Virginia Legal Malpractice Questions & Answers

Q: i was in a auto accident my lawyer has filed no court papers in 2 half years switched lawyers on me 3 times

1 Answer | Asked in Personal Injury and Legal Malpractice for Virginia on
Answered on May 3, 2018
Jan F Hoen's answer
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.

Q: I was ill advised by legal council to enter an Alford plea.

1 Answer | Asked in Legal Malpractice and Criminal Law for Virginia on
Answered on Feb 14, 2018
Susan Fremit's answer
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 conviction when the governor has granted a pardon. But you have nothing to lose and everything to gain by applying for a pardon. Hire an attorney who does pardon applications and know that a response...

Q: can a public defender charge any type of fee to the defendant

2 Answers | Asked in Criminal Law, Civil Rights, Collections and Legal Malpractice for Virginia on
Answered on Feb 2, 2018
Bryan J. Jones' answer
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.

Q: Is it legal to video record someone without their consent in Virginia?

1 Answer | Asked in Legal Malpractice and Criminal Law for Virginia on
Answered on Jan 29, 2018
Bryan J. Jones' answer
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.

Q: seeking attorney for consultation for animal medical malpractice for fairfax, virginia

1 Answer | Asked in Animal / Dog Law, Legal Malpractice and Medical Malpractice for Virginia on
Answered on Apr 21, 2017
Peter Munsing's answer
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.

Q: Hello, Is there any legal remedy to sue a hospital for medical records breach that was cover up by employee ?

1 Answer | Asked in Contracts, Health Care Law, Legal Malpractice and Medical Malpractice for Virginia on
Answered on Apr 17, 2017
Peter Munsing's answer
Generally there are not damage cases you can bring for a HIPAA violation.Contact a local attorney to be sure.

Q: CAN LAWYER BE HELD ACCOUNTABLE

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Virginia on
Answered on Jan 6, 2017
Jeffrey Michael Haber's answer
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 writings, such as emails or texts, apart from the modification, that discuss the modification and the reasons for it? If so, these writings might be relevant.

If you have not already discussed the...

Q: I was rushed to hospital for extreme flank pain while pregnant. I was later sent home with no real explanation.

1 Answer | Asked in Health Care Law, Personal Injury and Legal Malpractice for Virginia on
Answered on Dec 19, 2016
Peter Munsing's answer
On the failure to diagnose possibly. On tudeness, no.

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

Q: Can my attorney divulge confidential info about me/case after he withdraws?

1 Answer | Asked in Workers' Compensation and Legal Malpractice for Virginia on
Answered on Sep 29, 2016
Jerry Lutkenhaus' answer
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 Bar Association.

Q: Can an attorney request additional money for incorrect paperwork filed?

1 Answer | Asked in Family Law and Legal Malpractice for Virginia on
Answered on Mar 30, 2016
Gary D. Godman's answer
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 retainer agreement and have an open discussion with the attorney. Good luck!

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?

1 Answer | Asked in Legal Malpractice for Virginia on
Answered on May 22, 2015
John M DeProspo's answer
Your old attorney may be entitled to a lien. If you have hired a new lawyer, let him or her deal with it.

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.

1 Answer | Asked in Legal Malpractice for Virginia on
Answered on Oct 17, 2014
Mr. Andrew T. Bodoh Esq.'s answer
You may have a claim for legal malpractice. You should consult a litigation attorney.

Q: What is the statute of limitations for filing a legal malpractice suit in VA?

1 Answer | Asked in Legal Malpractice for Virginia on
Answered on Feb 18, 2012
Jerry Lutkenhaus' answer
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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