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Virginia Legal Malpractice Questions & Answers
1 Answer | Asked in Employment Law and Legal Malpractice for Virginia on
Q: Is it legal in virginia to have more then one worksheet to avoid paying overtime?

I am asking in reference to store chains where the same person is the boss of the same company and they bounce employees between 2 stores and have them work over 40 hours a week

Merritt James Green
Merritt James Green answered on Feb 12, 2021

If you are working for the same employer, the Fair Labor Standards Act ("FLSA") requires that an employee is paid overtime for any hours over 40 in a week. Period. It does not matter if you work at more than one location. It same employer, must be paid overtime. Complication could be... Read more »

1 Answer | Asked in Personal Injury and Legal Malpractice for Virginia on
Q: i was in a auto accident my lawyer has filed no court papers in 2 half years switched lawyers on me 3 times

the attorney i retained has lost or misplaced some of my legal medical papers in my opinion the attorney has stalled and lost valuable time , should i file with the Bar for ineffective assistance of counsel and seek a qualified auto attorney and ask court for time extension to retain a new one time... Read more »

Jan F Hoen
Jan F Hoen answered on May 3, 2018

Speak with the attorney first. If he or she has missed filing suit before the statute of limitations has run, they need to report the matter to their malpractice insurance carrier.

1 Answer | Asked in Legal Malpractice and Criminal Law for Virginia on
Q: I was ill advised by legal council to enter an Alford plea.

I was also told that all I had to do was be patient and on the 1st year anniversay of the conviction that the records would automatically be sealed. After doing some research, I understand that the only way to qualify for expungement is to be pardoned. Can I request a pardon based on the fact... Read more »

Susan Fremit
Susan Fremit answered on Feb 14, 2018

The problem is: prove what counsel told you. If it was not in writing or recorded, counsel will likely deny advising you that after a year, the conction would automatically be “sealed”, because that is is so blatantly wrong. It is a long shot to convince a circuit court judge to expunge a... Read more »

2 Answers | Asked in Criminal Law, Civil Rights, Collections and Legal Malpractice for Virginia on
Q: can a public defender charge any type of fee to the defendant

I did not request any council; Essex County, VA chose to assign me a public defender and said I had to have one. I complied being foreign to the county and just wanting to get through the arraignment without any issues. I finished up with no issues or charges to remain on my record after completing... Read more »

Bryan J. Jones
Bryan J. Jones answered on Feb 2, 2018

You can be charged fees for being represented by court appointed counsel. You should contact the clerk's office to find out how much they are charging you.

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1 Answer | Asked in Legal Malpractice and Criminal Law for Virginia on
Q: Is it legal to video record someone without their consent in Virginia?
Bryan J. Jones
Bryan J. Jones answered on Jan 29, 2018

It depends on many different circumstances. But generally you can record people in public as long as you are not harassing, stalking, or invading their privacy.

1 Answer | Asked in Animal / Dog Law, Legal Malpractice and Medical Malpractice for Virginia on
Q: seeking attorney for consultation for animal medical malpractice for fairfax, virginia
Peter N. Munsing
Peter N. Munsing answered on Apr 21, 2017

The problem is that the value of the animal is basically the market value.However there may be other things involved.Start with members of the Va. trial Lawyers Assn-they give free consults.

1 Answer | Asked in Contracts, Health Care Law, Legal Malpractice and Medical Malpractice for Virginia on
Q: Hello, Is there any legal remedy to sue a hospital for medical records breach that was cover up by employee ?

The hospital did not take reasonable care and we were notified there has been a serious breach of hippa and privacy rights. My concern is not knowing who has all these records and the employee took great measures to cover up the breach but it was discovered . Do we have a lawsuit ? I really hope... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2017

Generally there are not damage cases you can bring for a HIPAA violation.Contact a local attorney to be sure.

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Virginia on

Had lawyer give me a contract for services flat fee 8,500.00. Then a couple of days later after I paid the flat fee says she has a revised contract with hourly fee and and will be cheaper I said ok if it saves me sure. However after everything was over she billed me additional 3000.00 I feel like... Read more »

Jeffrey Michael Haber
Jeffrey Michael Haber answered on Jan 6, 2017

It depends on whether you and your attorney discussed the modified fee arrangement, and you authorized the modification, before the modification was made. Your summary suggests that you discussed and approved the modification. If so, there is probably not much you can do. Also, are there any... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Legal Malpractice for Virginia on
Q: I was rushed to hospital for extreme flank pain while pregnant. I was later sent home with no real explanation.

While in hospital they were rude and brushed off the severe pain. I was admitted to a different hospital a week later with sepsis because the 1st hospital didn't see that I had a serious illness pylonephritis. I almost died because the er that was so rude and told me to be quiet and stop... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2016

On the failure to diagnose possibly. On tudeness, no.

Contact a member of the Virginia Trial Laweyrs Assn--they give free consults.

1 Answer | Asked in Workers' Compensation and Legal Malpractice for Virginia on
Q: Can my attorney divulge confidential info about me/case after he withdraws?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 29, 2016

An attorney is normally not allowed to divulge any client secrets to a third party. If the disclosure causes damages, then the lawyer could be sued for legal malpractice. In addition, this could be considered unethical practice and could lead to sanctions against the attorney by the Virginia State... Read more »

1 Answer | Asked in Family Law and Legal Malpractice for Virginia on
Q: Can an attorney request additional money for incorrect paperwork filed?

Retained attorney for a PSA, Final Decree, and QDRO paperwork preparation. QDRO was incorporated into decree. Investment company rejected the QDRO based upon incorrect verbiage contained therein. Attorney is now asking for additional money to correct this paperwork and refile. Should I have to... Read more »

Gary D. Godman
Gary D. Godman answered on Mar 30, 2016

The best thing you can do is discuss it with your attorney! QDRO's are touchy in that different investment companies require different words in the order - it's possible the investment company gave incorrect info and that there's no fault on the part of your attorney. Review your... Read more »

1 Answer | Asked in Legal Malpractice for Virginia on
Q: I fired my attorney, he lied to me He has now filed an attorney lien. Is there anything I can do to protect myself?
John M DeProspo
John M DeProspo answered on May 22, 2015

Your old attorney may be entitled to a lien. If you have hired a new lawyer, let him or her deal with it.

1 Answer | Asked in Legal Malpractice for Virginia on
Q: My Attorney mislead me into believing I had an active PI case when in fact the statute had run out and it was closed.

My attorney has stated for over 1 year that documents had been submitted to include but not limited to a demand letter. Over the last year it's been a struggle to receive updates and clarification. I recently followed up with State Farm and they informed me that my attorney has not provided... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Oct 17, 2014

You may have a claim for legal malpractice. You should consult a litigation attorney.

1 Answer | Asked in Legal Malpractice for Virginia on
Q: What is the statute of limitations for filing a legal malpractice suit in VA?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Feb 18, 2012

If you had a verbal contact, it may be three years. If you had a written contact with the lawyer it may be 5 years. This ia meant to be general information and not legal advice.

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