Legal Malpractice Legal Questions

Using the "Find a Lawyer" tab, you should search in the area of "Legal Malpractice" for an attorney in or near the county where the underlying lawsuit was filed or where the office of the attorney you want to sue is located.  I note that, because of the COVID pandemic, many cases filed before 2020 experienced substantial delays because of court closures during the pandemic.  This created a backlog of pending cases that has taken our courts years to unravel.  I have only been able to bring my last two 2018 pre-COVID cases to conclusion in the trial court within the past few months.  So delays in progress may not necessarily be attributable to any act or omission of your attorney. I also note that $20,000 is barely enough to investigate, file, and get through the first few months of a lawsuit.  Although the cost of any lawsuit depends on many different factors including the complexity of the case, the aggressiveness of the parties, and the personalities of the lawyers and judge, I have rarely seen a case pending longer than a year with only $20,000 in legal fees and expenses.  That is an unusually low amount.... Read More

Just about every attorney has an email address, the best way to communicate with them is an email. If they don't have an email or do not reply, send a registered letter demanding they speak with you. Most attorneys have too much to do and not enough time to do it. From personal experience, it is very hard to keep on top of every client matter. I hope this helps.... Read More

It could be considered malpractice, but it is hard to win a malpractice case since you would have to prove that you would have succeeded and been awarded judgment (not a settlement; a settlement is a voluntary agreement to resolve a dispute) had your attorney used the color photos. A misrepresentation is a false statement of fact.  A negligent misrepresentation is when someone makes a false statement by mistake, not deliberately.... Read More

There really is not practical mans as its obvious you are now confrontational with the lawyer so you may as well fire them and have the new lawyer get the records. What you cant afford is to keep a lawyer representing you that you have such a relationship with. The sooner you get on with that the faster this issue gets resolved. ... Read More

You will need to retain a lawyer to review all the proceeding and address your questions. This sounds like one bank foreclosed and took the sale proceeds to apply them to other lien holder claims. There is no situation where someone buys your "equity" for $100.00 from anyone as thats not how that works. THIS is why you have lawyers defend the foreclosure to make sure things are handled properly. As the property is generally sold at an auction, the lenders are not obligated beyond "fair market value" to get the most they can for a property. If you thought it would sell for more in general, then the private sale by the home owner is where that takes place, not the auction block.... Read More

Sorry - there is no practical legal claim for getting bad grades or "financial hardship" over a $345.00 charge. If you have emotional or psychological issues where you require medication to function, you might want to focus on securing proper medical documentation to present to the scool administration to see if they will allow you to re-test if your doctors will support that you were medically impaired. If my "wrong medication" you mean "iffective" as opposed to an error in the prescription by the pharmacy, the issue is even less likely to be viable.  Claiming that you were forced to "drop out of Grad school" for that reason is likely a reach in credibility vs. other potential reasons.... Read More

Its impossible to determine if there was some malpractice event from your post nor how you were damaged. What IS clear is that you cannot sue for damages because someone else paid off your debt. Other than that you will need to HIRE a lawyer to review the entire transaction and see what actually occured and address it accordingly... Read More

I recommend that you promptly consult a lawyer who is certified in either Personal Injury Trial Law or Civil Trial Law by the Texas Board of Legal Specialization.  Please follow the link below to the Board's website to find a list of certified lawyers in your neck of the woods.  The lists will include both plaintiffs' lawyers and defense lawyers.  In order to determine who is on the plaintiffs' side, you'll need to go to their firms' websites.   Practically all legal malpractice cases are handled on a contingency fee basis.  You assign a percentage of your case to a lawyer in exchange for his/her legal services.  The lawyer usually advances all expenses of litigation.  If you do not obtain any recovery, you owe the lawyer nothing.   Good luck.   www.tbls.org... Read More

