Legal Malpractice Legal Questions

He ADVISED you to do so? Or you approached him with the idea and he didn't inform you that it could impact your eligibility? If the lawyer brough the deal to you, then you should probably finda new lawyer and consider filinga complaint with the Florida Bar as this may well be imporper and part of a scam where lawyers use such deals to "bait" PI cients to hire them so they are chosen over other lawyer who wont offer "money up front". If YOU chose the deal, typically a lawyer is NOT obligated to deal with the impact of what you do with the money from a PI claim. If you have any further questions feel free to call 1-800-922-6442 for a FREE consultation.... Read More

YOU don't as they are very complicated cases for a variety of reasons. You're best bet is to actually find another lawyer that handles legal malpractice cases to address this for you properly. If you have any further questions, we do offer FREE consultations. Just call our office at 1-800-922-6442.... Read More

To pursue a legal malpractice claim, you must have a legal expert review the representation provided by the lawyer and determine that negligent representation was given.  In your case, an estate lawyer should look at the legal file of the family lawyer to identify any problems with the work she provided to your father-in-law in the preparation and execution of his will.  From your description of the facts, it certainly appears a review is warranted. You can approach the situation in two ways - hire a legal malpractice attorney who will then obtain a legal expert to review the file or you can pay for a few hours of time with an estate lawyer and obtain the expert opinion directly.  Please keep in mind that in Colorado there is a two year statute of limitations for professional malpractice.  You must file your legal malpractice lawsuit within two years of the legal malpractice or lose your right to do so.  Other time limitations may apply.... Read More

If you have decided not to use this attorney's services and you have notified them of such, they should return your deposit to you, or anything remaining after deducting for any work they have already performed, within a reasonable amount of time.  There is no bright line rule of what amount of time is reasonable, but I would think that thirty days is inherently reasonable.  To insure that there has been no confusion as to your intention, you should put your request for a refund and termination of services in writing (letter, fax, or email) and then follow up to make sure it has been received and ask for a timeframe of when you can expect your refund.  Then, if after thirty days you have still not received your refund, you may want to consider contacting the state bar.  The bar takes the safekeeping of client's money very seriously. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

There is simply no way to answer such a question, especially with the facts presented. You will simply need to retain an appropropriate lawyer, unfortunately at an hourly rate/retainer, to examine all these issues. More importantly, it will be more efficient to establish what goals you have relative to your inquiry as analyzing "the full spectrum" of options would involves an exhoritant legal fee expense. If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read More

The attorney is required to provide your original file to you upon request. Failure to do so is a violation of the Rules of Professional Conduct. You should consider filing a complaint with the Washington Bar Association. You can find out how to do that here: http://www.wsba.org/Licensing-and-Lawyer-Conduct/Discipline/File-a-Complaint-Against-a-Lawyer... Read More

Not sure what type of form you are talking about. A legal malpractice claim as well as any other negligence claim has to be filed in the form of a complaint. The substance of each complaint will be different so there is no standard form. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read More

If you are the PR in a pending probate action, have the lawyer for the probate action get a court order to produce the records. The fact that you are PR in a will, not appointed by the court, is not same. Something is misisng from these facts though, as you could easily do the same as the lawyer and request them from SSA if you have letters of administration from probate court. If you have questions, we provide FREE legal consultations at 1-800-922-6442.... Read More

You need to talk to a lawyer about the merits of the whistleblower case. If it was a crappy case, there would be no real damages, even if the lawyer screwed up. Something is missing in these facts as it makes no sense that this would be brought up 5 years later, after the SOL may have even expired, about a failure to pursue an appeal.... Read More

Its impossible to tell what you are talking about. If you are describing that you refiled a suit on the same issue after losing the first one, you are likely to find yourself getting sanctioned. Otherwise your remedy is a to file an appeal of the trial court's ruling.  If you have questions or would like to discuss this issue further, we do offer FREE consultations. Just call 1-800-922-6442.... Read More

No way to tell on the facts you provide. Obviously, the biggest issue will be the explanation as to WHY would you continue on for 4 years of never hearing from your lawyers about your case? Allowing that to go on so long may backfire on you as most people would find that to be about 3 years and six months too long without resolving that situation. Since you had to hire a new lawyer, you may need to address this withhim or her.... Read More

I think you are simply distorting whatever the facts may actualy be to garner sympathy for your position. That you are elderly, or a cancer survivor, or a vietnam vet or a good christian, or a devout jew, or anything else  stated to invoke sympathy, has ZERO bearing on the legal issues in any case, and is almost always a reciepe for disaster from a defense perspective. Your question is simply replete with slanted facts, which if accepted, must always lead a lawyer to agree thatYOU are the victim and not the Plaintiff. Now, this does NOT mean that the Plaintiff isn't doing the things you state. What I can tell you is that if I had a dollar for every litigant that didnt win in court and spouted off about a conspiracy theory, I'd be a billionaire. Your case revolves around FACTS, if there are lies being told, them you and your lawyer need to ferret out the facts t show this. If you have no money at all to do this, you should consider filing a bankrupty. If you do, but dont want to spend it, thats your choice but the current tact of simply announcing that the other person is a fraud, oh and feel bad for me because I had cancer, wil lnot likely carry they day, as it has not to date. If you cant or dont expose "the truth" then the other sides liars, become the truth, and "fabricated frivolous case" becomes neither. You need to refocus your efforts with your attorney.... Read More

Well all of this revolves around what the fee agreement you have is and what the flat fee covers and the facts at issue. If you were charged a low flat fee with understanding that it was for a very basic low effort uncontested divorce case, and expect 10,000.00 worth of work for a 1,000.00 flat fee...and the one number change is the tenth revision of the document, its one issue. If you paid $10,000.00 a month ago and lawyer is acting like a jerk or asking for more money when he really just started the case yesterday, you should fire him, demand a refund and hire another lawyer.... Read More

If you can show (through the testimony of your other attorney) the first attorney's conduct was negligent and that negligence caused you monetary damages, you have grounds for a claim. You might also consider filing a complaint with the Washington State Bar Association. Here is a link that can guide you through the process: http://www.wsba.org/Licensing-and-Lawyer-Conduct/Discipline/File-a-Complaint-Against-a-Lawyer... Read More

Wow, that is a very unusual strategy -- to deliberately alienate the judge.  I have never heard of lawyer behaving like that.  However, I'm not sure it rises to the level of malpractice.  The fact that you lost may be attributable to the facts presented against you, as much as the lawyer's actions and negligence, so it could be difficult to prove causation.  I hope that you appealed the case. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More