Ohio Legal Malpractice Legal Questions

You may have a legal malpractice case. The issue is damages.  if all thatneeds to be done is to have a proepr lease document drafted, then the potential malpractice claim is likely not worth the time and expense. However, you indicate that your request was denied "for the last time."  If you have suffered an irreparable permanent harm that can be financially quantified, then you may have a claim worth chasing. You should seek an attroney who handles legal malpractice and who also has a working knowledge of the type of lease arrangement that you had sought.... Read More

No, the Judge cannot be held liable.  All Judges have qualified legal immunity that prevents liability claims for decisions made from the bench.  You would have to prove that the Judge excluded you intentionally for some criminal reason.  At that point, you would need to involve either the Prosecuting Attorney for your county or the Ohio Attorney General. My guess is that if you report the stalking to the police, then you may get some assistance.... Read More

Contact the Office of Disciplinary Counsel with the Supreme Court of Ohio.  Report the non-licensed individual for the unauthorized practice of alw and report the employing attorney for allowing the unauthorized practice and for shaing fees with a non-attorney, fraud, and misrepresentation. Call the local police and file criminal charges against both for theft and conspiracy.... Read More

At the outset, you should immediately file for Social Security disability -- www.ssa.gov to apply online which is the fastest way to go. As for the malpractice claim, in Ohio you will need to have your records reviewed by an independent neurosurgeon who is willing to execute an affidavit essentially stating that the records have been reviewed, your doctor breached the standard of care by doing or not doing the right thing, and that the reviewing doctor will so testify in court. This prerequite evaluation generally costs anywhere from $3-4,000 to get the records and pay the reviewing doctor.  Note that everyon wants their $$$ upfront.  The reviewing doctor could take your money and then opine that there was no malpractice. If you get a good affidavit, plan on haviong to file a lawsuit and get pretty darn close to trial.  Expect to incur an additional $10-15,000 in upfront expenses (doctor fees to appear live to testify, deposition charges, etc.).  Most insurance companies will not settle until trial is imminent. Note that none of the expenses are reimbursable as aprt of damages. Note too that there is a 1 year statute of limitations for medical malpractice in Ohio from the later of the date the malpractice occurred or the date you last treated with the offending doctor.... Read More

Legal malpractice claims in Ohio have a one (1) year statute of limitation begining the later of the date of the malpractice, the date you learned of the malpractice, or the date the attorney/client relationship ended. Whether the statute of limitation has run is a question of fact depending on all of the circumstances. You can assert malpractice as s defense.... Read More

An attorney is entitle to bill a former client for the time spent working on the client's case.  While written fee agreements are required in injury cases and while written fee agreements are recommended for all cases, not all attorneys follow these best practices. If you had a prior relationship with the attorney, then the prior relationship could constitute an understanding as to fees, Your former attorney appears to be asserting a quantum meruit claim for fees. Contact your local bar association.  Most local bar associations will assist with fee dispute issues.  Just getting a letter from the bar association regarding the fee issue might be enough for your former attorney to back off his claim for fees.... Read More

IMO, contact the local bar association and speak with bar cousnel. My guess is that a phone call to your attorney from the bar association will promptly result in answers to your questions and production of the documents you have requested.  Under Ohio law, you should have been gioven a copy of the signed fee agreement when you retained the lawyer.... Read More

Since there was a non-refundable retainer charged, this may be something for review by the local bar association ethics committee.  I recommend that you contact either the local bar association to speak with bar counsel to see if the bar association could assist you. Not the best answer, but likely the only real option.... Read More

The issue is the cost to pursue a claim versus the potential damages. You first need to confirm what, if any effect the transaction had on your credit.  Likely a pre and post transfer comparison of your credit scores would be an indicator. Lets assume that you can prove an injury to your credit record.  Then, you need to weigh the cost of litigation -- legal fees & expenses, expert witness costs, time off from work to attend hearings/deposition, etc. -- with what you can hope to collect. From what you describe, IMO whatever claim you may have likely is worth far less than the cost to pursue the claim.... Read More

I recommend contacting the closest large city bar association -- Cincinnati, Cleveland, Columbus, Toledo, Dayton -- and ask for the "lawyer referral department."  All bar assoications maintain a list of attorneys who practice in all areas -- including legal malpractice -- and can provide you with several attorneys who you can contact.... Read More

Without see the test results and all relevant medical records, I cannot answer your question. Based upon what you have written, IMO there is likely not a breach of the standard of care that would give rise to a malpractice claim.  Medicine is 50% science and 50% art.  You should address your concerns to the pain management specialist and discuss all available options.... Read More

Unfortunately, there is no statewide or national database which reports whether an attorney has had a legal malpractice claim filed against him/her.  However, if the attorney has been disciplined by the Ohio Supreme Court for unethical behavior, that is reported and available to the public by going to the web address below and entering the attorney's information. http://www.supremecourt.ohio.gov/AttySvcs/AttyReg/Public_AttorneyInformation.asp Best of luck to you.... Read More

Your daughter likely needs a new attorney. If the father is filing baseless motions, then she should counter-claim for sanctions under Ohio's frivolous litigation statute and Civil Rule 11.  If if the father dismisses the motion, she should still proceed for sanctions. Your daughter needs to take a more agressive posture and start attacking rather than defending.  For example, on the daycare issue, she should file a motion to hold in contempt for violating the sahred parenting agreement -- if the father was required to pick up the child.  She may want to consider criminal menacing charges against the father. She may also want to consider seeking sole custody. The bottom line is that she needs to take the fight to the father.  Usually bullys back down when directly challenged. She may have to spend some money, but she really has no other option.... Read More

If you believe that the Magistrate acted inappropriately, then you can report the magistrate to the Office of Disciplinary Counsel at the Ohio Supreme Court.  Participants in legal proceedings have a qualified immunity from civil claims, so you would likely be unable to pursue the magistrate for damages. Realistically, I seriously doubt that anyone would be so interested to pay $6 to get the CD. ... Read More

I am certainly sorry for your loss. Ohio has a 1 year statute of limitation for medical claims.  The 1 years runs from the latest of the date of the malpractice, the date of the discovery of the malpractice, or the date you were last seen by the medical provider that is alleged to have committed the malpractice. From the information you provided, I cannot give you a date for the running of the statute of limitations. In any event, you likely need to move very quickly to obtain new counsel.  I recommend contacting the local bar association in your area for a referral. Note that in Ohio to pursue a medical claim you have to present an affidavit of merit.  The affidavit is signed by a doctor and states that the doctor has reviewed the records, that malpractice has occurred, and that the doctor is wiling to testify.  The affidavit needs to spell out the specific malpractice. As to the missing records, that is more difficult.  One way to determine if records are missing is to try to match up the records in the chart with the billing records.  Sometimes there is "billing" that is not supported by the "records" and can help support a claim that records have been "removed."... Read More

Attorneys have a very strict ethics code.  The local bar association as well as the Supreme Court's disciplinary counsel enforce the code.  You may want to contact the local bar association and speak with the bar counsel about the situation.  Sometimes a phone call from bar counsel to an attorney may resolve the communication issues.  If you elect to fire the attorney, then he is required to refund the unused portion of the retainer and provide an itemized statement of account.  Again, bar counsel might be your best source if the attorney does not cooperate or return your calls.... Read More