New York Legal Malpractice Questions & Answers

Q: Is it illegal for someone to send demand letters posing as an attorney?

2 Answers | Asked in Legal Malpractice for New York on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Yes, it is illegal to pretend to be an attorney. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...

Q: My attorney made a mistake with my case filing but I think it was just a minor oversight that won't affect the outcome

2 Answers | Asked in Legal Malpractice for New York on
Answered on Nov 5, 2018
Edward X. Clinton, Jr's answer
Nope. To be malpractice the error must be significant enough to affect the outcome. Usually, you have to prove that you lost the case as a result of the error. If the error is tiny and can be corrected, there was no malpractice.

Q: Someone posts untrue reviews about me on Yelp. Can this affect my malpractice insurance rates or standing with the bar?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Nov 5, 2018
Edward X. Clinton, Jr's answer
No. A negative yelp review won't have anything to do with insurance or your standing with the Bar.

I'm sorry to say that there is little you can do about a Yelp review. Suing Yelp won't work and it should not work because of the first amendment.

I have earned several nasty reviews. I accept them as a badge of honor.

Q: Can a mortgage be discharged if there are still liens/Judgments on it?

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Legal Malpractice for New York on
Answered on Sep 11, 2018
Michael David Siegel's answer
Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.

Q: Is my first step always to talk to the state bar if I suspect my attorney is violating attorney-client privilege?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Sep 1, 2018
Michael Bersani's answer
Not necessarily. You can talk to another lawyer. Or you can contact your county bar association grievance committee in New York. But of course you can also call the New York State Bar association.

Q: What recourse do you have if your attorney misses a filing deadline?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Aug 10, 2018
Michael Bersani's answer
You need to consider suing your lawyer. You should carefully watch your filing deadline for that case! It is three years from the date of the missed filing, unless your lawyer continued to represent you on the same matter after that happened, in which case the filing deadline is three years from the last date he represented you on that same matter.

Q: Lawyer stating his clients are person 1 & 2 but attempting to discuss on behalf of person 3.

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Answered on Jun 1, 2018
Michael David Siegel's answer
It is not your issue. It is person 3's issue. You are the adversary. Representation is between attorney and client.

Q: is there a time frame for a law office to reimburse me for the cost of urn and cremation? (long Island, N.Y.)

1 Answer | Asked in Probate and Legal Malpractice for New York on
Answered on May 17, 2018
Michael David Siegel's answer
Make sure you saved your written inquiries. You are supposed to send the Executor a formal Notice of Claim within 7 months of appointment. What you did might qualify. You can make a motion to be paid.

Q: Is there a statute of limitations on legal malpractice?

1 Answer | Asked in Legal Malpractice for New York on
Answered on May 11, 2018
Edward X. Clinton, Jr's answer
Yes, there is a statute of limitations on legal malpractice in every state. Depending on where the client is located and where the lawyer is located, the statute of limitations will vary. For example, Illinois has a two-year statute of limitations while Ohio has a one-year statute of limitations.

Q: I think my attorney's paralegal drafted my will - is that okay?

3 Answers | Asked in Legal Malpractice for New York on
Answered on Apr 20, 2018
Michael Bersani's answer
Yes, as long as the lawyer reviewed and approved it.

Q: Is my lawyer really representing the cop because he is friends with the department ?

1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for New York on
Answered on Apr 14, 2018
Susan Chana Lask's answer
Police Officers can call the officer who is listed on the PBA card. So I do not see anything wrong with the officer who stopped your wife with calling the brother in law.

Next, it cannot be said whether or not the lawyer is representing the other side just because he is friends with the police. That is a loaded question that is impossible to answer. The lawyer is representing your wife. However, if you do not trust him then you should find a lawyer whom you trust. Not having faith...

Q: If a person was sanctioned by their state bar, do they have to tell their clients?

2 Answers | Asked in Legal Malpractice for New York on
Answered on Apr 14, 2018
Susan Chana Lask's answer
You do not have to voluntarily tell your clients that you were sanctioned.

However, if a client asks you if you had any sanctions then you have to be honest and tell them you did.

Q: Is it allowed under New York bar rules to date the attorney representing you in a personal injury lawsuit?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Apr 4, 2018
Michael Bersani's answer
Yes, it is allowable, but not advisable. However, it is not allowed at all if the lawyer is representing the client in a domestic relations matter. Rule 8(j)(1). And it is never permissible to make sexual relations a condition for representation.

Q: i want to hire a NY family court lawyer, but he is employed as the court attorney. Is this a conflict or problem?

1 Answer | Asked in Child Custody and Legal Malpractice for New York on
Answered on Mar 3, 2018
Kevin Michael Colwell's answer
It is unclear from your question whether or not the attorney you wish to hire would have a conflict of interest problem. The best thing to do would be to ask the attorney directly if he or she would have a conflict of interest in the event he or she took your case.

Q: what can i do legally against a dental office which lied to me about being in network and actually not being

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Business Law for New York on
Answered on Feb 11, 2018
Michael David Siegel's answer
Why don't you call your insurance company and ask if the dentist is in network? It really comes down to that issue.

Q: My divorce attorney said he was a family law specialist, which I guess requires certification. I later found out he

1 Answer | Asked in Legal Malpractice for New York on
Answered on Jul 10, 2017
Ali Shahrestani, Esq.'s answer
You can file a fee dispute, potentially sue for malpractice, and report him to the NY office of disciplinary counsel. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...

Q: I feel that my lawyer picked the wrong strategy to deal with a claim I had - is that malpractice?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Jun 25, 2017
Ali Shahrestani, Esq.'s answer
More facts are needed. It depends on whether the strategy was a reasonable one, and it depends on whether you were damaged as a result. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...

Q: Where can I find bar discipline records?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Jun 2, 2017
Peter Klose's answer
Pretty much only in reported cases from the Appellate Division.

Q: if an attorney has a law practice in pa and he advertises his license in ny when none exists who handles the problem

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for New York on
Answered on May 5, 2017
Michael David Siegel's answer
Call the District Attorney in the county where you live in NY, and the DA in Pennsylvania. There are really two crimes -- one is the lawyer engaging in the unauthorized practice of law in NY, but his defense, that the Paralegal used his name, is a crime in PA.

Q: Ohio holding for New York, 10 year warrant 3 year Statute of Limitations in New York they're not coming what do I do?

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for New York on
Answered on Apr 29, 2017
Joshua Bannister's answer
It sounds like he has a bench warrant. The statute of limitations was satisfied when the officer filed charges with the court. Speedy trial timelines are tolled for the time the defendant absents himself from the court proceedings. Bench warrants don't go away until the defendant appears on the warrant or the court is served with a death certificate.

New York may or may not pick him on the warrant. If they don't, he will continue to risk being detained every time he has police contact...

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