New York Legal Malpractice Legal Questions

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40 legal questions have been posted about legal malpractice by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include legal ethics and professional responsibility. All topics and other states can be accessed in the dropdowns below.
New York Legal Malpractice Questions & Legal Answers - Page 2
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Recent Legal Answers

So, fire him and hire someone else.
So, fire him and hire someone else.

liens on a home

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Legal Malpractice
The malpractice is not that the liens are there, but that your lawyer did not explain the process.  Even though the debts are discharged, the liens stay on your home.  You can have them voided by showing that the liens impair the exemption.  This requires a simple motion.  If your case is closed, you need to reopen your case, and then make the motion.  This is also a simple motion.... Read More
The malpractice is not that the liens are there, but that your lawyer did not explain the process.  Even though the debts are discharged, the... Read More

if i win my grevance commmittee complaint ccan i sue that lawyer or can i reinstate the judgeme t i was not told aboutt

Answered 9 years and 10 months ago by Barry Alan Salzman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Legal Malpractice
Unfortunaltely, I do not have adequate information to tell you whether or not your case can be reinstated. I need to understand what you won a judgment against HUD for. However, it sounds like you took the proper steps to file a complaint with the grievance committee. You may have a valid legal malpractice claim against your former lawyer. You do not necessarily need a positive finding from the disciplinary committee in order to successfully sue the lawyer but such a finding would be helpful. Also, there is a NY State Fund called the Lawyers' Fund for Client Protection established for victims of attorney fraud, neglect, etc. Their phone # is 518 434-1935. Please feel free to contact me by phone if I can be of further help. My name is Barry Salzman, and my phone # is 212 385-8000.... Read More
Unfortunaltely, I do not have adequate information to tell you whether or not your case can be reinstated. I need to understand what you won a... Read More
While I am not sure that you have alleged facts that rise to a case of legal malpractice, there are lawyers that specialize in these cases, and like the personal injury cases, the consultation and representation is free, as the fee is contingent.  Call one and see what they say.
While I am not sure that you have alleged facts that rise to a case of legal malpractice, there are lawyers that specialize in these cases, and like... Read More
It is very hard to get rid of a selected executor, as that person, whatever you think of them, was the decedent's choice, and the decedent's choice is given great weight.  Only a "breach of fiduciary duty" will cause removal, and it is unclear from your post if that has happened.  There is nothing wrong, and in fact it is often the case, that the lawyer who prepared the will is the executor.... Read More
It is very hard to get rid of a selected executor, as that person, whatever you think of them, was the decedent's choice, and the decedent's choice... Read More
You should get the money.  Write a certified letter.  If that does not work, you can call the Attorney Grievance Committee in the county where he/she practices, as not turning over the money is an eithical violation.
You should get the money.  Write a certified letter.  If that does not work, you can call the Attorney Grievance Committee in the county... Read More
It is not a malpractice issue, as no legal damages have resulted.  It might be an ethical violation, which should be reported to the Attorney Grievance Committee.  You can do this yourself.  Each county has a separate one, which are listed on the New York Courts website.
It is not a malpractice issue, as no legal damages have resulted.  It might be an ethical violation, which should be reported to the Attorney... Read More

how do i know if lawyer settled my case to benefit himself

Answered 10 years and 6 months ago by Michael Alden Barasch (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Legal Malpractice
I suggest that you report the lawyer to the local bar association and ask them to investigate.   Mike Barasch
I suggest that you report the lawyer to the local bar association and ask them to investigate.   Mike Barasch

My attorney took advantage of my disability and took all of my money and then would not represent me in court. Can I sue her?

Answered 10 years and 7 months ago by Michael Alden Barasch (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Legal Malpractice
i suggest that you repor the lawyer to the NYS Bar Assn, specifically the disciplinary committee.  they will do an investigation.   Mike Barasch
i suggest that you repor the lawyer to the NYS Bar Assn, specifically the disciplinary committee.  they will do an investigation.   Mike... Read More

False arrest case

Answered 10 years and 7 months ago by Michael Alden Barasch (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Legal Malpractice
Tell me how you got hurt and what your injuries are.  Michael BArasch Barasch McGarry, attorneys at law
Tell me how you got hurt and what your injuries are.  Michael BArasch Barasch McGarry, attorneys at law
I don't believe I have enough information to fully answer your question. Other than being under 18 years old, was your son under a disability at the time of the settlement? What are the terms of the trust? If your son is not currently disabled, you may be able to petition the court to modify the trust. Again, additional information is needed, and a Trust attorney should be consulted. ... Read More
I don't believe I have enough information to fully answer your question. Other than being under 18 years old, was your son under a disability at the... Read More

my lawyer has not responded to me in months

Answered 10 years and 11 months ago by Michael Alden Barasch (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Legal Malpractice
report your lawyer to the local bar association.  That will get his attention. 
report your lawyer to the local bar association.  That will get his attention. 
Contact the New York Client Protection Fund.
Contact the New York Client Protection Fund.
If you have an attorney, any lawyer would need to see that papers have already been prepared.
If you have an attorney, any lawyer would need to see that papers have already been prepared.
Your question is too vague.  But in general, a stipulation signed by a lawyer is binding on a client, and whether something is a mistake is a triable issue.  How are you going to prove it in this case?
Your question is too vague.  But in general, a stipulation signed by a lawyer is binding on a client, and whether something is a mistake is a... Read More