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Pennsylvania Legal Malpractice Questions & Answers
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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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... Read more »

Kathryn Hilbush
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... 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
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
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... Read more »

Peter N. Munsing
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
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...
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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
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
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... 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
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
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...
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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
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
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
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....
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1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: the lawyer that said he woult take the case

while incarserated the handicap chair broke on me while showering i had talked to a attorney and he said he would take the case i ha paid him 650.00 i tried to call him while i was in but to no advail i am home now buy he wont return my calls i dont think he filed anything for me can i go after him... Read more »

John M DeProspo
John M DeProspo answered on Jul 8, 2015

Did you sign a retainer with the lawyer? It is hard to answer whether or not you have a good legal malpractice case from the information you've posted. You should contact another personal injury lawyer in your area who can go into this in greater detail.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: how do you file a claim against an attorney who loses a case on purpose?

unmanageable, unprepared and plain right bad

John M DeProspo
John M DeProspo answered on May 6, 2015

More information would be needed. What type of case? The lawyer lost the case on purpose? I don't think I've ever heard such a thing. You would need to contact a legal malpractice lawyer who can tell you if you have a good case.

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