Get free answers to your Legal Malpractice legal questions from lawyers in your area.
I am considering firing my lawyer because I believe he is not representing my son effectively. He has only visited my son twice, and that was during court appearances. There are many discrepancies in the case he refuses to address with the prosecutors. Although I requested an itemized statement of... View More 
answered on Mar 21, 2025
Most likely, from what you say in your question, the lawyer is your son’s lawyer and you and your ex-husband agreed to pay $7500 each for the lawyer to represent your son.
It is important to understand that, in this situation, only your son can fire his lawyer. Your son’s lawyer may be... View More
I've been charged with possession of over 400 grams of drugs found in a truck that wasn't mine. The owner of the truck promised to take responsibility for the drugs, which belong to him, but he hasn't come forward, and now all three of us are charged. I've spent $10k on bond and... View More
answered on Mar 18, 2025
You should contact your lawyer's office to schedule a time to review the discovery and to discuss your case in greater depth with your lawyer. You should send your lawyer's office complete contact information for your witness including the witness's physical residence address, work... View More
What are my options if my former attorney, Trey Lavespere, and his assistant, Brandye Toombs, failed to provide adequate representation in a Suit Affecting the Parent-Child Relationship (SAPCR) involving my child, Kentrell? The Motion for Withdrawal of Counsel included misleading statements, filed... View More
answered on Mar 10, 2025
When an attorney withdraws, "ineffective communication" is often used as the reason instead of the "real reason" particularly when the "real reason" may be prejudicial to the client. Generally, attorneys should avoid prejudicing their client when they withdraw from a... View More
I wish to appeal the court's decision to dismiss me for lack of standing under the Texas Family Code, as granted in Ursula Gonzales' Motion to Dismiss. The court's decision was based on the evidence and testimony presented during the hearing, documented in the "Associate... View More
answered on Mar 10, 2025
A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More
I would like assistance pursuing a legal malpractice claim against my former attorney, Trey Lavespere, and his assistant, Brandye Toombs. They handled a Suit Affecting the Parent-Child Relationship (SAPCR) regarding my grandson, Kentrell Rogelio Martinez, which resulted in my dismissal due to lack... View More
answered on Mar 10, 2025
You need to locate an attorney who practices in the area of legal malpractice in or near the county where the lawsuit was pending. Ideally, such an attorney should also have experience in family law given the nature of the underlying litigation.
You need to gather together a complete... View More
My family member has been sentenced to 33 years for simple possession of more than four but less than 400 grams of a Schedule 2 narcotic. We believe the sentence is unjust. Her previous lawyer advised her to take an open plea, which led to this sentence, and has since withdrawn after being paid... View More
answered on Feb 21, 2025
In Texas:
First, you MUST file a Notice of Appeal, and file it with the Clerk of the Court from which the sentence was imposed.
Second, you must serve the Notice of Appeal on the District Attorney's Office from the County where you were convicted.
Third, If you go past... View More
Does a decedent's spouse have the authority to appoint an independent executor to sell all of the estate's property upon her death, including real property purchased through the Veteran's Land Board of Texas? The husband, in his will, left her a life estate in the property,... View More
answered on Feb 14, 2025
You are incorrect regarding the effect of the deed on whether the property was community or separate property. Property acquired during marriage is community property unless you can prove by clear and convincing evidence it was husband’s separate property.
