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Oregon Legal Malpractice Questions & Answers
Q: Can the defendant sue the state for denying his constitutional rights to a trial before a fair and impartial jury?

If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on May 11, 2022

Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... Read more »

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Oregon on
Q: Am I able to get pro bono help for discrimination malpractice negligence and probably soon a wrongful death suit

My son's father's on his deathbed being refused medical treatment medications and insurance even though his income limit is guaranteed to meet criteria

Virgil Royer
Virgil Royer answered on Dec 20, 2020

Your question likely poses many more questions. Being refused treatment, if done intentionally, can be much more than just negligent conduct. Also, there are many laws to protect people being denied insurance coverage. You may want to contact the state's insurance commissioner with regard to... Read more »

1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Oregon on
Q: My father pass Away in 2007 and I've been trying to find a will or any information ever since my brother will not give m

My father passed away from asbestosis he had a will and they will not give me info on estate. My brother and step mom. We also had a wrongful death suit which they tried to keep me out of also but were told they could not to move forward . My father passed in 2007 I just recently received a very... Read more »

Theressa Hollis
Theressa Hollis answered on May 18, 2020

Unfortunately, no attorney will be able to answer your specific questions online. You should locate an experienced probate attorney in the jurisdiction where your father's estate was probated. The law firm you reference are in California so that may be where you need to hire an attorney.... Read more »

1 Answer | Asked in Legal Malpractice for Oregon on
Q: I need a lawyer to sue another lawyer for legal malpractice
Jeff Merrick
Jeff Merrick answered on Mar 1, 2020

If you'd like, you may E-mail me with the following information:

Who is the lawyer?

What did the lawyer do wrong?

When did you discover the lawyer harmed you?

What is the dollar value of the harm?

Jeff Merrick

Q: If a therapy practice as a whole will not accept registered sex offenders as clients. Do they need to make this known?

If a therapy practice has a policy that they do not see registered sex offenders as clients,

Should this information be made available to you, on their website, or as a screening question?

It wasn't made available to a friend of mine and he started therapy and was seen for 9... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

I'm unaware of it. The practice should have asked. He can file a complaint with the licensing board but I dont see anything. However he should contact a member of the State of Washington Trial Lawyers Assn/Assn for Justice--they give free consults.

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
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... 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... Read more »

Joanne Reisman
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
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... 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
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... 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
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
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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