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Tennessee Legal Malpractice Questions & Answers
1 Answer | Asked in Family Law and Legal Malpractice for Tennessee on
Q: Legal heir can be newly added after 1year in an given certificate. By showing new guideline given.

Sir my friend husband passed in 2021 .actually his father supported her to legal heir certificate by adding mother widow and son and get legal heir certificate in 2022 Feb month then they split their shares given by insurance company. Now his father asking for a share that he has rights in new go... View More

Anthony M. Avery
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answered on Sep 6, 2023

I do not know what a heir certificate is, but you are probably talking about an affidavit of heirship that determines a decedent's heirs under oath. Also I do not know what a go guideline is. If this is some type of TN child support, it has nothing to do with insurance already paid out... View More

2 Answers | Asked in Real Estate Law and Legal Malpractice for Tennessee on
Q: My attorney did our deeds incorrectly, how can this be fixed without having to sign again?

One of the original signing tenants are not available to sign.

Anthony M. Avery
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answered on Sep 1, 2023

You will need to hire a competent TN attorney that knows real property litigation, not a title co. Almost surely signatures will again be required by all necessary parties. If they are not available, the title may be clouded or void permanently. A Quiet Title Action may be necessary with... View More

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1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Q: I want to know if I can sue my divorce attorney for all or part of the money I paid him because he did nothing for me.

I paid a divorce attorney in February 2022 to get a divorce, it went on for 11 months because my wife could not be found and, therefore was never served with papers. We made 1 court appearance and that was to get permission to run an add in the local paper. Soon thereafter, my attorney quit,... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

I assume the $1,000 does not include your filing fees, service fee, publication fee, or the ad litem’s fee.

Even then, $1,000 is awfully skinny to start a divorce case particularly if the attorney knew in advance you didn’t know where your wife is.

While you can sue, you might...
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1 Answer | Asked in Legal Malpractice for Tennessee on
Q: Since my attorney did not handle my case based on the Professional Rule of Conduct, do I have a malpractice suit?

My attorney did not re[prent me in court by refusing to cross examine my ex husband on the stand. Furthermore, he did not inform me of his surgery during the time of my case. His wife had recently passed as well. When I asked for my case file he yelled at me and hung up. How do I proceed?

Joel Gary Selik
Joel Gary Selik
answered on Feb 10, 2024

It might be a case. Legal malpractice means that a lawyer violated the standard of care. A bad outcome is not enough. Consult with experienced legal malpractice attorneys in the state where this occurred.

1 Answer | Asked in Family Law, Legal Malpractice and Elder Law for Tennessee on
Q: My cousin lives out of the country. His mother, my aunt, has dementia. Am I legally responsible for her if he has POA?
Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

You are not legally responsible for your aunt unless you have taken on that responsibility.

1 Answer | Asked in Civil Litigation, Legal Malpractice, Probate and Securities Law for Tennessee on
Q: How do I prove insurance fraud concerning an estate. Agent helping ex to pay off property with the decedent's insurance

Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud

Anthony M. Avery
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answered on Sep 25, 2023

What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney.

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Tennessee on
Q: Four years ago or so i had got in a lil problem with an officer and also ambulance that had overdosed me.can i sue?

The officer had lied and the ambulance had no reason to give me a shot of ketamine im.i thought ambulance not allowed to do that and i feel like i was being sex trafficked or endanger and i never got charged with a crime.can i get a compensation.

Cayley Turrin
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Cayley Turrin
answered on Aug 22, 2023

I would talk to a civil attorney but I would say no.

1 Answer | Asked in Legal Malpractice and Libel & Slander for Tennessee on
Q: A work comp PI showed my daughters dad pics of me picking them up from the bus stop and taking them to school- legal?

This affects nothing about my case bc I clearly stated in my deposition that I take them to school but created huge and long lasting problems within my family and thats why it feels like harrassment.

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2023

It is common in case for the defense to take sub-rosa videos of the parties involved. As long as the photographers are in a lawful place seeing what is open to the public, it is not generally a violation of law.

1 Answer | Asked in Legal Malpractice for Tennessee on
Q: What could I sue for in legal malpractice if my attorney didn't file my case in time or contact the business that I him?

Was hurt with falling merchandise and needed 4 surgeries. Hired attorney 3 month after injury. He didn't send anything to me or contact me. We spoke once, 3 months before the deadline to tell him that i'm seeing a surgeon. Surgeries began after the statute of limitation and with... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 23, 2023

Where a client hires an attorney and the attorney fails to file the lawsuit in time, the client can recover what the client would have recovered in the underlying case.

Contact a legal malpractice specialist right away.

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Legal Malpractice for Tennessee on
Q: What can I do about a lawer not returning my retainer?

