Tennessee Legal Malpractice Questions & Answers

Q: Nashville, Tn. Received a summons for court in Dec. 2018 from Law firm that is a debt collector for Target.

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Legal Malpractice for Tennessee on
Answered on Mar 10, 2019
Timothy Denison's answer
Consult a bankruptcy attorney to see if a Chapter 7 or 13 could help you.

Q: Is not filing a default judgement against defendant by my attorney malpractice. Well over the 90 mark past the deadline

1 Answer | Asked in Legal Malpractice for Tennessee on
Answered on Jan 23, 2019
Anthony Marvin Avery's answer
NO, as Default Judgments are frequently set aside for little or no reason. Your attorney may be pursuing another method of receiving money prior to going through the motions of what would probably be set aside later.

Q: Me and my husband been married for 17 years and he married another woman while we still legally married

1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Answered on Sep 6, 2018
Leonard Robert Grefseng's answer
You do not ask a specific question- but it sounds like you need to file for divorce. The divorce Judge will make a division of the property ( if you are paying for it, you are likely to get it) and set up a parenting plan for your children and set child support. Consult an experienced divorce lawyer in your area.

Q: Can a lawyer that was guardian ad lidem to a child in a now closed case be the lawyer for a relative trying to have said

1 Answer | Asked in Family Law and Legal Malpractice for Tennessee on
Answered on May 11, 2018
Leonard Robert Grefseng's answer
This is a "fact-specific" question, or in other words, the specific facts of the case will determine whether a conflict of interest arises. Generally, a lawyer cannot and should not "switch sides" in a lawsuit, but it is sometimes possible to represent someone who you has previously opposed. Any conflict of interest can be waived if the client or former client consents in writing.

Q: Paid a settlement amount a year ago.Now they want more

1 Answer | Asked in Collections and Legal Malpractice for Tennessee on
Answered on Apr 20, 2018
Leonard Robert Grefseng's answer
your question really doesn't contain enough information to provide an accurate answer. If you truly "settled' the debt, hopefully there are letters, cancelled checks, or receipts or other documents that can prove what the agreement that was made. ALWAYS get it in writing. If is was just a verbal agreement or a telephone conversation, there could be a problem. However, debt collectors can make mistakes like anyone else, so there is also the possibility that the recent collection effort is just...

Q: What forms are needed to file for a replacement of appointed attorney with a different appointed attorney?

1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Tennessee on
Answered on Feb 8, 2018
Mr. William Ray Glasgow's answer
Rarely will a court appointed attorney be replaced with different appointed counsel. I am not aware of any "forms" for doing so. Before you do anything, ask yourself if you have fully cooperated with your attorney and what part you have in the matter not being resolved. If you genuinely believe you have not been represented responsibly and zealously, you can file a complaint with the court and with the Board of Professional Responsibility to make them aware of what you believe is ineffective...

Q: What can I do about attorney signing my name to a document in my social security disability case?

1 Answer | Asked in Legal Malpractice and Social Security for Tennessee on
Answered on Jan 3, 2018
Marjorie A Bristol's answer
You should make sure that your current attorney knows of the forgery. You can also report the attorney to the Tennessee Board of Professional Responsibility.

Q: In Tn. do you have to be a lawyer to open a law firm

1 Answer | Asked in Business Formation and Legal Malpractice for Tennessee on
Answered on Feb 20, 2017
Kevin Christopher's answer
You cannot practice law in Tennessee without admission to the bar or in limited circumstances being supervised by someone who is admitted. Is your question about entering into a business partnership with a lawyer?

Q: Is wholesaling real estate legal in the state of Tennessee?

1 Answer | Asked in Estate Planning, Land Use & Zoning, Legal Malpractice and Real Estate Law for Tennessee on
Answered on Jan 3, 2017
Leonard Robert Grefseng's answer
Sorry, but you haven't provided enough information to understand your situation. Please explain what you mean by "wholesaling." Generally, a seller can sell to whoever they want. Buyer and seller are free to agree on all kinds of terms.

Q: Under Tennessee law. If my attorney dismisses my federal lawsuit without my knowledge or consent, what are my options?

1 Answer | Asked in Civil Litigation and Legal Malpractice for Tennessee on
Answered on Dec 1, 2016
Leonard Robert Grefseng's answer
Time limits apply, so you will need to act promptly. If this occurred recently, you can file a motion ( a written request) with the to set aside ( un-do) the dismissal). If too much time has passed, you might still be able to re-file the lawsuit, but this is very complicated ( NOT something you can do without a lawyer). It depends on whether the dismissal was "with" or "without prejudice". Explaining that distinction would take more time and space than is permitted in this type of...

Q: Does Tennessee allow non-attorney representation without it being considered UPL?

1 Answer | Asked in Legal Malpractice for Tennessee on
Answered on Oct 13, 2016
Bennett James Wills' answer
In Tennessee only a licensed attorney may represent someone in court. The only exception to this is that a party may act pro se. Any other non-attorney would be committing unauthorized practice of law.

Q: Would I be held liable if I offered as a community service to help people do living wills

1 Answer | Asked in Estate Planning and Legal Malpractice for Tennessee on
Answered on Feb 16, 2016
Adam Studnicki's answer
You might run afoul of rules or laws against the unauthorized practice of law.

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...

Q: Can anything be done to an attorney for being in rehab while being hired by a client

1 Answer | Asked in Legal Malpractice for Tennessee on
Answered on Jun 17, 2015
John M DeProspo's answer
Can anything be done? Such as what?

Q: If my atty, stops contacting me, and does not respond to my calls, emails, etc. can I pursue malpractice?

1 Answer | Asked in Legal Malpractice for Tennessee on
Answered on Jun 17, 2015
John M DeProspo's answer
No, that would not be legal malpractice. Bad lawyering, maybe. You need to go to the lawyers office, unannounced, and speak with him or her.

Q: How do I sue my lawyer?

1 Answer | Asked in Legal Malpractice for Tennessee on
Answered on May 4, 2015
John M DeProspo's answer
You have not given any details about why you think you have a lawsuit against your lawyer. The way to sue a lawyer is to find a legal malpractice lawyer to take your case.

Q: How do I file for malpractice by my lawyer

1 Answer | Asked in Legal Malpractice for Tennessee on
Answered on Jan 26, 2015
Robert D. Kreisman's answer
Legal malpractice cases generally amount to two separate cases in one that a plaintiff must prove. First, a claimant would have to show that whatever the lawyer(s) did or didn't do was the reason you were damaged and be able to prove what your resulting damages were as caused by the lawyer(s)' negligence. Then, the second part of the case is to prove that what the lawyer(s) did or didn't do that caused your harm was legal negligence that was unethical, careless, negligent under the legal...

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