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New York Legal Malpractice Questions & Answers
1 Answer | Asked in Probate and Legal Malpractice for New York on
Q: is there a time frame for a law office to reimburse me for the cost of urn and cremation? (long Island, N.Y.)

I laid out almost $4,000.00 for the urn and cremation fees for a friend of mine who died in June 2016. The estate was settled in September 2017. I have called at least 5 times (once a month since January?) to find out if there is an issue, whatever. I have been told by a very friendly secretary:... View More

Michael David Siegel
Michael David Siegel
answered on May 17, 2018

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.

1 Answer | Asked in Legal Malpractice for New York on
Q: Is there a statute of limitations on legal malpractice?
Edward X. Clinton, Jr
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answered on May 11, 2018

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.

3 Answers | Asked in Legal Malpractice for New York on
Q: I think my attorney's paralegal drafted my will - is that okay?
Michael Bersani
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answered on Apr 20, 2018

Yes, as long as the lawyer reviewed and approved it.

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1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for New York on
Q: Is my lawyer really representing the cop because he is friends with the department ?

I’m not a lawyer, I feel my family is being taken advantage of , and I have no where to turn. My wife was arrested for a dwi. When she was pulled over the officer noticed she has a PBA card and asked her about it. She told him it was an old card , it was her ex brother in law , who hates her for... View More

Susan Chana Lask
Susan Chana Lask
answered on Apr 14, 2018

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...
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2 Answers | Asked in Legal Malpractice for New York on
Q: If a person was sanctioned by their state bar, do they have to tell their clients?
Susan Chana Lask
Susan Chana Lask
answered on Apr 14, 2018

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.

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1 Answer | Asked in Legal Malpractice for New York on
Q: Is it allowed under New York bar rules to date the attorney representing you in a personal injury lawsuit?
Michael Bersani
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answered on Apr 4, 2018

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.

1 Answer | Asked in Child Custody and Legal Malpractice for New York on
Q: i want to hire a NY family court lawyer, but he is employed as the court attorney. Is this a conflict or problem?

He is listed as "assistant county attorney/family court" on the county webpage. I am finding lots of family attorneys work in the family court itself, or are judges in other courts, or work in other govt offices... My goal is to Not be confronted with the issue later by my ex, as he is... View More

Kevin M. Colwell
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Kevin M. Colwell
answered on Mar 3, 2018

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.

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Business Law for New York on
Q: what can i do legally against a dental office which lied to me about being in network and actually not being

I made an appointment to see a Dentist through the website Zocdoc. On this Website the dental office lists my speific plan and dental insurance as being "in network", if the office is in-network I know that my dental insurance would pay for the cleaning and check up x rays in full. I go... View More

Michael David Siegel
Michael David Siegel
answered on Feb 11, 2018

Why don't you call your insurance company and ask if the dentist is in network? It really comes down to that issue.

1 Answer | Asked in Legal Malpractice for New York on
Q: My divorce attorney said he was a family law specialist, which I guess requires certification. I later found out he

wasn't and I'm worried this is why I didn't get the amount of child support my kids were entitled to. How do I proceed?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 10, 2017

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... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: I feel that my lawyer picked the wrong strategy to deal with a claim I had - is that malpractice?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

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... View More

1 Answer | Asked in Legal Malpractice for New York on
Q: Where can I find bar discipline records?
Peter Klose
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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... View 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... View 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... View 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...
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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,
Ali Shahrestani,
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/... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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/... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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:...
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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,
Ali Shahrestani,
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... View More

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