I paid a lawyer $3500 for a child visitation. He drew up a parenting plan. But the mother and I came to a agreement without the courts. So I told him to take out for the plan and hrs worked and to send back the rest. He basically is giving me the run around and avoiding me. I never signed no... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 14, 2023

Request, in writing, an itemized time statement. If it is not provided contact the State Bar and look into fee arbitration or small claims court.

Q: How do I get a good Lawyer for free
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. It could depend on what your matter involves. There are attorneys who donate their time to work for free (pro bono) and legal aid societies that offer their assistance as a public service. But these tend to be... View More

1 Answer | Asked in Legal Malpractice and Personal Injury for Tennessee on
Q: is there any liability for a doctor who does not prescribe pain med timely for a patient after several year of doing so?

my Family doctor started me on pain med several years ago after being diagnosed with an incurable disease, and i have been using this med as prescribed since it was first prescribe for me. there has been several times over the past years when he has been as much as 2-5 days late prescribing the med... View More

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2021

A Tennessee attorney could advise best, but your question remains open for two weeks. Based on your brief description, it appears that the measure of damages would essentially be a pattern of several delays in receiving pain relief meds after long-term use of the medication. Although your suffering... View More

1 Answer | Asked in Arbitration / Mediation Law, Workers' Compensation and Legal Malpractice for Tennessee on
Q: A Third Party Administrator gave portions of my medical record to their outside legal counsel for Arbitration.

I don't remember signing anything to the Third Party Administrator to share my Work Comp provider's medical record (for me) with their outside attorney. I stopped the arbitration process. It wasn't working. This attorney is an outside attorney only. Now the the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2021

A Tennessee attorney could advise best, but your post remains open for three weeks. In terms of GENERAL insurance doctrine, regardless of the type of insurance, carriers or their TPAs can delegate defense matters to counsel of their choosing, inhouse or outside. But that is only a general insurance... View More

1 Answer | Asked in Legal Malpractice for Tennessee on
Q: I missed a payment with the agreeing party and they requested my DL be revoked based upon the financial responsibility.

Law. Whats my next step to keep my DL?

Anthony M. Avery
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answered on Jan 4, 2021

You have not stated your exact situation. But generally you have several options. Pay the claim off receiving a release, which you send to DOS. Chapter 7 BR with notice to DOS. Sue the creditor for property damages where comparative fault lies. Wait until you get a notice from DOS and demand... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: As a Notary, can you create legal documentations such as lease, living will, etc. as a service in a small business?

like sites such as Formswift, etc.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 7, 2020

a Notary can notarize documents. A notary should not create legal documents.

1 Answer | Asked in Legal Malpractice for Tennessee on
Q: Should I report my attorney?

This past January, I was involved in a car accident. I went to the emergency room and attended all of my therapy sessions. I call the law office every so often for updates. They always say it’s going to be 6-8 more weeks. (Say this every month) It is now September. Now it’s a different story... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 9, 2020

One of the biggest issues, as I understand it, for clients is lawyer timely communicating with their clients. It is a tough area- the lawyer does have other cases- but does need to communicate. the client has only one case- and wants communication in a process that doesn't often move at a... View More

1 Answer | Asked in Legal Malpractice for Tennessee on
Q: If you are told by your lawyer,"in order to keep services, pay $$ by next court date. Went to court w/$$ & lawyer said

That he wasn't going to be representing me any more. This was on the day of my court hearing. My lawyer wouldn't give me my case file or anything. What can I do pertaining to this situation?

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Feb 20, 2020

No lawyer in TN can retain your case file, whether or not you owe that attorney money. There are things such a lawyer can retain such as his notes and impressions. If the attorney filed a notice of appearance or represented you before the Court, that attorney must file a motion to withdraw and you... View More

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: negligence, malpractice, breach of contract. unresponsive causing life issues

what do I do if an firm is holding money owed to me in a IOLTA and refuses to give info or release funds. The attorney who represented me now has his own firm and they have shut him out and will not provide him info after promising to release monies owed to me. I have been in this battle for over 1... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 5, 2019

Contact the Tennessee Board of Professional Responsibility ( this is the board that governs lawyers). This office can assist you with complaint or disputes with your attorney.

1 Answer | Asked in Legal Malpractice, Criminal Law, Appeals / Appellate Law and Collections for Tennessee on
Q: My van was on a dolly because I haven't gotten tags and made it legal to be on the road yet and somehow the strap broke

And it was in a ditch off the road so I wrote my number and said I'll be right back in 2 windows I went to get straps and help to pull it out when I returned 20mins later the police was there said they were impounding it for an investigation couldn't tell me where or when or how to get it... View More

Cayley Turrin
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Cayley Turrin
answered on Aug 19, 2019

Im not too sure what the question is.

1 Answer | Asked in Legal Malpractice for Tennessee on
Q: Who is responsible for fees and costs if acustody case is filed in the wrong court and is later dismissed
Anthony M. Avery
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answered on May 20, 2019

Usually the Court taxes the Costs to the Petitioner if the Case is Dismissed.

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