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Michigan Legal Malpractice Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.... Read more »

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Legal Malpractice for Michigan on
Q: Can my landlords atty still obtain a Writ of Eviction since the time to apply for same lapsed approx 3 mos ago?

10/2018 I received a notice to quit (home is being sold, eviction is not for non pymnt) from landlords atty. I lost eviction case 1/7/19. I appealed the judgment pro se. 2/13/19 I received notice of intent to dismiss appeal via truefile. The notice was also sent to landlords atty. I submit the... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 10, 2019

Yes, the attorney can obtain a writ of eviction. Your appeal was dismissed, and so the judgment issued in January remains valid. The original date to obtain a writ of eviction is simply a waiting period; in other words, the landlord must wait until that date to obtain a writ of eviction, but he or... Read more »

1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Michigan on
Q: I paid a lawyer $10,000.00 to go to probate court and before I could get all the information my father passed away.

He did 2 lady bird deeds and filed them and said they had started to work on the petition but a court date was never gotten. I am not sure how to approach him about this issue since he really didn't do what he was hired for and how I ask for a partial refund.

Brent T. Geers
Brent T. Geers answered on Apr 8, 2019

Direct communication is best. But first, review any engagement agreement you or your father signed with the lawyer. Depending on what exactly was to happen, your father's passing may have frustrated the process. Most lawyers want to be fair.

1 Answer | Asked in Legal Malpractice for Michigan on
Q: need to know about a past legal lawsuit


Brent T. Geers
Brent T. Geers answered on Mar 26, 2019

Contact a medical malpractice attorney. One of the issues, though, will be what your damages were? By the details of your question, it seems that you made a recovery 6 months later, and certainly while in prison, you didn't lose wages or anything of the sort to substantiate damages.

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Michigan on
Q: I'm in the process of going to the Supreme Court over damages arising of legal malpractice the amount of my lawsuit I ne

Need to file superintending control I have all my documentation my investigative report against the attorney everything is done they said if all possible get help with citation with legal authority but I'm trying to get legal counsel as soon as possible if not I need to get this sent off they... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 26, 2018

You may be conflating the grievance process with a legal malpractice claim; they are two distinct things with completely different possible outcomes. If you are asking the Supreme Court for superintending control, that implies that you've filed a grievance with the Attorney Grievance... Read more »

1 Answer | Asked in Legal Malpractice for Michigan on
Q: Is the way I was treated legal

was the victim in a domestic violence n had a knife on me and I do have a felony that is round 15 years old n cause I wouldnt.make a statement regarding what happened I was told by one.of the cops that if I made a.statement he would make the knife charge disappear as if the.knife never existed but... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 7, 2018

You'll need to answer the warrant by arranging to turn yourself in. How you do that depends on how your local court and jail does things. You'll then be able to address - through a lawyer - the circumstances that led to your arrest and charges.

Unless you do this, there is nothing...
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1 Answer | Asked in Landlord - Tenant, Legal Malpractice and Real Estate Law for Michigan on
Q: Electrical fire in Apartment Building , Landlord Responsibilities .

I am a tenent in an apartment in Michigan , I moved in about 25 days ago during the first week of November. This past weekend there was a electrical fire in the circuit board for the laundry room. I called 911 and they came in to put out the fire but the entire apartment building consisting of 4... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Dec 1, 2017

The answer is going to be located in your lease. Without reviewing it in detail it is impossible to say, however, there is likely a section about 'damage or acts of God' or something similar that will define the landlord's and tenant's responsibilities and the impact such damage... Read more »

Q: Hello I had a friend who introduced me to a lawyer who only talks through texts who says he gets you free federal grant

Then he wants me to send copy of ID then my birthday name and address for money to come proof of income then he says I have to send 470 for a clearance fee then they send me 350,000 after I send it is this a scam I never seen him he only communicate through text messages

Adam Alexander
Adam Alexander answered on Nov 24, 2017

Yes, a scam.

1 Answer | Asked in Elder Law, Legal Malpractice, Medical Malpractice and Nursing Home Abuse for Michigan on
Q: My mom is in a memory care unit at a nursing home. She fell out of bed on May 4 and I was informed by phone. On May 10

She was admitted to hospital and diagnosed with a separated shoulder 6 days after the fall. Do I have a case?

Don L Rosenberg
Don L Rosenberg answered on May 11, 2017

Depends, was the memory care facility negligent. You clearly need to consult a lawyer to determine if you have a case. Clearly it was wrong not to inform you of the fall. The question is where they negligent which caused or contributed to the fall and/or was did the delay cause more damage to... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Michigan on
Q: My friend pled not guilty to murder at bench jury. Sentenced guilty for life w/ little evidence & no suspects. Appeal?

Accused of murder, 1st degree by shooting of his girlfriend's mother. He had a key to the house as he was with his girlfriend for 4+ years. Bullets found at scene didn't match gun found on him. No blood found on him nor his clothing. A jacket he owns found to have similar fibers as found... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 4, 2017

To appeal or not depends on too many factors to answer convincingly in this forum. I'll address some inconsistencies in your question that hopefully will let you better understand the state of your loved one's case.

I am unsure whether your friend plead guilty or was found guilty...
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1 Answer | Asked in Business Formation and Legal Malpractice for Michigan on
Q: Do layers have to be licensed to practice law in Michigan and if so who issues them the secretary of state?
Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2016

Lawyers must be licensed through the Supreme Court of Michigan.

1 Answer | Asked in Legal Malpractice for Michigan on
Q: Request for reconsider from the Attorney Grievance Commission

The attorney grievance just closed my case with no disciplinary action against the attorney. The attorney lied to me and the AGC and I sent in evidence to prove it. The attorney handling my case at the AGC did acknowledge the lies and advised to review MRPC 1.4 and MRPC 8.1. He did nothing but... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2016

There are bar grievance committees and in Michigan I believe there is the Attorney Disciplinary Board. You may ask others to reconsider.

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