" Do not contact me if your going to waste my time" that type of comment wil lnot do you well in trying to find a lawyer to address that claim. You will also have to deal with the issue that you settled the case and that may be a huge issue in blaming the lawyer that needs to be addressed. i understand that you feel the lawyer mishandled the case, but you will need to dial in the rage if you expect anyone to be interested in addressing the issue as oppsed to simply being the next target. ... Read More

Dear Ms. Strough: Each case is unique but for a successful product liability claim it is typically essential to preserve the defective product for forensic analysis by experts. If the first lawyer failed to act to preserve the vehicle, there may be a claim against him. However, there is a two year statute of limitations for legal malpractice claims, so the viability of your legal malpractice claim will be determnined by the date of the failure to act by the lawyer. I would be happy to discuss this matter further if you wish to contact me. Linda J. Chalat, Esq. CHALAT HATTEN & BANKER PC 303.861.1042 www.chalatlaw.com lchalat@chalatlaw.com  ... Read More

"I do not have the money to pay them at the moment and I am very fearful." if that is the response to the demand for shoplifting/theft letter, trying to blame the lawyer is simply disingengous. If you don't have $400.00 now you likely didn't have $200.00 then and thats the issue. Its $400.00 not $4,000.00 so if you want to resolve the civil claim component, you will need to find $400.00 and for 99% of people that is achived by making financial sacrifices to raise the money, but can be done. Now, your lawyer is right, that in most instances they do not actually pursue a civil lkawsuit. HOWEVER you dhould knw there is a growing trend of retailers and lawyers that will looking to add legal fees to non dischargable in bankruptcy judgment with the expectation of possibly coillecting on the fund over the next 20 years... Read More

Dear Cheryl,   I am sorry to hear about the ordeal through which you are suffering. I suggest that you contact a Personal Injury attorney to discuss all aspects of this matter and determine if the standard of care was breached by the physician, what is required to correct the problem and what is the magnitude of damage you will be left with if that breach caused you serious permanent injuries.   Consequently, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.   Do not delay, as the Statute of Limitation in general (there are exceptions) for bringing a Medical Malpractice lawsuit can run as early as 2 years from the date of the medical error(s).      ... Read More

You can sue him for legal malpractice.  To sue him and have any real chance of winning, you'll need to hire a lawyer who sues lawyers.  Follow the link below to the website of the Texas Board of Legal Specialization for help.  Legal malpractice is a sub-specialty of Personal Injury Trial Law.  Good luck! www.tbls.org  ... Read More

You can:  1) sue him for legal malpractice; and 2) file a grievance against him with the State Bar of Texas, who disciplines lawyers who violate the disciplinary rules that apply to lawyers.  To sue a lawyer, you'll need to hire a lawyer who sues lawyers.  Follow the link below to the Texas Board of Legal Specialization for help.  Legal malpractice is a sub-specialty of Personal Injury Trial Law.  You can file a grievance online via the SBOT website.  Please follow the second link below. Good luck! www.tbls.org https://www.texasbar.com/... Read More

You can:  1) sue him for legal malpractice; and 2) file a grievance against him with the State Bar of Texas, who disciplines lawyers who violate the disciplinary rules that apply to lawyers.  To sue a lawyer, you'll need to hire a lawyer who sues lawyers.  Follow the link below to the Texas Board of Legal Specialization for help.  Legal malpractice is a sub-specialty of Personal Injury Trial Law.  You can file a grievance online via the SBOT website.  Please follow the second link below. Good luck! www.tbls.org https://www.texasbar.com/... Read More

You can:  1) sue them for legal malpractice; and 2) file grievances against them with the State Bar of Texas, who disciplines lawyers who violate the disciplinary rules that apply to lawyers.  To sue a lawyer, you'll need to hire a lawyer who sues lawyers.  Follow the link below to the Texas Board of Legal Specialization for help.  Legal malpractice is a sub-specialty of Personal Injury Trial Law.  You can file grievances online via the SBOT website.  Please follow the second link below. Good luck! www.tbls.org https://www.texasbar.com/... Read More