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Pennsylvania Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Did my lawyer break the law?

A few days before my lawsuit trail my lawyer explained to me that he had an agreement with the defendant's lawyer. Whichever side lost would not appeal the jury decision. Our side lost; right after the jury's choice was heard I was reminded there could be no appeal.

Was that... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

If you wanted to do anything as to the attorney your time ran two years ago (assuming the trial was four years ago). It's not unusual to have agreements like that but usually they are tied to something called a high/low where if you lose you get the minimum, if you win, you only get up to the... Read more »

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: What can I do when my attorney won't return my retainer?

I asked for the money back within 24 hours of payment. The attorney ignored me for a week, until I brought up matters of trust funds and attorney obligations in an e-mail. Then I was contacted almost immediately. Contract makes no mention of non-refundable and attorney agreed to return the funds.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

I suggest you drop off a written request or send one certified return receipt requested. Then contact the attorney-client dispute resolution committee of the bar association for the county where the lawyer practices.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Can I sue my lawyer for malpractice?

After their testimonies unwittingly showed their motor vehicle hit my bicycle, my lawyer did not question the defendant's witnesses over their words at their cross examinations. He also did not raise their statements at his closing argument before the jury! We lost the jury decision.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

The lawyer may have had tactical reasons for doing what he did. Jurors may have looked at other issues. Your attorney was, I assume under a contingent fee. He had every reason to do his utmost to win. If he and you believe it's against the weight of the evidence he can file an appeal. That... Read more »

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Is it legal for universities to require the vaccine? Or wear a mask and get tested twice a week if you don’t?

My university is basically saying get vaccinated or get tested twice a week AND wear a mask on campus if you want to attend in person classes. I feel as if this is not fair and it is might right to have the choice of wearing a mask/getting vaccinated. Especially since I am paying for the education... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

Recent decisions suggest it is. They are doing this for other students. Just as if they had gas fumes they would have a duty to control them. The "studies" you refer to, if they aren't from a peer reviewed medical journal, they hold no weight in Court. Or you can attend mask free,... Read more »

1 Answer | Asked in Insurance Bad Faith, Wrongful Death, Criminal Law and Legal Malpractice for Pennsylvania on
Q: The cops parked in our bar parking lot, facing the door, and watched customers exit this business, get into their car.

The cops then pulled this person over for suspicion of DUI....is this some firm of entrapment?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 16, 2021

Entrapment is an officer inducing you to do something you wouldnt otherwise do. Which is not the caae here. However, simply leaving a bar parking lot is probably insufficient for a car stop.

With other factors present it can be considered by the officer in forming reasonable suspiscion...
Read more »

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Current lawyer has made many errors on court filings, has lost documents, missed required dates on notices and lied.

What can I legally do and do you handle estate litigation?

Can you help? Trial is Feb 17th.

Clifford B Cohn
Clifford B Cohn answered on Jan 13, 2021

Please email me at cbcohn @cbcohn.com and I will send a form for you to fill out,,,and we can take a look at case. Please let me know that you reached out through Justia

Thanks

CLIFF COHN

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Does a lawyer have to pay a client back if the charges are dropped by the state

If the charges are dropped before the court process even start

Clifford B Cohn
Clifford B Cohn answered on Oct 19, 2020

It really depends on what your fee agrement says. Please read carefully. Many criminal defense lawyers have 'non refundable' fees set forth in their fee agreement.

1 Answer | Asked in Real Estate Law and Legal Malpractice for Pennsylvania on
Q: What is legal malpractice and is the firm responsible?

In short, wife inherits a house in Pa. from a friend that passed. She gets a lawyer in Pa because the estate is based in Tn. For over a year the Pa lawyer told her things that were not true, didn't file taxes, didn't file for the deed, etc. etc. even with my wife and the lawyer from Tn.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

The fee dispute resolution committee, but I'd suggest get another attorney then decide about the malpractice --certainly file a claim to protect yourself as to the money etc.

