman hasn't been in the prosecutor's... View More

1 Answer | Asked in Personal Injury and Legal Malpractice for Michigan on
Q: Why did my attorney cash the settlement check written to me rather than send it directly to me?

Why did my attorney cash the settlement check written to me rather than send it directly to me? Why would there be 2 claim numbers and why would the insurance send my attorney 2 checks? One was for the attorney's amount, one was for my amount. Why would my attorney cash them and send me a... View More

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

These are all questions you need to ask your attorney. You have a right to know all these answers. From what you described, there is quite likely a reasonable and legitimate explanation. Your attorney should be able to explain all of it to you.

1 Answer | Asked in Arbitration / Mediation Law, Divorce, Legal Malpractice and Libel & Slander for Michigan on
Q: Can I sue my divorce lawyer for deformation? She reached out to opposing consule and threatened I was going to call CPS.

I reached out to my lawyer to ask her advise and I specifically said no I could never call cps on him. I had no clue she then turned around and threatened his lawyer that I was prepared to call cps on him. I had no idea of this till after my divorce was over. This lead to a spiral of events during... View More

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2023

Unlikely. If you found out only after the divorce was finalized, how would you 1) prove she in fact did this, and 2) it caused you some damage, considering as part of the settlement, you made a record that you were satisfied to a certain extent with the outcome.

1 Answer | Asked in Criminal Law, Federal Crimes, Legal Malpractice and Traffic Tickets for Michigan on
Q: Is it legal while an inmate is on a commitment to issue multiple warrants for probation violations on days scheduled for

Review or court for additional charges added while incarcerated

Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Yes. But in the end, it doesn't really matter as all it takes is one probation violation.

1 Answer | Asked in Divorce and Legal Malpractice for Michigan on
Q: If I had requested to fire my attorney (private), and the judge denied it without letting me give probable cause, can

my divorce be null and void since I was forced to comply with the divorce decree under duress? My Lawyer was known for making motions. He filed only 1 in my case and he wasn't even present for it. I was so poorly represented and my lawyer was doing nothing to help me, even though I sent... View More

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2022

No, it will not nullify your divorce. Was it a consent judgment or did you go to trial?

As an aside, being "known for making motions" isn't necessarily a hallmark of quality lawyering.

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... View More

2 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Probate for Michigan on
Q: Is there a way to find out if a guardian of a deceased legally incapacitated adult took out a life insurance policy?

I already asked the funeral home for documentation. I was not notified of my child's death and do not know what actually happened.

Brent T. Geers
Brent T. Geers
answered on Dec 22, 2021

Best thing to do would be to go to the probate court. There should be an accounting filed, which would list everything.

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1 Answer | Asked in Criminal Law, Domestic Violence, Gov & Administrative Law and Legal Malpractice for Michigan on
Q: I have been charged for a misdemeanor. Covid caused court delays and my Jury Trials turned into a pressured guilt fest

I had 3 pre-trial conferences with the Assistant Prosecutor and my lawyer. 3 dates were scheduled for Jury trial of which, 1 turned into another pre-trial. 2 of them were cancelled due to covid but I was still required to show up in front of the judge and it was literally just the judge calling... View More

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2021

You are not alone. However, the court did not cause you to lose your paid representation; that is between you and your attorney.

1 Answer | Asked in Legal Malpractice for Michigan on
Q: Is it legal for cps too take your children without talking too you about allegations?
Brent T. Geers
Brent T. Geers
answered on Jul 19, 2021

Yes. CPS would be acting - usually - under a pick-up order, signed by a judge. You may begin answering to the allegations at the preliminary hearing, which is typically scheduled within 24-48 hours after removal.

1 Answer | Asked in Legal Malpractice and Traffic Tickets for Michigan on
Q: Is it legal for a cop to follow me around after I recorded him, and write me up for a statute I didn't violate? help

I feel like my 1st amendment rights to freedom of press and speech are being attacked, I filed a complaint and the supervisor blew me off and said he won't argue the constitution with me, deal with the ticket in court. I don't feel I should be picked on by law enforcement when I am not... View More

Brent T. Geers
Brent T. Geers
answered on May 18, 2021

Without determining whether the police are right or wrong here, they are right about one practical aspect of the law: you won't win an argument about law or fact with the police on the streets; that is what courts are for.

Your first amendment right to watch the police while in public...
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1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: If I am a disabled adult and I was forced into a plea deal about a criminal case what should I do
Brent T. Geers
Brent T. Geers
answered on Jul 2, 2020

Disabled does not equal incompetent, which has a legal definition. You are presumed competent.

How were you forced into a plea deal? At some point, you had to have appeared before a judge, who asked you (not your attorney) "has anyone promised or threatened you with anything to get...
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1 Answer | Asked in Legal Malpractice for Michigan on
Q: I suffered burns and disfigurement (scarring) from my knees down on both my legs after a cosmetic laser session

This was a final treatment after 12 years of medical care on other issues to remove unsightly veins on both legs. How do I go about finding a medical negligence attorney to take my case. I have major anxiety over showing my legs now and swelling when on my feet for periods of time. I had 12 years... View More

Brent T. Geers
Brent T. Geers
answered on Jun 10, 2020

The bad news is that medical malpractice claims are tough, filled with procedural hurdles, and expensive. The good news is that there is no shortage of med-mal attorneys willing to take on good cases. Most good med-mal attorneys have a pretty comprehensive case screening process, that often... View More

1 Answer | Asked in Legal Malpractice for Michigan on
Q: Is it legal for a non profit/probation/rehab center staff threaten punishment if u don’t have your umployment sentthere

I have a loved one in a non profit rehab/probation center and the staff is threatening extensions as far as punishment if they don’t have their card for unemployment sent there directly is that legal during these times a lot of these people‘s families rely on Their paycheck and have families... View More

Brent T. Geers
Brent T. Geers
answered on May 1, 2020

Quite likely, yes. When someone is in one of those facilities, it is in lieu of sitting in jail. And for the privilege, you agree to a number of conditions - most notably an agreement to an assignment of wages and income for the duration of your stay. That would include unemployment. One can argue... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Michigan on
Q: How do I get an attorney to represent me in my Habeus case # 19-12248 in district federal, a serious case of corruption?

Too many details in my case, however it started in Montana, and then MI colluded against me. You can bet that big favors were involved.

Brent T. Geers
Brent T. Geers
answered on Jan 22, 2020

You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.

1 Answer | Asked in Legal Malpractice for Michigan on
Q: What are my rights?

I have a friend that was a witness to a fire that caused several deaths in his previous apartment building. The attorney for the building has been reaching out to him through calls, text and email to depose. My friend just started a new job & the attorney contacted his new employer this... View More

Brent T. Geers
Brent T. Geers
answered on Oct 6, 2019

First question is why is he avoiding deposition? It sounds like he is vital to the case and not the plaintiff or defendant. I would imagine the attorney would be very open to being as accommodating as necessary to secure the testimony, and is not out to make your friend's life difficult.... View More

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