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New York Legal Malpractice Questions & Answers
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,
Ali Shahrestani,
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... View 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,... View More

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

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

1 Answer | Asked in Legal Malpractice for New York on
Q: How to know if my lawyer is scamming me
Ali Shahrestani,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Estate Planning and Legal Malpractice for New York on
Q: If a lawyer created a will and I was not completely aware of what I was doing, do I have any recourse?

I was brought to a lawyers office back in April of 2016 by a real estate developer whom I have known for only 3 months; his name is Joe Cohen.

Joe, was very aggressive with my house sale and during the process

Insisted on me making a Last Will and Testament. Joe took me to some... View More

Michael David Siegel
Michael David Siegel
answered on Jan 4, 2017

You must immediately (and I mean immediately) revoke your will. This can be done by destroying the original or by preparing a revocation document. If you die now without doing this, your will will be presumed valid, and whatever you signed will be enforced. I am not sure what a will has to do... View More

1 Answer | Asked in Real Estate Law, Stockbroker Fraud and Legal Malpractice for New York on
Q: If I purchased a brand new Condo here in Brooklyn, Ny and Closed on 8/31/16, who was responsible for not advising me

no C of O , temporary or perm. was issued for this building?

I feel I have been frauded and don't know what my recourse of action might be? It was a cash deal .

Michael David Siegel
Michael David Siegel
answered on Jan 2, 2017

Your lawyer should have done a title search for title insurance and that would have come up. It clearly violated the standard contract if that is what you used, but that claim did not likely survive closing. This is a big deal issue.

1 Answer | Asked in Legal Malpractice for New York on
Q: My lawyer stopped returning my phone calls and I don't even know if she's handling my case anymore. What are my options?
Peter Klose
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answered on Dec 2, 2016

You should send a written letter to her demanding a copy of your file, and you should pick up a copy of your file

If she doesn't respond in a reasonable time, you may file a complaint with the local Disciplinary Committee.

Give her the benefit of the doubt and call a few more times.

1 Answer | Asked in Civil Litigation, Domestic Violence, 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... View More

Michael David Siegel
Michael David Siegel
answered on Nov 11, 2016

You need to file an order to show cause ASAP. Court is closed today. Go Monday morning when it opens.

1 Answer | Asked in Employment Law and Legal Malpractice for New York on
Q: I get paid for 40 hours a week by my employer but overwork by 4-7 hours weekly without extra pay. Is this legal?

I work for a small, private medical office and get paid for 40 hours a week but constantly forced to stay after work hours by up to 7 hours a week for the past 2 years. Is this legal?

Barry E. Janay
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answered on Oct 10, 2016

Not legal if you are a non-exempt employee which most administrative staff are. Email me privately to discuss further how I can be of assistance...

1 Answer | Asked in Legal Malpractice for New York on
Q: How do I formally confront a lawyer who is ripping me off with email charges and using emails as a way to inflate bill?

I am 62-years old, and never had experience with using or needing a lawyer to defend me in a lawsuit. The lawyer's contract does state the charges by the hour and also states services billed by increments of the hour. Emails are charged by time spent reading and responding. This lawyer is... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

Suggest you look for a new lawyer, take your issues --and records--to the bar association fee dispute committee.

1 Answer | Asked in Legal Malpractice for New York on
Q: Lawyer brings to divorce court issues outside its jurisdiction. Is that a cause of action for legal malpractice?
Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2016

Lawyers often argue points that are disputable--they are required by the Code of Professional Responsibility (aptly CPR) to be "zealous advocates." It isn't malpractice for a lawyer to stretch the bounds of relevance. May be poor judgment, but that is different.

1 Answer | Asked in Legal Malpractice for New York on
Q: Can a judge disclose what his judgement was GOING TO BE, after a stip of settlement was just signed by both parties?

Can a judge disclose, to the parties, how he was going to rule IMMEDIATELY AFTER a stipulation of settlement was just signed by both parties? Is this considered misconduct, especially when it caused one of the parties great emotional distress and lasting mental effects? As I see it, there was no... View More

Jonathan Damashek
Jonathan Damashek
answered on May 6, 2016

The short answer is yes.

1 Answer | Asked in Estate Planning, Criminal Law, Legal Malpractice and Probate for New York on
Q: What are the consequences for probate estate lawyers who commit perjury?
Jonathan Damashek
Jonathan Damashek
answered on May 6, 2016

There are both criminal and civil consequences.

1 Answer | Asked in Legal Malpractice for New York on
Q: Unprepared lawyer for E.D. trial 2012. Hidden assets. Ex did not produce 75% of discovery docs.Malpractice?

My lawyer postponed the trial so many times that finally the day before the judge said, no more adjournments, tomorrow we start. Shouldn't he have subpoenaed the docs not produced?

Now he won't do much of anything since I have a large outstanding bill. However, he has been... View More

Adam Studnicki
Adam Studnicki
answered on Nov 11, 2015

More information is needed to evaluate. Sit down with a local lawyer who handles legal malpractice cases to go over what happened.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and...
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1 Answer | Asked in Legal Malpractice for New York on
Q: Legal representation and conflict?

A parent hires an attorney for a child's legal matter in criminal court, and simultaneously hires the same attorney, to petition for a matter of child support modification in family court. Alleged statements included in that parent's Petition (seeking a downward modification of child... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 24, 2015

Was the "information regarding the child's criminal matter" disclosed by the child or by the parent? Was it incriminating information?

1 Answer | Asked in Legal Malpractice for New York on
Q: If someone graduated from law school and passed the bar exam, but are not practicing are they considered to be a lawyer?

Or must they be practicing to be classified as a "lawyer".

Adam Studnicki
Adam Studnicki
answered on Aug 5, 2015

It depends on how you defined lawyer and the context in which you want to use the word.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may...
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