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Tennessee Legal Malpractice Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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
PREMIUM
Anthony M. Avery
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

Cayley Turrin
PREMIUM
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
PREMIUM
Anthony M. Avery
answered on May 20, 2019

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

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Legal Malpractice for Tennessee on
Q: Nashville, Tn. Received a summons for court in Dec. 2018 from Law firm that is a debt collector for Target.

Court date is in 3 more business days, what are my options as I have a lot of debt in collections

Timothy Denison
Timothy Denison
answered on Mar 10, 2019

Consult a bankruptcy attorney to see if a Chapter 7 or 13 could help you.

1 Answer | Asked in Legal Malpractice for Tennessee on
Q: Is not filing a default judgement against defendant by my attorney malpractice. Well over the 90 mark past the deadline
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 23, 2019

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.

1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Q: Me and my husband been married for 17 years and he married another woman while we still legally married

He got my belongings in the house and i have been paying for and he been stealing from his family and we have 2 children together

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 6, 2018

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... Read more »

1 Answer | Asked in Family Law and Legal Malpractice for Tennessee on
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

Child removed due to deplorable living conditions?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on May 11, 2018

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... Read more »

1 Answer | Asked in Collections and Legal Malpractice for Tennessee on
Q: Paid a settlement amount a year ago.Now they want more
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Apr 20, 2018

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... Read more »

2 Answers | Asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Legal Malpractice for Tennessee on
Q: I'm looking for case law involving a motion to vacate due to attorney fraud. The lawyer in question plead guilty.

The attorney forged documents stating he was conducting actions on behalf of client, later it was discovered he was doing nothing, on which he plead guilty (he did the same to many others).

The client was defaulted and then never granted appeal do to the inactions of said attorney. The... Read more »

Bennett James Wills
Bennett James Wills
answered on Apr 5, 2018

Tennessee rule of civil procedure 60.02.

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1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Tennessee on
Q: What forms are needed to file for a replacement of appointed attorney with a different appointed attorney?

My court appointed attorney has not presented crucial evidence in my case with dcs and an abuse based on neglect ruling was made because of it. He refused to appeal. Now the dcs is defying court orders that are necessary to get my child home, they are refusing to provide me copies of court orders... Read more »

Mr. William Ray Glasgow
Mr. William Ray Glasgow
answered on Feb 8, 2018

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... Read more »

1 Answer | Asked in Legal Malpractice and Social Security for Tennessee on
Q: What can I do about attorney signing my name to a document in my social security disability case?

The social security administration informed me about it because she came across another hearing form and realized what had happened. The attorney that signed the paper was no longer representing me in the case at the time that she forged my name.

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 3, 2018

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.

1 Answer | Asked in Business Formation and Legal Malpractice for Tennessee on
Q: In Tn. do you have to be a lawyer to open a law firm

Can a non-lawyer start a law firm in TN

Kevin Christopher
Kevin Christopher
answered on Feb 20, 2017

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?

1 Answer | Asked in Estate Planning, Land Use & Zoning, Legal Malpractice and Real Estate Law for Tennessee on
Q: Is wholesaling real estate legal in the state of Tennessee?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 3, 2017

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.

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