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North Carolina Legal Malpractice Questions & Answers
1 Answer | Asked in Business Law, Legal Malpractice, Securities Law and Small Claims for North Carolina on
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t..

We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 17, 2021

You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.

1 Answer | Asked in Legal Malpractice and Employment Law for North Carolina on
Q: Can I get legal help for my vertigo

I have vertigo and turned in paperwork to my general manager at work but still received written referrals for being late and not showing up when I am having vertigo can I be fired for it

Kyle Anderson
Kyle Anderson answered on Jul 14, 2021

Hi more information is needed here. If your vertigo qualifies as a disability under the Americans with Disabilities Act, and you request a reasonable accommodation, the employer should work with you on getting an accommodation you need. I would reach out to an employment law attorney in your state... Read more »

1 Answer | Asked in Family Law, Legal Malpractice and Social Security for North Carolina on
Q: Can the mother of my children be my legal guardian and representative payee?

I am legally declared incompetent and my mother is my legal guardian and payee. We are awaiting a hearing. DSS attorney will be present.

Kenneth Prigmore
Kenneth Prigmore answered on Mar 4, 2021

Legal guardians need to be a responsible adult. If the judge is convinced the person you request is responsible and they have your interests in mind, that change should not be a problem.

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Legal Malpractice for North Carolina on
Q: Should this Judge have recused himself?

At the time of the hearing, I was not aware that the judge's cousin is family with the plaintiff's wife. The plaintiff is the father our child and his wife is the stepmother. The judge gave primary custody to the father. Essentially, I filed 3 DSS investigations after my daughter... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Nov 11, 2020

Based on the limited information you provided, I would say - likely not. If you represented yourself, that alone more than anything else is likely the reason the case turned out the way that it did. If you had an attorney, you should be asking your question of your attorney. If you did represent... Read more »

1 Answer | Asked in Legal Malpractice for North Carolina on
Q: Would it not be a Conflict of Interest, Ethics Violation and Unprofessional Behavior for a Lawyer on both custody cases?

I retained a lawyer four years ago for a custody suit and won FULL custody. The other parent has now hired the SAME lawyer trying to get custody. AND, its the same judge that signed the first order that is now sitting the bench on this new order. I say they both should have to recuse themselves.... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Oct 9, 2020

I see no ethical problems for the Judge and I really don't see any problems for the lawyer either since your prior case has been concluded four years ago. There is no question that the better practice would be for the lawyer to not take the case, just to avoid the appearance of impropriety... Read more »

1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for North Carolina on
Q: When I was an adolescent my mother did therapy with me in our living room. Is it possible to sue for this?

My mother changed careers when I was a pre-teen, and she was a fairly inexperienced counselor. I came to her with normal teen problems, i.e. concerns about not fitting in in high school and she offered to do counseling with me in our house. I didn't know better so I accepted. In hindsight,... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Apr 18, 2019

You not only want to blame talks you had with your mommy as a pre-teen for the problems you have as a 30 year old adult but want to sue her for it as well? There is no circumstance I can think of where legal action for something like that should have even crossed your mind let alone be something... Read more »

2 Answers | Asked in Business Formation, Business Law, Contracts and Legal Malpractice for North Carolina on
Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?

Sessions would include education on stretches, self-massage, and self-care. These free sessions are part of advertisement/marketing efforts to build a massage therapy business. Class would take place in libraries, churches, stores, any place that would like to partner with the licensed massage... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Feb 4, 2019

Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.

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2 Answers | Asked in Legal Malpractice, Car Accidents, DUI / DWI and Juvenile Law for North Carolina on
Q: My 20 year old son was knowingly allowed to enter a bar being marked as over 21 the legal drinking age. After he left

The bar he was involved in head on collision and was arrested for DWI I'm curious can any charges be made against the bar since his friend let him in. His friend is an employee of the establishment so he is their responsibility

William C. Head
William C. Head answered on Aug 6, 2017

Others injured or killed have the best claims. Your son willingly participated.

To get additional information, look at Super Lawyers, for NC personal injury attorneys in your town or the closest big city. Ask for guidance.

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1 Answer | Asked in Business Law, Criminal Law, Employment Law and Legal Malpractice for North Carolina on
Q: Can A Lawyer loose his job for threatening me and my mama
Kirk Angel
Kirk Angel answered on Jul 22, 2017

Sure, if his boss wants to fire him for that.

1 Answer | Asked in Legal Malpractice, Construction Law and Contracts for North Carolina on
Q: My lawyer did not claim damages ($97,000) that I had asked him to claim. I had a vacation rental that I was unable to

Rent out for 2 years because a person put a lien on the home. He did construction work that did not pass code and he refused to bring up to code so I didn't pay him. I couldn't rent the home for 2 yrs. My lawyer claimed neglect not loss of income so judge wouldn't allow financial... Read more »

Will Blackton
Will Blackton answered on Jun 3, 2017

Your lawyer is in the best position to determine what claims should be raised in a pleading. You should talk with your lawyer and ask if he mistakenly omitted a claim, or determined, in his professional opinion, that a claim should be omitted.

To answer your question: ask your lawyer if...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for North Carolina on
Q: Do I have a right to see a child abuse incident report now it's been dismissed in court?

I was arrested on suspicion of child abuse in 2015. Due to my kids dad being military, I was able to respond to some allegations through the FAP program.(which reads statements from the incident report)1 This is how I found out that some statements in the police incident report were incredibly... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 17, 2017

Possibly through your state's police regulations. Generally, should have been released through the criminal discovery process. Speak with the NC Civil Liberties Union.

1 Answer | Asked in Legal Malpractice for North Carolina on
Q: Who does the ethic committee of NC answer to? They have not contacted us nor got us the money they promised.

We need to know how to force them to keep their word. But don't know how to contact them nor who to contact because of them not acting.

Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2016

You need to contact the disciplinary board for North Carolina.

2 Answers | Asked in Personal Injury, Landlord - Tenant and Legal Malpractice for North Carolina on
Q: My attorney quit and got a better job, He then tells me the opposing counsel wants him to testify can he talk about me?

My attorney file my case in Superior Court, in NC. He sent me an email saying he got a better job offer and is closing his practice. I didn't know he stopped working on the case. He then tells me the opposing counsel wants him to testify can he talk about me? He was to submit documents to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2016

You should tell him you don't want him testifying about you. You have a right to his continued allegiance. He should have filed a request to withdraw. He has a duty to help his clients find lawyers. You should talk to someone at the local bar association. If it's about an injury... Read more »

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1 Answer | Asked in Legal Malpractice for North Carolina on
Q: What kind of lawyer do I need to sue another lawyer for malpractice?
Brian F Davis
Brian F Davis answered on Jan 24, 2013

You need to hire a lawyer who handles legal malpractice cases. There are not many of us who do this type of work because lawyers do not like to sue other lawyers. Most of the time, these types of cases are also very complex and expensive to handle. Therefore, you need to have significant damages to... Read more »

1 Answer | Asked in Legal Malpractice for North Carolina on
Q: How do you report a lawyer for practices that have been paid for that the lawyer never handled?
Terrence Rubino
Terrence Rubino answered on Nov 8, 2011

i understand your question to be that you paid a lawyer to do something and the lawyer did not do it. lawyers have many varied ethical duties. these duties vary from state to state but basically involve honesty. each state has a disciplinary commission or board that governs the conduct of lawyers.... Read more »

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