Legal Ethics And Professional Responsibility Legal Questions

The key questions are when the error or ommission took place and when did you learn about the allegedly unethical conduct? Unless there is fraud or concealment, you might not be able to get past the 6 years Statute of Limitations. I reccomend reviewing the matter with an attorney to be completely sure of what your rights are. ... Read More

Do you still need a lawyer to help you with this case?    Yes you may have a case. I have done many of these cases in the state of Florida. In Florida, the general rule is that in order to recover for emotional distress damages in any personal injury case, you have to prove a physical impact. The exception to that rule is when a cemetery or a funeral home commits any kind of misconduct, whether that be negligent or intentional. You should retain counsel here in Florida on contingency fee, which means you don't pay anything unless you win the case.    I would be honored to represent you! Stephen Black, Esq. (407) 581-2581... Read More

Yes, possibly. The state of North Carolina is one of the few states in the country that still recognize a lawsuit for alienation of affection. These cases are facts specific and so the outcome depends on the unique situation involved. Discuss your case with a family law lawyer in North Carolina for advice and representation.... Read More

Your husband's attorney should be making a motion to have your former attorney relieved as counsel for your husband's ex, due to the conflict of interest you describe. Moreover, unless your wealth is common knowledge ("but judge, he's married to Jayne, the woman with the solid gold Cadillac who was profiled in People magazine!") it was a serious ethical violation and a breach of attorney-client privilege for your attorney to discuss your assets in court in an adversarial proceeding in which you were not a party. You should file a complaint against your former attorney to the disciplinary committee of the local appellate division where the attorney is located.   ... Read More

A Section 32 Waiver Agreement is a negotiated settlement taken in the form of a lump sum payment or annuity that is an alternative to receiving future payments for ongoing care. In a situation such as yours, where you lost your leg and assumedly need little if any further treatment, it may be a good choice- although clearly your lawyer was not a good choice. You need to immediately hire a new lawyer to communicate with your current lawyer, and take over your case. You have the right to switch attorneys any time. Once the actual status of your case is ascertained (it's not clear from what you wrote whether the lawyer is in possession of your settlement money or whether the case is in the middle of settlement negotiations) then the question of legal malpractice can be sorted out. If your case is still viable, it may not be a malpractice case.  While you are free to hire and fire attorneys as you choose (although you may be responsible for compensating more than one attorney if you do so)  an attorney may not simply abandon an active case. Unless the attorney is fired by the client, in most cases an attorney may not stop working on a case without making a motion to be relieved as counsel and getting a court order.  ... Read More