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Tennessee Legal Malpractice Questions & Answers
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.

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
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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... View 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... View 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... View 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... View 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... View 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... View 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
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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.

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
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... View 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... View More

Bennett James Wills
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
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
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
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
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.

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