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New York Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for New York on
Q: Where can I find bar discipline records?
Peter Klose
Peter Klose answered on Jun 2, 2017

Pretty much only in reported cases from the Appellate Division.

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for New York on
Q: if an attorney has a law practice in pa and he advertises his license in ny when none exists who handles the problem

I was solicited on the internet for credit repair. I entered into a contract. the provider did not do his job and I was dependent on it. upon questioning what has been done I was cancelled. I know its a general breach of contract. the law firm is in pa under good standing they claim to be licensed... Read more »

Michael David Siegel
Michael David Siegel answered on May 5, 2017

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.

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for New York on
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?

How do I bring my fieance home? I live in Franklin County in Columbus Ohio my fiance was arrested here for a traffic ticket which turned out to be a hold and it cause him not to be let go and the claimed they were holding him for New York for a warrant BUT New York's Statute of Limitations on this... Read more »

Joshua Bannister
Joshua Bannister answered on Apr 29, 2017

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... Read more »

3 Answers | Asked in Employment Law, Employment Discrimination and Legal Malpractice for New York on
Q: Is there a Legal or Ethic meaning to an Attorney's signature?

what is the significance of signing?

V. Jonas Urba
V. Jonas Urba answered on Apr 27, 2017

I do not understand your question.

Lawyers are generally not parties to contracts. Sometimes lawyers will sign settlement agreements to confirm that they have conferred with and advised clients but lawyers do not in general guarantee compliance or guarantee representations made by another...
Read more »

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1 Answer | Asked in Legal Malpractice for New York on
Q: What's the first step in disputing a legal bill?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 20, 2017

Consult with a lawyer to review the contract and bills. 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/... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: My lawyer forgot a filing deadline. Do I have a case against her?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 11, 2017

It depends on the repercussions. 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... Read more »

2 Answers | Asked in Criminal Law, Contracts and Legal Malpractice for New York on
Q: I live in Buffalo NY I need to know where would I go to get from? A lawyer took my money and no work was done.

I called and texted him several times no response. So I disputed the item. The lawyer told my credit card company he represented me. I don't know when I never we to court. Please send me in the right direction. Thanks

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 24, 2017

Have a lawyer review the work the lawyer did for you. Lawyers get paid for lots of work besides court appearances and filings, including all communications, negotiations, research, writing, etc. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

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1 Answer | Asked in Legal Malpractice for New York on
Q: I suspect that the lawyer who is representing me is working impaired.What recourse do I have?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 22, 2017

You can hire another lawyer. You can fire this lawyer. 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/... Read more »

1 Answer | Asked in Legal Malpractice and Traffic Tickets for New York on
Q: Does it constitute legal advice if you give someone a few ideas on how to fight a traffic ticket?

If you knew someone and wrote a few pages about some plausible defences and questions they could ask in traffic court, assuming you put a clear disclaimer saying that your ideas did not constitute legal advice and that you were indemnified if your ideas did not work, could be held liable for... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 18, 2017

That sounds like a violation of practicing law without a license, which is a crime. Such disclaimers may not save you if you're doing the work that a lawyer does, such as providing legal advice or answering legal questions, in states where you are not licensed to practice law.

See:...
Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: My lawyer missed a filing date in my divorce. What should I do?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 16, 2017

You may be able to appeal any order that resulted from the missed deadline, if time permits. Depending on the facts, you may be able to sue for malpractice. Also you may consider hiring a better lawyer. More details are necessary to provide a professional analysis of your issue. The best first step... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: Can I sue a judge in NY?

I was the victim of a bait & switch and successfully proved it in court … twice. The town judge found the defendant guilty and yet dismissed the case. The appeal judge found the defendant guilty and I was awarded 1/6 of what I asked for.

His convoluted ruling forces us to pay for 3... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Your question lacks sufficient detail. Have a lawyer review the case. 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. I practice law in CA, NY,... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: Do you know of any New York case laws regarding conflict of interest?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

It depends on the context. 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. I practice law in CA, NY, MA, and DC in the following areas of law:... Read more »

1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: a lawyer forged an assignment of mortgage on my property.

a lawyer forged an assignment of mortgage on my property. I found that he altered the instrument by erasure and put the TRUST information in the assignee field.

The TRUST was created 4/1/2003 and the instruments assignment date is 2/6/2003.

I prepared an affidavit of correction.... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

You can report the forgery to the police. As for correcting the mortgage information, it depends on the facts and whether the case is currently in court or not. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: What can I do if my lawyer has stopped returning my calls?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 3, 2017

It depends on the facts and reasons. If the lawyer is no longer your lawyer and has provided you a copy of all your case files, there may be no further reason for communications. If the lawyer is still your lawyer and is unreasonably ignoring you, you can remind the lawyer of their contractual and... Read more »

1 Answer | Asked in Immigration Law and Legal Malpractice for New York on
Q: Does a spouse of a US citizen have the right for a lawsuit if he/ she was scammed?

Hello.

My sister is married to a US citizen. A lady offered her legal help saying that she will get her the green card faster and without interview because she has "connections". She took cash money from my sister and copies of her and her husbands personal information (passport, SSN,... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 24, 2017

You can report this to the federal government. See: https://www.uscis.gov/avoid-scams/report-immigration-scams

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...
Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: My lawyer missed a filing deadline, but I don't think it really hurt my case. Can I still sue him?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 23, 2017

In legal malpractice cases, you have to show actual damages and actual negligence. 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. I practice... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: no knowledge of action to evict my12 yr old & me until email 1day befre deadlne to remve belongings&further access thm

received email from petioner 11/5/16 re: remval of belongings frm property by 11/6/16. any property not remved by 11/7 would be discrded and or packed and moved to a facility on 11/12.. As of midnight 11/6 no access to premises & belongings.permitted.Petioner is my father & his attrny is my former... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 23, 2017

More clarity is required here. If you were never served documents, you may be able to appeal the decision on that basis; but beware of the short deadlines for doing so. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: How to know if my lawyer is scamming me
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 23, 2017

Review the facts with a lawyer. Review your contract and the invoice provided to you by the lawyer. 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... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: If my lawyer didn't have malpractice insurance can I still sue them?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 23, 2017

I see no reason why not, but the bigger question is whether you have a valid factual and legal basis for a lawsuit. 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... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: Question about disbursement of funds once a case has been settled.

Hello I have a question about the disbursement of funds once a settlement has been reached. I settled on a case several years ago(6+ years)and for years I have been going back and fourth with my lawyer to get what is owed to me. Today the lawyer emailed me a wavier requesting my signature to... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 19, 2017

Have a lawyer review the attorney-client contract and the settlement agreement terms. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... Read more »

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