Q: Settled, incident 3+yrs ago. Lawyer never contacts us & refused itemized. Over 2x more $ and now being told out of cntry

Personal insurance covered everything when stores should have, so they taking for every doc visit, which still happens frequently. Delays seem to be from our own lawyer at this point, we were told to sign months ago, without being able to see itemized receipt even though we asked for it. The... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 20, 2020

If lawyer is out of country and has access to email, that should still enable wrapping up paperwork for case. If you are able to establish email contact and carrier is willing to work with digital scans of releases, lien forms, and other related paperwork for closing out the case, that might be an... Read more »

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1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: how long does someone have to file a civil complaint in pa?
Clifford B Cohn
Clifford B Cohn answered on Mar 15, 2020

In Pennsylvania, the statute of limitations for legal malpractice can be two or four years from the time that you knew or should have know that the attorney did something wrong,

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Legal Malpractice for Pennsylvania on
Q: In the state of PA ,Can I legally take my daughter from the father if we have no court order or custody established?

He has had her for 4 years from never giving her back to me amd is now not taking care of her properly he has an opend case with cny in another county . I want to take her to live with me and he is going to get aggressive and call the police . Will I get introuble for taking my daughter from him?

Kathryn Hilbush
Kathryn Hilbush answered on Aug 18, 2019

I would not recommend that you just take the child away from him if there's an open CYS case. Talk to an experienced family law attorney to determine whether you should consider filing for custody.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Legal Malpractice for Pennsylvania on
Q: Can I take my daughter legally from the father if we have no court order or custody established?
Cary B. Hall
Cary B. Hall answered on Jul 23, 2019

"Legally," there's nothing (yet) preventing you from doing so . . . or from him snatching your daughter from YOU. What's good for the goose is good for the gander. And that's why your best bet is to file a custody action and get a court order outlining who has custody,... Read more »

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Can I have a lawyer legally sign a motion to suppress evidence for friend, but not hire torepresent in court?
Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2019

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."

2 Answers | Asked in Legal Malpractice for Pennsylvania on
Q: Who do I call to sue schindler for no emergency response while trapped in elevator

Trapped for 2 hrs repeatedly called emergency button in elevator they did nothing

Clifford B Cohn
Clifford B Cohn answered on Jan 19, 2019

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.

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Legal Malpractice for Pennsylvania on
Q: How long after receipt of a forensic custody/psych eval must a hearing be held? Esp if primary parent deemed detrimental

This is the 2nd forensic eval. 1st strongly rec immediate crisis counseling 4 both girls, 11&12, an urgent change in cust over 2 us due 2 the severity of mom's abusive behaviors causing severe issues due 2 her severe psych/abuse & alienation. After 1st report, b4 our 4 month delay... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jan 15, 2019

It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.

2 Answers | Asked in Contracts, Civil Litigation, Communications Law and Legal Malpractice for Pennsylvania on
Q: If an attorney makes an appearance as additional counsel for a plaintiff, is it required that both are on the filings?

I am currently a defendant in a civil matter in Pennsylvania. Two years into the case, a lawyer from a different law firm made an appearance as additional counsel "Lawyer A" for the plaintiff. This new law firm then made motions to the court without having the Plaintiff's original... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Oct 8, 2018

That is not usually how it goes. The judge will want all attorneys to enter their appearances.

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1 Answer | Asked in Legal Malpractice and Medical Malpractice for Pennsylvania on
Q: We filled out papers we had to sign to begin with the lawsuite.

We were told we have a potential case

Elizabeth Tarasi
Elizabeth Tarasi answered on Jul 5, 2018

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

When I call the attorneys office he never responds to my calls.should I get another attorney?

Elizabeth Tarasi
Elizabeth Tarasi answered on Jul 5, 2018

No, when you call an attorney they should return your call within a day or two. Are you sure the case was filed?

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Pennsylvania on
Q: Where is the criminal statute for practicing medicine without a license in Md What is the code number
Cary B. Hall
Cary B. Hall answered on Jun 18, 2018

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...
Read more »

2 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Pennsylvania on
Q: Can an opposing party's lawyer talk to my children without my permission in a custody dispute?
Kathryn Hilbush
Kathryn Hilbush answered on May 20, 2018

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

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