Get free answers to your Legal Malpractice legal questions from lawyers in your area.
I got arrested for having a taser in my purse during a car searched. It was $12 and ordered online from china. It made its way through customs to my front door. I had to pay a lawyer since I couldn’t get a public defender cause I was under 21 at the time and they made my mom pay. I also had to... View More
answered on Apr 27, 2023
Even assuming it's now legal to carry a taser in NY (which I could not confirm), since it was not legal at the time you committed the (former) "crime," you cannot be compensated now, unfortunately.
If it's not, what do I do about it?
answered on Mar 11, 2023
While there are some exceptions, it is typically illegal for a company to not hire you in New York based solely on a positive drug test for THC. If that's what they did, and why they did it, and no exceptions apply, you can sue them.
I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?
answered on Jan 16, 2023
The appointed lawyer is an independent attorney who is on a panel with no connection to the judge. Of course, you are always free to hire your own lawyer if you have the means to do so.
The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... View More
answered on Sep 30, 2022
I'm sorry for your family's ordeal. Although this site doesn't operate like a lawyer referral service, the closest feature here is the Find-a-Lawyer tab above. You could use it to supplement searches you've already conducted. There's also a Lawyer Referral resource with the... View More
My attorney says there is nothing I can do. I can’t believe I can be provided with real estate sales paperwork to sign stating that the attorney collected the money when he didn’t. Should I have been informed and what can I do. My buyer backed out of the deal with proven false reasons and my... View More
answered on May 6, 2022
Something is fishy. However, you do not have to return money you do not have. If the lawyer said money was in escrow and it was not, he can be disbarred. Escrow accounting is a big deal.
Elderly client moved in with daughter who had coerced her to change her will and make her power of attorney. Elderly client asked lawyer to revise will without involving this daughter. She told him she was in fear of daughter, her finding out and taking it out on her because she found out... View More
answered on May 5, 2022
If an attorney was simply approached out of the blue, the general rule is that the attorney is free to accept or decline a matter. Same goes for the prospective client, who is free to retain or not retain an attorney. There are instances where an attorney may not easily withdraw, such as in an... View More
In my NY State divorce there are 3 sentences that are in “Verified Complaint” signed by my ex-wife the plaintiff, The “Affidavit in lieu of testimony” “Action for Divorce” signed by my ex wife the plaintiff, and The “Referee’s report” findings of fact and conclusions of law,... View More
answered on May 2, 2022
As is usual for a question to come from a convoluted proceeding like a New York divorce, there is a confusion taking place here that only a visit to a law office can unravel. We’ll try our best with what we have.
An uncontested divorce means both sides do not contest a distribution of... View More
I have a case that's been going on since 1991 against the city of NY. I don't believe my attorney is handling it accordingly. He refuses to send me
my case file. There hasn't been any progress on my case and keeps trying to assure me everything's OK. He's sent me... View More
answered on Apr 20, 2022
Sorry to hear your attorney is refusing to turn over your file. You have an absolute right to get a copy of it.
HIPAA does NOT prevent your attorney from mailing you a copy of your own file; HIPAA governs the disclosure of protected / confidential medical information to unauthorized third... View More
answered on Jan 25, 2022
Depends on the law in each state. However, accepting cash is legal. The problem is whether the deed can be filed, which serves as notice to the world that the person who paid cash for the property is the true owner. The deed should be corrected pursuant to the terms of the written contract of... View More
I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... View More
answered on Jan 15, 2022
Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.
answered on Oct 27, 2021
There is no question to answer.
Revivals of causes of action are by statute. They are few and far between in NY; they are remedial legislation.
The waiver of a statute of limitations is rare, but does happen. These waivers are based upon an equitable principle whereby the... View More
answered on Oct 13, 2021
It could depend on a number of factors. The statute of limitations for medical malpractice in New York does have provisions that extend time based on a certain attributes, such as infancy, discovery of a condition, and others. Your question is framed concisely and doesn't outline many facts to... View More
When a client pays the Federal Court filing fee to her attorney for a case--but--the Court remands the case (with the client's approval) to a lower authority to decide the case---and--the Court refunds the filing fee to the attorney--is it customary that the lawyer keeps the refunded filing... View More
answered on Sep 3, 2021
I can't speak for other law firms, but I advance filing fees and treat them as disbursements at the close of the case. I do not request filing fees from clients (index nos, RJIs, appeals, etc. - I pay those up front out of my own funds). If for some reason a client HAS ALREADY PAID a filing... View More
Yes my grandma is 83 years I’m 28 my mom is 57
answered on Apr 5, 2021
Since you are over the age of 21 you can see your mom unless there is some sort of court order that prohibits that.
How do I find out how much my settlement was? How much a lawyer to suppose to charge? Do I pay for filing and paper work out my money? Why my lawyer Got more of the money then I did. 33.3% I thought was of fee. She had it in her savings for 1yrs b4 I received anything, also he lean me a few... View More
answered on Apr 3, 2021
It's difficult to comment on the award and fees without knowing what your arrangements were. As a general matter, if there were claims from public agencies such as Medicaid/Medicare that demanded reimbursement on payments they made on your medical treatment related to an accident, that could... View More
answered on Feb 28, 2021
I'm sorry for your father's ordeal. As a starting point, you could reach out to medical malpractice attorneys to discuss in more meaningful detail. If a law firm believed there could be a potential basis for a case, they could request hospital records for the stay and review them with a... View More
Have not signed papers, did he or she violate their fiduciary responsibility to me, and how would they be disciplined. Do I have to submit a complaint to the Grievance committee before or after I sign the petition? Please give me an answer to submitting the complaint to the Grievance Committee,... View More
answered on Dec 24, 2020
Well, in New York, the case is not "settled" until you sign a release. So don't sign! Then the case is not settled. If your lawyer will not ask for what you really want in settlement, then get another lawyer to take over. You can go to trial on the case instead of settling.
answered on Dec 1, 2020
Speak with your parents about the situation; they could look into whether a medical visit and doctor's note might be applicable here. Good luck
Tim Akpinar
accepted a settlement without my consent.
answered on Dec 1, 2020
Lawyers may sometimes tentatively agree to settlement terms, based on discussions with client as to what client would accept. But the common practice is for client to be presented with release to sign that memorializes formal acceptance of settlement terms and conditions. Good luck
Tim Akpinar
answered on Oct 19, 2020
Sorry to hear that you do not have a good relationship with your attorney. Fortunately you have the right to discharge your attorney at any time, for any reason. You can find a new lawyer using the Find a Lawyer tab on the JUSTIA homepage. Here's an article I found online through the NYC... View More
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