Get free answers to your Legal Malpractice legal questions from lawyers in your area.
During a hearing to remove a Co-Trustee, the respondents Attorney stated they couldn't respond to a specific section of the Trust as they had never received a copy of the Trust. The hearing was adjourned for 2 months. In the next hearing it came out that the respondent had been paying this... View More 
answered on Jul 18, 2024
I am sorry that you are dealing with this issue. I will do my best to answer, but be aware this is not to be considered legal advice since I am not licensed to practice in your state.
In short, attorneys have a professional duty to provide competent representation to their clients. In... View More
During a hearing to remove a Co-Trustee, the respondents Attorney stated they couldn't respond to a specific section of the Trust as they had never received a copy of the Trust. The hearing was adjourned for 2 months. In the next hearing it came out that the respondent had been paying this... View More
answered on Jul 18, 2024
You have two issues here: 1) did the attorney commit ethics violations, and 2) did the attorney engage in malpractice. Either way, it sounds like the attorney you are talking about is opposing counsel. As such, he or she has a duty to their client, not you; and candor to the court - not you.... View More
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
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.
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.
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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... View More
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
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... View More
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
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
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... View More
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
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
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
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.
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
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.
Review or court for additional charges added while incarcerated
answered on Jul 17, 2023
Yes. But in the end, it doesn't really matter as all it takes is one probation violation.
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
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.
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
I already asked the funeral home for documentation. I was not notified of my child's death and do not know what actually happened.
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.
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
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.
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.
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
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... View More
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... View More
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
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
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