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Pennsylvania Legal Malpractice Questions & Answers

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 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 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 special rel,... Read more »

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 lawyer "Lawyer B"... Read more »

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 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 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 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 question in the...
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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 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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1 Answer | Asked in Family Law, Adoption, Child Custody and Legal Malpractice for Pennsylvania on

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

CYS only involved in my son’s life because of his Mother...however now I too am in a difficult situation w/ CYS. I have NO criminal record, nice apt, steady job & could have taken my son but they put him in foster care and my visits be supervised. It is/was really tough. I have a terrible time w/... Read more »

Kathryn Hilbush answered on May 5, 2018

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... Read more »

1 Answer | Asked in Child Custody and Legal Malpractice for Pennsylvania on

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

Have so many documents in my favor don't know how to proceed

Kathryn Hilbush answered on Mar 28, 2018

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.

1 Answer | Asked in Legal Malpractice for Pennsylvania on

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

Peter N. Munsing answered on Sep 12, 2017

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.

1 Answer | Asked in Legal Malpractice, Personal Injury and Medical Malpractice for Pennsylvania on

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

Clinical nurse instructor deems a nurse is competent to do a skill after watching the nurse perform the "skill" on a mannequin. The mannequin does not represent the human anatomy in a realistic manner. The nurse performs the skill on a patient without any over site by the clinical instructor and... Read more »

Peter N. Munsing answered on May 29, 2017

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.

1 Answer | Asked in Legal Malpractice for Pennsylvania on

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

Hi I had a lawyer in the beginning of my casea who made me sign an agreement for them to take 33% of my settlement once done. He got sick and had another lawyer take over the case and she is not charging 40% plus 5000 in court fees. I have a friend who is a paralegal and says this is wrong and that... Read more »

Peter N. Munsing answered on Nov 1, 2016

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...
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1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for Pennsylvania on

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

Peter N. Munsing answered on Aug 23, 2016

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.

1 Answer | Asked in Legal Malpractice for Pennsylvania on

Q: I found another clients documents in my files .

My lawyer dismissed me because I questioned their interest in my case ironically. When I picked up my documents I found a few pages of another clients. I am worried that mine are "misplaced"

What do I do?

Peter N. Munsing answered on Aug 18, 2016

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... Read more »

1 Answer | Asked in Estate Planning and Legal Malpractice for Pennsylvania on

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

the last one in 2006 was done with total neglect , and with reckless regard or ignorance of the 1989 plan and 2000 plans These both were done by recommendation of a financial advisor , who preceded to liquidate there 30 year pension and paid up insurance with expensive unaffordable term policies... Read more »

Peter N. Munsing answered on Aug 18, 2016

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.

1 Answer | Asked in Collections and Legal Malpractice for Pennsylvania on

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

I have been looking for employment as a paralegal and submitted my resume to a Scranton law firm who immediately contacted me via email the next day for an interview. I have fallen into financial straits and have fallen behind on medical and credit card bills. After reviewing the request for a... Read more »

Peter N. Munsing answered on Aug 18, 2016

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...
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1 Answer | Asked in Legal Malpractice for Pennsylvania on

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

Remodeling project. Homeowner wants their neighbor (lawyer) to represent them to sue a contractor for remodeling on her home.

Adam Studnicki answered on Jan 13, 2016

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...
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2 Answers | Asked in Legal Malpractice for Pennsylvania on

Q: This is a legal malpractice question.

I am a victim of medical malpractice. I went to this hospital because I was having pain in my legs and feet. I was talked into a decompression surgery saying all my problems was connected and if I had it I will be 85% better. They left me in tremors and

tried to make it look like I had... Read more »

Adam Studnicki answered on Nov 11, 2015

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...
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1 Answer | Asked in Legal Malpractice for Pennsylvania on

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

Adam Studnicki answered on Jul 25, 2015

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...
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