Kentucky Legal Malpractice Legal Questions

Clearly, you need to retain a divorce lawyer to determine whether you can still obtain a QDRO -- qualified doemestic relations order.  I just do not know the answer. You may have a legal malpractice claim against your prior lawyer.  My advice would be to contact the Kentucky Bar Association fo a referral in your general vicinity.... Read More

The easy answer is "yes." However, once you sue the lawyer, the lawyer will have good cause to withdraw from your husband's case.  Your husband will likely need to get a new attorney and the 3-9-2016 trial date will likely go away.  Depending on the court's schedule, a new trial might not be scheduled for 60 days or longer. Also, depending on the judge, the lawyer's motion to withdraw could be denied. I am not saying that you should not raise these issues with the lawyer and demand answers.  Your husband is entitled to competent defense. I recommend demanding a meeting with the lawyer and your husband and ask for documentary proof rom the lawyer as to what has been and not been happening.  Once you have answers, then you can decide how to proceed.... Read More

The answer is "maybe." The key is the written fee agreement between you and your attorney.  For example, some fee agreements specify that the attorney is not obligated to advance funds to pursue a case.  Also, some fee agreements allow an attorney to withdraw if, upon further evaluation, the attorney does not believe that that the case is meritoripus.  There may be other terms in a fee agreement that may act as escape clauses. However, an attorney cannot bail on a case if the withdrawal would unreasonably prejudice a client's ability to continue on with the case.  For example, an attorney cannot withdraw if the case is set for trial and the trial date is so soon as prevent the client from getting a new attorney.  If a lawsuit has been filed, then the lawyer has to file a motion with the Court and set a hearing with the client present to discuss why the attorney wants to withdraw. In most instances, the Court will let the attorney out of the case and grant a reasonable continuance for the client to obtain new counsel. Pleas note that there is no legal or ethical obligation for an attorney to take on a case or advance money to pursue a case. So, depending on the circumstances and what has transpired, you "might" have a malpractice claim and you "might" also be able to file an ethics complaint -- with the Kentucky Bar Association -- against the attorney.... Read More

I cannot help you. I can try to point you in the right direction. What you describe appears to be potential violations of 42 USC 1983 and 42 USC 1985.  These are the Federal laws that address violations of civil rights under color of state law by individuals and conspiracies -- direct or indirect -- by state officials to violate civil rights. This is a very specialized type of case and only a few lawyers handle these cases.  You can contact a large city bar association for referrals or perhaps civil rights group like the ACLU.... Read More

The merits of your case are secondary as to the cost to pursue your case. Hopefully your doyg is fine and no worse for wear.  Hoiwever, dogs are property and valued as such.  There is no claim for emotional loss due to the death or injury of a pet. As for the fee you had to pay and the other conduct to cite, I recommend that you contact the Transportation Cabinet in Frankfort to determine whether you can file an administrative complaint aganst the driver and his company.... Read More

Your complaint is that your attorney is not being candid with you and is not properly advising you as to the status of the claim. 12 years seems to be a very long, perhaps too long of a period of time. Since you lawyer will not answer your questions, I recommend that you contact the Kentucky Bar Association -- follow this link: www.kybar.org/235 -- for the procedures to file a complaint against the attorney. Sometime, just filing the complaint will get you the answers you need as the KBA will contact the lawyer to find out exactly the status of the case.... Read More

I recommend that if you have a complaint against a Kentucky lawyer, then you should contact the Kentucky Bar Association for assistance.  The number is 502-564-3795.  The KBA has an extremely proactive bar counsel office that can potentially assist you with resolution of your concerns or refer you to an attorney that could further assist you.... Read More