Legal Malpractice Legal Questions

This is a link to the website of the Disciplinary Board of the Supreme Court of Pennsylvania.  There you will find a fill-in form for filing a formal complaint against your lawyer.  http://www.padisciplinaryboard.org/consumers/complaint-forms/ Your problem with having lost your case is different than reporting the lawyer to the Disciplinary Board.  You must consult another lawyer immediately about having lost your divorce case.  You may have grounds to have the adverse decision set aside by the court and start over with the divorce, but the time-window you have to successfully do that is short, so the sooner you get another lawyer involved the better.  Time is critical with a problem like this. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.              ... Read More

First, you have no business asking about such things on a legal website. You are a minor and have no say in the settlement of your case as this is controlled entirely by your parents - you are unfortunately NOT the decison maker at that level, so what you know or didn't know is not of consequence. That stated - your parents need to address any such concerns with the lawyer and go from there. ... Read More

In order to prove legal malpractice, you have to prove "a trial within a trial".  In other words, you have to prove first, that your attorney did not live up to the standard of competence to be reasonably expected from an attorney with his training and experience, and second, had your attorney done everything correctly, it is more likely than not that you would have won your dental malpractice case. In order to prove dental malpractice, you must bring in the same type of dentist as your expert witness, who can testify within a reasonable degree of dental certainty, the dentist made a mistake, that mistake caused you damage, and but for the dentist's mistake, you would not have suffered the damages.  If you can prove the dental procedure caused trigeminal neuralgia, that's a very serious condition, and the case could have value. An attorney who practices in both legal and dental malpractice should review your file immediately. ... Read More

I am sorry to hear what happened to you and the shoddy representation you received from your lawyer. It sounds like you have already filed a grievance with the office of lawyer regulation (OLR). I can't tell from your post if the lawyer has been disciplined in your case or you are commenting about prior discipline they may have received. To pursue your malpractice case, you will need a complete copy of your file from the lawyer. The statute of limitations for pursuing a legal malpractice case on Wisconsin is under contract, and a 6 year statute of limitations to start a lawsuit or otherwise the claim would be forever barred.... Read More

The answer to your question is yes, you have a right to sue your lawyer for professional legal malpractice, if in fact they screwed up your case. You may have a hard time finding a lawyer interested in suing them, given the limited damages of your case; the argument being, assuming the lawyer screwed up, how were you damaged financially? Can't the case be properly ref-filed and done? The statute of limitations for suing in Wisconsin is 6 years under contract from the date of the contract (occurrence). Failure to file within the 6 years, would forever bar your claim. You can also consider filing a grievance with the office of lawyer regulation (OLR).... Read More

Your potential malpractice situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your interests.
 As to hiring a better attorney for the bankruptcy, I don't see why that should slow anything, but do go get second opinions from other bankruptcy attorneys. 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

You don't. Your ex and his lawyer will by definition "collude" against you. While cries of "collusion" feed the media in politics, they do little or nothing in family law proceedings. Unfortunately, your opponent is person you chose to marry and have achild with, and that is something you will have to contend with until she is an adult and the family law issues expire. At that point they will simply be family squabbles and you can ignore those as you choose. There are no "short cuts" or" I doan wanna" defenses until then so you will simply have to deal with the controvery. ... Read More

If you aren't the client  - why is any of this your concern, the client is a grown adult and can address any issues as they choose. If you are the client and you don't like the circmstances, as an adult, simply leave a do something different. While the facts are admittedly "odd" if you are a disgruntled "other parent" and the "client" is your ex, you are treading on REALLY thin ice with such an issue. ... Read More

It is impossible to understand your question let alone how a lawyer ruined your life and your thumb through legal malpractice. You may just have to decide ot hire a lawyer out of pocket if you feel that strongly about purusing some action of some type, since then the lawyers won't be risking thier money on a high risk sace and may be more inclined to get involved. ... Read More

The ONLY way you have a 180K bill is by your own doing. Plain and simple. Absent a 180K bills arising in a single month where you paid zero attention to what was going on in the case there should havebeen NUMEROUS points where you had the ability to address such charges - especailly when you claim you had "no money" whatever that entails, especially since a lawyer cannot take davantage of funds you claim you dont have. There is something DRAMATICALLY missing here and I would encourage you to hire a lawyer to review the case and find out what is REALLY happening so you can make proper decisions. ... Read More

You would have to demand an accounting or sue for same. Problem is you don't have the money to pick such fights legally and your own conduct keeps getting in the way, where you make agreements and then default - for what ever reason. You may want to move to a less combative community. ... Read More