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Oregon Legal Malpractice Questions & Answers

1 Answer | Asked in Car Accidents and Legal Malpractice for Oregon on

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

Joanne Reisman answered on Feb 12, 2018

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... Read more »

2 Answers | Asked in Real Estate Law, Small Claims, Civil Litigation and Legal Malpractice for Oregon on

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?

This was result of dealing with a litigation with EX (not divorce) and I fought the appraiser on the value, as I'm in real estate, also had shared the value with another friend of my in real estate no one could believe the value he was giving it. I had also provided him with the $30k in repairs... Read more »

Joanne Reisman answered on Feb 2, 2018

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... Read more »

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1 Answer | Asked in Legal Malpractice and Probate for Oregon on

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

i retained a probate attorney back in 2016 and he agreed to help me with a eviction notice after the tenant was served a 60 day notice he refused to move and now the attorney is refusing to help with filing with the courts

Joanne Reisman answered on Aug 13, 2017

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... Read more »

1 Answer | Asked in Family Law and Legal Malpractice for Oregon on

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

Joanne Reisman answered on Mar 19, 2017

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... Read more »

1 Answer | Asked in Legal Malpractice for Oregon on

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

My former Oregon divorce attorney mishandled my divorce and made numerous costly mistakes. What is the time limit for filing a claim with the OSB Professional Liability Fund? And does the clock start ticking from when I hired him, or the date we terminated our relationship?

Peter N. Munsing answered on Aug 30, 2016

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... Read more »

1 Answer | Asked in Legal Malpractice for Oregon on

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

I have an issued with the Jantzen Beach Moorage which is an HOA and the lawfirm that wrote the rule book in Oregon on HOAs is protecting the HOA. I need a lawyer who is not afraid of Vial Forthenheim so I can sue the moorage. The moorage manager is applying illegal fees against me, and taking... Read more »

Robert D. Kreisman answered on Jan 26, 2015

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.

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