Oregon Legal Malpractice Questions & Answers

Q: What are my options if my lawyer refuses to give me the 50/50 we agreed on

1 Answer | Asked in Car Accidents and Legal Malpractice for Oregon on
Answered on Feb 12, 2018
Joanne Reisman's answer
First of all make sure you understand what your lawyer is stating about your agreement. Most agreements have an additional clause that the client must pay expenses out of the client's share of the recovery. So if that is what is going on your share would be 1/2 minus the expenses. There also can be liens on a recover that have to be paid no matter what and that reduces the amount left. So if there is a dispute over how to figure out what the wording of the contract is in terms of what your...

Q: I had an appraisal done on my house & 3 years later, the value hasn't changed. Do I have a case against appraiser E&O?

2 Answers | Asked in Real Estate Law, Small Claims, Civil Litigation and Legal Malpractice for Oregon on
Answered on Feb 2, 2018
Joanne Reisman's answer
I am not sure what your legal question is. The appraisal at a given point in time has nothing to do with the value at any other point it time. An appraiser is supposed to give you their professional opinion of a value of real estate on a certain date. You can always testify and give your opinion of the value of real or personal property. In a domestic relations case Judge will then decide what opinion they want to adopt as to value. But the value three years later is not relevant. You...

Q: if i retained a probate attorney can he legally quit in the middle of the case in oregon

1 Answer | Asked in Legal Malpractice and Probate for Oregon on
Answered on Aug 13, 2017
Joanne Reisman's answer
Attorneys are allowed to withdraw from a case unless the withdrawal would severely predjudice the client, like if the attorney withdraws one day before trial. It doesn't sound like you are that type of urgent situation. Get another attorney and get on with it. If the withdrawal is due to you not being able to pay the attorney, I suggest you find a way to pay the next attorney.

Q: My court appointed attorney is married to a CPS caseworker. Isn't that a conflict of interest?

1 Answer | Asked in Family Law and Legal Malpractice for Oregon on
Answered on Mar 19, 2017
Joanne Reisman's answer
it shouldn't be. I would only be concerned if the spouse CPS worker was involved in the same case. Every attorney is ethically required to zealously represent their client. It doesn't matter who they are married to. If you feel that this is causing a problem, then you might want to ask the judge to appoint a different attorney. But it really should be a problem.

Q: Oregon divorce atty mishandled my divorce & made costly mistakes. What's time limit for filing w/ Prof. Liability Fund?

1 Answer | Asked in Legal Malpractice for Oregon on
Answered on Aug 30, 2016
Peter N. Munsing's answer
Usually it would run from the date that the act of malpractice occurred. It may be difficult to prove your case from the general way your describe it (do not respond--this is a public website, open to all). I suggest you contact a member of the Oregon Assn for Justice who handles legal malpractice to get the answer to the first question and they may give you an assay of your case as you discuss it.

Q: Where do I turn to when I feel the lawyer has not acted in a legal manner

1 Answer | Asked in Legal Malpractice for Oregon on
Answered on Jan 26, 2015
Robert D. Kreisman's answer
To answer your question, you should pose it to a local lawyer. Be prepared then to show all of your documents that may show what you believe to be unlawful or illegal assessed fees. You may be asked to bring along all of your documents related to this arrangement.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.