Pennsylvania Legal Malpractice Questions & Answers

Q: Can I have a lawyer legally sign a motion to suppress evidence for friend, but not hire torepresent in court?

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Answered on Mar 18, 2019
Peter N. Munsing's answer
You would retain them to represent the client for a limited purpose. However many lawyers might not go with this because the Court may require they file a withdrawal of counsel and even if that's what the defendant agreed to the Court can say "too bad--we aren't letting you out."

Q: Who do I call to sue schindler for no emergency response while trapped in elevator

2 Answers | Asked in Legal Malpractice for Pennsylvania on
Answered on Jan 19, 2019
Clifford B Cohn's answer
This is not really a legal malpractice question, but a personal injury question. Most personal injury attorneys offer free consultations so Google personal injury lawyers or search Justia or AVVO in Philadelphia.

Q: How long after receipt of a forensic custody/psych eval must a hearing be held? Esp if primary parent deemed detrimental

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Legal Malpractice for Pennsylvania on
Answered on Jan 15, 2019
Kathryn Hilbush's answer
It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.

Q: If an attorney makes an appearance as additional counsel for a plaintiff, is it required that both are on the filings?

2 Answers | Asked in Contracts, Civil Litigation, Communications Law and Legal Malpractice for Pennsylvania on
Answered on Oct 8, 2018
Elizabeth Tarasi's answer
That is not usually how it goes. The judge will want all attorneys to enter their appearances.

Q: We filled out papers we had to sign to begin with the lawsuite.

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Pennsylvania on
Answered on Jul 5, 2018
Elizabeth Tarasi's answer
I am located in Pittsburgh. If you would like to call me to discuss this my phone number is 412-391-7135.

Q: Filed for a medical malpractice lawsuit two months ago and still haven't heard from the attorney. Is this standard pract

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Products Liability for Pennsylvania on
Answered on Jul 5, 2018
Elizabeth Tarasi's answer
No, when you call an attorney they should return your call within a day or two. Are you sure the case was filed?

Q: Where is the criminal statute for practicing medicine without a license in Md What is the code number

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
I can only answer as to Pennsylvania law. Title 18, section 4913 ("Impersonating a notary public or a holder of a professional or occupational license") is probably what you're looking for.

If you're looking for a similar statute in Maryland, I suggest posting your question in the Maryland law section. Best of luck to you.

Q: Can an opposing party's lawyer talk to my children without my permission in a custody dispute?

2 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Pennsylvania on
Answered on May 20, 2018
Kathryn Hilbush's answer
Not all attorneys agree on whether they should speak to the children but, as long as the other parent has custodial rights to the children, the attorney may speak with them

Q: Missed TPR hearing. :*( CYS mailed lawyer only; didn’t tell me. I reqd he appeal TPR [30d,in PA]; didn’t. Any Recourse?

1 Answer | Asked in Family Law, Adoption, Child Custody and Legal Malpractice for Pennsylvania on
Answered on May 5, 2018
Kathryn Hilbush's answer
You have a limited time within which to file and appeal. I strongly urge you to consult with an attorney experienced in appellate work, particularly dependency cases if possible, as well as to find a way to pay for the attorney. Don't miss the appeal deadline - you've already got enough procedural issues in your case.

Q: How to determine if a judge is prejudiced to your case and how to get legal help to get son back

1 Answer | Asked in Child Custody and Legal Malpractice for Pennsylvania on
Answered on Mar 28, 2018
Kathryn Hilbush's answer
You really should consult with an experienced family law attorney in your area. There's no way this question can be answered in an online forum such as this.

Q: Is it ethical for an attorney to investigate someone (e.g., military and education records) for a friend?

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Answered on Sep 12, 2017
Peter N. Munsing's answer
The fact they are an attorney doesn't strip them of the fact that anyone can try to investigate anyone's records. Now if they use an authorization improperly there are issues.

Q: legal liability of a clinical nurse instructor who deems a nurse competent but the nurse causes bodily harm to a patient

1 Answer | Asked in Legal Malpractice, Personal Injury and Medical Malpractice for Pennsylvania on
Answered on May 29, 2017
Peter N. Munsing's answer
No case law I'm aware of specific to that particular situation. Much would depend on the procedure to be preformed, the degree of risk, the nature of any supervision. Feel free to call if you have further questions. Yes I'm in Memorial Day.

Q: Can the lawyer change the percentage to 40% after you already signed for 33%?

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Answered on Nov 1, 2016
Peter N. Munsing's answer
The new lawyer should have had a new fee agreement. If they didn't they are bound by the old. You should get an itemized statement of costs. Generally, unless you are Limited Tort in a car crash case, standard fee is 33%.

If you can't work it out with the lawyer, contact the fee dispute resolution committee of your county's bar association.

Q: Can a judge say I am not allowed to speak with the court administrator or visit the courthouse? He has no grounds.

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for Pennsylvania on
Answered on Aug 23, 2016
Peter N. Munsing's answer
If it's a judge of that Court you'd need to talk to a lawyer about it. You have a right to go to court via an attorney. Your right to physically be there can be limited if you have engaged in conduct for which a judge may exclude you. Suggest you contact the Pennsylvania Civil Liberties Union.

Q: I found another clients documents in my files .

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Answered on Aug 18, 2016
Peter N. Munsing's answer
It can happen.That's not malpractice--it's clerical error. Assuming the file stays in the attorneys office, technically there has been no dissemination to anyone else. You can ask them to look and see if there is any other correspondence of yours elsewhere. Put it another way, it's similar to getting a fax intended forsomeone else. Embarassing? Yes. Malpractice? No.

Q: My parents I just discovered , had 2 estate plans done within 6 year periodthey had a original estate plan in 1989

1 Answer | Asked in Estate Planning and Legal Malpractice for Pennsylvania on
Answered on Aug 18, 2016
Peter N. Munsing's answer
You can contact the Attorney Generals office. I would suggest you look for a member of the Pennsylvania Assn for Justice that handles professional negligence cases.

Q: Is it legal for a Pennsylvania attorney to set up a job interview as a guise to collect debt for a client?

1 Answer | Asked in Collections and Legal Malpractice for Pennsylvania on
Answered on Aug 18, 2016
Peter N. Munsing's answer
If it's the lawfirm that does debt collection it may not be anything other than their standard letterhead. Research the law firm.

If your other bills were refereed to them you would know. I don't know that it's illegal as you sent a resume to them--they didn't reach out to you. So short answer to your question is no.

Q: Pennsylvania: Is it a conflict of interest if a lawyer represents a client that is his neighbor?

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Answered on Jan 13, 2016
Adam Studnicki's answer
Not sure why, but check with a local PA ethics lawyer.

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 it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your...

Q: This is a legal malpractice question.

2 Answers | Asked in Legal Malpractice for Pennsylvania on
Answered on Nov 11, 2015
Adam Studnicki's answer
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 it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to...

Q: If a lawyer commits civil fraud what Model rule is he violating?

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Answered on Jul 25, 2015
Adam Studnicki's answer
The Model rules are just that: Model rules. What's relevant are the rules in State in which the lawyer is practicing.

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 not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents....

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