Legal Malpractice Legal Questions

Histrionic conspiracy theories are usually NOT going to entice any lawyer to handle a legal malpractice claim. YOu will likely need to hire a lawyer, possibly at some expense, to review your records andyour explanation of what happened and see whether there is a viable legal malpractice claim to pursue. Lawyers won't simply assume that legal malpractice occurred because your "hurt real bad" or that you have "so much proof" fron a lawyperson persepctive, espcially going on to what seems to be a third lawyer to address the issues. ... Read Answer

This can be done, but on the facts you describe would likely involve a SUBSTANTIAL expense in legal fees paid to sue the old lawyer. 99% of malpractice lawyers have zero interest in pursuing consipracy theory claims on a contingent fee simply beause they are super high risk and time consuming cases. ... Read Answer

If your attorney negligently drafted a contract less than three years ago that caused you financial losses, you can sue for legal malpractice if you can prove that these losses would not have occurred but for the language in the contract. If on the other hand you feel you sold too low, that is not legal malpractice, regardless of the fact that your lawyer drafted the contract. ... Read Answer

You will have trouble finding such lawyers as 99% of such cases are simply disgruntled homeowners blaming lawyers for the loss of thier house when the client never agreed to nor paid for the legal work and defenses they claim afterwards out of desperation. By example, if you paid $7,000.00 up front for a foreclosure defense and modification assistance, and the property was foreclosed on in a say 6 month period, you might have a viable issue to address. IF on the other hand you spent $7,000.00 over a 2 year period paying $250.00 a month to the lawyers while not paying your mortgage, and THEN complain they didn't save your house, its obvious that this is becuase that was never the deal, never the intention and certainly not consistent with the legal fees paid. At $250.00 a month you would be paying essentially for 1 hours legal worka month. This is typical with the arrangement for foreclsoure lawyers to stall and dragout the foreclosure process so YOU not they can seek a modification, short sale or the like. In such instances the $250.00 while you pocket the value of the mortgage payment by not paying it is the focus of the defense strategy. That stated, whether such a claim exists against the lawyers will start with whcih fact pattern were you closer to, the first leans toward a possible claim, the latter, not at all. ... Read Answer

I am sorry to hear that your mother has suffered for five years with her knee.  With respect to your question, failure to diagnose can be a basis for a negligence claim against a physician. There are a number of facts, however, that will need to be considered and reviewed before determining whether there is a valid claim to be brought against her former physician. If you are interested in speaking with me further about your mother's potential claim, I would be more than happy to do so.  My name is Jessica Lynn Dagley and I am an attorney with the Spellmire Law Firm.  My phone number is 312-258-9400 and my email address is jld@spellmirelaw.com.  I hope your mother is feeling better and look forward to hearing from you.... Read Answer

No way to tell. Much of this depends on the nature of the charges, the evidence against you, how you got convicted and what you spent on legal represention. If you spent OJ level money on the dream team, you  are right to expect that level of defense. If you found the cheapest lawyer you could afford, whether the lawyer provided adequate defense may be limited by the funds you committed to the defense. Unfortunately, most criminal defendants focus on penny pinching when hiring the lawyer but after they are convicted or don't like the results, have a new found willingness to spend the same money after the fact, that had they invested inthe case earlier, might have made a difference in the result. Unfortunately, this is like wanting re-do your hand in a poker game,  to bet your house AFTER you find you have the winning hand, but folded because you didn't want to risk losing the money when the bet came to you. If you have questions about the deal you made or the penalties imposed, you will need to hire a lawyer at some expense to review the file and what occurred and gofrom there. ... Read Answer

Generally, lawyers in California are required to provide a client with a written retainer agreement. If no such agreement exists it appears that you would be able to discharge her. This would be the case even if there were a written Retainer Agreement. In either case you would have to pay her for any unpaid time spent on your matter. Upon terminating her service you would have the right to receive and she would be obligated to provide you with all of your files.   Stephan Math Esq....smesq1@aol.com... Read Answer

Well this will be a pickle as you will sue lawyer for not paying medicare and then you will get sued for the money that you got in the settlement back that you shouldn't have recieved  - because it should have gone to medicare. You won't likley have a situation where YOU keep the money you shouldn't have recieved and expet the lawyer to pay out of pocket......you may be robbing peter to pay paul here. ... Read Answer

I assume from your post you are going through a divorce and you are not represented. If you are engaged in custody litigation over your children, you are well advised to hire an experienced family lawyer to help you. You are not entitled to the guardian ad litem's file. The guardian ad litem is an attorney and is court appointed by the trial court to serve as an advocate for the minor children. Their file is protected work product. You or your wife are not entitled to receive  a copy of their file or the GAL's personal notes, nor is the guardian ad litem allowed to testify. You should rather, sit down with an experienced family lawyer in your area and discuss the case, including the likelihood of success, what the cost might be and how long it is going to take. If you are not yet divorced, right now you and your wife should be on an even  (legal) playing field.... Read Answer

I am sorry to hear about your problems, but I glad that you found a firm to help you settle the matter. On what little proof you have provided, I am not in a position to address whether there was malpractice. I'd have to review all of the related documents (their retainer agreement, their billing statements, their records and yours concerning communications, and their termination documents). As to their lien, and their financial claims, you may have options to attempt to defeat that lien. Again, I need to review the retainer agreement, their billing statements and the like. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
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