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Tennessee Civil Litigation Legal Questions

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182 legal [2, *]questions have been posted about civil litigation by real users in Tennessee. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.
Tennessee Civil Litigation Questions & Legal Answers - Page 8
Do you have any Tennessee Civil Litigation questions page 8 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 182 previously answered Tennessee Civil Litigation questions.
Civil Litigation
Tennessee

Recent Legal Answers

How can you get someone to stop calling when you have already told them they have the wrong number?

Answered 13 years ago by attorney Bruce Robins   |   1 Answer
Bruce Robins
Tell them that they are violating the Fair Debt Collection Practices Act, and that if they do not stop harassing you you will report them to the local bar disciplinary committee, then do do if they do not stop.
Tell them that they are violating the Fair Debt Collection Practices Act, and that if they do not stop harassing you you will report them to the... Read Answer

Do I have grounds for a defamation case?

Answered 13 years and 2 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
no photo
Generally, statements made in a court proceeding are protected.  Also, you must show that you were economically harmed, other than defending the criminal action which was brought by the state.  Finally, the standard of proof is less in a civil case so a judge or jury could find for her even if you won the criminal case as a defendant.  ... Read Answer
Generally, statements made in a court proceeding are protected.  Also, you must show that you were economically harmed, other than defending the... Read Answer

I need to take medical and legal custody of my 29 yr old daughter who lives with me. What kind of lawyer do I need help from or were do I start?

Answered 13 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer
Hilary B. Miller
You need an attorney who specializes in disability planning and related litigation. These are often lawyers who practice estate litigation, because they deal with similar issues.
You need an attorney who specializes in disability planning and related litigation. These are often lawyers who practice estate litigation, because... Read Answer

the judge came out and said I have a DR. Appointment and i will not miss it so we will move things along here and i do not have time to go back and fo

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer
Hilary B. Miller
Your inquiry does not set forth any basis on which an appeal might lie.
Your inquiry does not set forth any basis on which an appeal might lie.

Will a judge frown on me if I play really dumb in the interrogatories or is this a time we should get all the info on the table?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer
Hilary B. Miller
The latter. You can't be dumb during discovery and then suddenly get smart at trial.
The latter. You can't be dumb during discovery and then suddenly get smart at trial.

I was awarded $85,000. My attorney disbursed $16,775 to me and kept the balance. Do I sue for legal malpractice or is this a civil case?

Answered 13 years and 10 months ago by attorney Bruce Robins   |   1 Answer
Bruce Robins
A claim for legal malpractice IS civil litigation; malpractice by itself is not a crime, although the same facts giving rise to a claim for malpractice could also constitute a crime, here theft.  Based on the facts as you've presented them, you may also have other civil claims, including fraud, conversion (theft), breach of contract, and breach of fiduciary duty.  It may be that you can get this attorney charged with a crime , but that is not a claim which you would bring.  A criminal case is brought by a district attorney (or the equivalent, the title might not be the same in all jurisdictions) on behalf of the state.  If you want the attorney to face criminal charges, contact the local district attorney. I assume that your agreement with the attorney was for a standard percentage, often 1/3.  You should know that this is 1/3 AFTER DISBURSEMENTS.  For example, if money is owed for private investigation services or a court reporter, or the attorney has advanced money to pay for such expenses, the money to pay them would come "off the top" of any amount you were awarded.  Thus, if you received an award, or settled, for $90,000, but still owed $15,000 to pay a private investigator, a court reporter, and an expert witness, you would be entitled to $50,000 (2/3 of $75,000), not $60,000 (2/3 of $90,000).... Read Answer
A claim for legal malpractice IS civil litigation; malpractice by itself is not a crime, although the same facts giving rise to a claim for... Read Answer

I won my civil dispute and a judgement against a body shop mainly because noone showed up to represent the body shop.

Answered 14 years and 10 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
Civil procedure varies among the states.  It would seem proper for the losing party first to move the trial court on the grounds of mistake or excusable neglect on his part.  Are you sure the trial judge committed no errors?  Is the Circuit Court a court of general jurisdiction and your trial was in a Justice Court or Small Claims Court?  If so, you may have to start all over again.  I doubt this helps, but it might be informational to yourself and others.  You probably should consult a lawyer.  Good luck.... Read Answer
Civil procedure varies among the states.  It would seem proper for the losing party first to move the trial court on the grounds of mistake or... Read Answer
Civil Litigation
Tennessee

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