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Tennessee Legal Malpractice Questions & Answers

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 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 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 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 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 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 previously opposed. Any... 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 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 just a verbal... 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 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 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 believe you... 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 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 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 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.

1 Answer | Asked in Civil Litigation and Legal Malpractice for Tennessee on

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

Leonard Robert Grefseng answered on Dec 1, 2016

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... Read more »

1 Answer | Asked in Legal Malpractice for Tennessee on

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

I am an advocate and court mediator in Michigan. While anyone can represent themselves pro se, many people seek the assistance of someone other than an attorney. I have been asked by a couple in Tennessee who allege deficient workmanship by a contractor hired to build a garage and make other... Read more »

Bennett James Wills answered on Oct 13, 2016

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.

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

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

They would sign a disclaimer showing that I was not a lawyer nor was I offering legal advice etc. I would print off the living wills that were for Tennessee. They would also have to take them to get them notarized.

Adam Studnicki answered on Feb 16, 2016

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

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

John M DeProspo answered on Jun 17, 2015

Can anything be done? Such as what?

1 Answer | Asked in Legal Malpractice for Tennessee on

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

atty, took deposition in October 2013 and no other contact since then,

John M DeProspo answered on Jun 17, 2015

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.

1 Answer | Asked in Legal Malpractice for Tennessee on

Q: How do I sue my lawyer?

John M DeProspo answered on May 4, 2015

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.

1 Answer | Asked in Legal Malpractice for Tennessee on

Q: How do I file for malpractice by my lawyer

Robert D. Kreisman answered on Jan 26, 2015

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)'... Read more »

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