That being said, if you are... View More
Can I file on his E & O Insurance. This was just 1 of many errors or whatever you call a very experienced attorney doing things like this
answered on Dec 26, 2024
You would actually be filing a legal malpractice claim against the attorney for the damages you sustained as a result of the DWOP. If your claim is not barred by the statute of limitations, this may be limited to the filing fees and any expenses incurred in connection with the dismissed case which... View More
My attorney did not provide correct evidence regarding the child abuse my child has suffered and confirmed by Tx children’s child abuse clinic. Also , my attorney has a friend at the law firm that represents my ex and the friend was my ex’s initial contact. Also, for my deposition I was told by... View More
answered on Dec 2, 2024
It doesn't appear to be "malpractice." That being said, an attorney should take into consideration the legal naivete of a client and should fully inform the client about what to expect. A person who has never had experience with the legal system and does not watch television or... View More
I have noted about 20 different violations by DFPS according to the Texas family code but nobody will do anything. I proved multiple times the investigator lied on the affidavits. I even have another CPI confirming he lied on it. Nobody will do anything. It's like they're all working... View More
answered on Oct 18, 2024
Yes procedures matter. But the remedy for every procedural violation is not "you win." If a document is incomplete, the remedy may well be that you can require them to complete the document. If an investigator lies, you can present evidence of that lie, and that will likely undermine... View More
answered on Oct 18, 2024
Maybe but not necessarily.
If a personal injury lawsuit is dismissed without prejudice, it can be refiled as long as the statute of limitations has not expired. On the other hand, if the statute of limitations expired before the second lawsuit was filed AND you would have definitely won... View More
I was involed in an auto accident in july 2022. My first lawyer was fired for cause in January 2024. The reasons included failing to provide LOPs so i could seek treatmen lack of communication, not being licensed in my state failing to submit PIP funding to my ins after i signed it.
which... View More
answered on Jul 16, 2024
You should inform your current attorney that the accusations being made are false.
Not being licensed to practice law in the state where the lawsuit was filed is very likely good cause to terminate a lawyer's services unless the lawyer was admitted to practice in that court pro hac... View More
The lawyer who handled my divorce did not do anything I asked and she promised, she behaved unethically and lied to me. Please, can you provide me with the names of divorce malpractice lawyers in Texas?
answered on Apr 29, 2024
If your divorce lawyer's conduct fell below the standard of care and caused you to sustain damages, you can sue her for legal malpractice. How strong your case is depends on the particular facts and circumstances, the nature of your damages, and the likelihood you would have prevailed on the... View More
My family lawyer abandoned me right before the hearing I filed a complaint with Texas Bar he is under investigation I also sued him in Distract court as pro se need a lawyer to take over the case and represent me. I have a strong case and also have a witness who witnessed my lawyer abandoned me and... View More
answered on Apr 10, 2024
You need to look for a competent attorney in or near the county where the hearing was held experienced in the area of legal malpractice. I often handle cases of this nature. My rate of $500 per hour is reasonable and customary in the North Texas area, and if the amount of damages caused by your... View More
Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even
No local attorney has been... View More
answered on Apr 1, 2024
This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.
I think the only way to... View More
The lawyer who probated the will is wanting a signature for a settlement to the other party. The paper he wants signed has no information for what the settlement is. The will was signed by 2 judges and gives sole inheritance of the property to defendent and plantiff is not in the will. The... View More
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answered on Mar 20, 2024
In your situation, if there's a clouded title due to incorrect paperwork and disputes over inheritance, it's crucial to approach this methodically. First, do not sign any documents that you do not fully understand, especially if they lack clear details regarding the settlement. It's... View More
My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More
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answered on Feb 25, 2024
If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More
I was pushed to sign a will of my own assets and finances against my own desires
I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More
answered on Feb 23, 2024
If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.
Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in... View More
I was pushed to sign a will of my own assets and finances against my own desires
I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More
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answered on Feb 25, 2024
To address the concerning events you've described, finding a lawyer experienced in estate law and possibly medical malpractice or elder law (depending on your situation) in Florida is crucial. This lawyer can help review the circumstances under which you signed the documents and assess whether... View More
I hired a civil rights attorney to handle my lawsuit, and upon his request, I prepared nearly one hundred emails with attachments over several weeks to support my allegations. Recently, he filed an amended complaint, which altered the structure so extensively that my emails and videos no longer... View More
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answered on Mar 24, 2025
You're facing a challenging situation with your attorney not aligning your evidence with the amended complaint. The first step is to try reaching your attorney through different communication channels—phone, email, and certified letter clearly outlining your concerns and requesting a copy of... View More
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