Legal Malpractice Legal Questions

Possibly, but its likely difficult to prove that the lawyer didsuch a thing "to help prosecute her" unless it was very unique or was evidence an ongoing criminal act or future one that mightnot be subject to privilege. While the Bar or criminal defense lawyer might have interest in addressing this, it won't likely attract many civil lawyers on a contingent fee for obvious reasons. ... Read More

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

Its impossible to tell as this is more of an issue of the obligation of the legal insurance company and the plan terms than the lawyer, since the insurance carrier is paying the lawyer and not you. I have little doubt that there are some significant time or work effort limitations to the plan especially if it covers a contested divorce. In the contested family law environment there is no free ride, insurance or not, where the consumer will pay a smal amount of money and then reap tens of thousands of dollars in legal fee value, especially at the expense of the lawyer. If you look at your ARAG plan it moist likely excludes contested divorce cases or provides a fee discount as opposed to an a full payment by the insurance carrie. Why?Family law cases are NOTORIOUS for litigants with champagne expectations and malt liquor wallets. By example the "slow and minimal support" you describe probably equates to several hundred dollar in legal fees... Read More

Without a lawyer representing you, the "justice" you recive may not be the justice you expect or want. If you are willing to pay for the legal expenses there are many lawyers that will help.If you expect lawyers to bear the expense and risk on your case an they wont, that tells you that they think the case is poor and you may want to reconsider whether a lawsuit is viable. ... 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 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

       There is no definitive answer to your question. Lawyers are under a duty to keep their client reasonably and promptly informed on the status of the case. This doesn't always require "same day" response, but certainly requires a contemporaneous response. It shouldn't take you repeated attempts and weeks on end to get information on your case from your lawyer. To me, that is totally unacceptable. In regard to copies of your file, you own the file, not the lawyer. The lawyer is under a duty to copy and provide you with everything in the file, upon reasonable request, all without charge. If the attorney has periodically provided you with copies of your file and you want them to copy it a second time, under that circumstance, the lawyer can reasonasbly charge you the costs of copying the file.        I can't speak for other lawyers but we have a "same day return" policy in our office. This means that every  e mail, every phone call, and every inquiry from clients, prospective clients and other attorneys, to the extent we reasonably can, gets returned and responded to the same day. To me, it is not just enough to provide the best legal representation, but it is equally as important to provide excellent customer service. You obviously aren't getting that with your current lawyer  and the mesasge I am getting is that they don't seem to care about you or your case. It may be time for you to go shopping for a new lawyer. You don't describe what the nature of your legal case is about so I don't know if you are talking about an injury case, or you are in the middle of a divorce.... Read More

The statute of limitations in most case is  2 years.  In cases where there was a breach of a promise to achieve a certain result, there may be an argument that it is 4 years based upon a breach of contract between the client and attorney.  I would also assume that the 2 year statute of limitations applies and file the lawsuit within that time frame.  In Pa., you also will be required to have an expert who will confirm that there is evidence of malpractice and that the malpractice has caused damages.... Read More

It is not unusual in a custody case for there to be a second psychological evaluation, where one party disagrees with the findings of the first report. Usually, they are court ordered, and when the court allows the second evaluation, it would be provided to the court, the attorneys of record and the guardian ad litem. In most counties, the court will issue an order or there may be a standing local court rule that the parties can read the psychological reports, but not be provided with copies of the same. I'm not sure I completely understand what your criticism is about?... Read More

I am sorry to hear about your situation.  You should not have been treated like that by your attorney.  You need to hire an attorney to send a demand letter to your attorney to provide you the rest of your property.  Depending upon the respond you get from her and assuming you get no or little response, you should also consider preparing and filing a grievance. We can answer any other questions you have, if you are interested. Sincerely,  Kevin Spencer (214) 965-9999 www.spencerlawpc.com... Read More

Not sure why you want a Civil-RICO lawyer. What you discribed is not a RICO case. Your attorney has an obligation under the rules of professional responsibility to keep you informed about your case and cannot settle without your consent. Also, In most cases a chiropractor that accepts Medicare must accept what Medicare pays and cannot bill for the difference. You should discuss you case with an attorney who handles legal malpractice.... Read More

I am certainly sorry to hear of your difficulties, particularly as they have to do with problems with an attorney. There are time limits that apply, which are dependent on when you learned of the various problems or inappropriate actions. You should file any complaint as soon as possible after the event. But, understand that a bar complaint is not a claim for malpractice, and will not award you any potential damages that you have suffered. To obtain money, or other damages, you will need to file a malpractice lawsuit. Should you want to discuss that option, I offer a free initial 1/2 hour consultation. David R. Hartwig 801-486-1715... Read More

I am sorry to hear that you are in such a mess, and that you are having the problems and difficulties you raise. The short, and simple, answer is -- maybe. That is because there are a number of facts that need to be explored and addressed. The first is the four-year statute of limitations. I raise that because you state that these issues have gone on for several years. So, the issues will depend on when you actually learned of the errors. Also, you say you have a new attorney. When did you hire the new attorney, and how much did he participate in the case? The best advice that I can give you is to actually sit down with an attorney who handles legal malpractice, and review the case and associated facts. You may very well have the bases for claims, but from your brief statement I cannot be sure. I am currently in a position to accept such a matter, should you so desire. I offer an initial 1/2 hour consultation for free. If you are interested, please call my assistant this coming Tuesday morning to set an appointment. David R. Hartwig 801-486-1715... Read More

If you are unhappy with your attorney, you are free to fire him/her and retain a new attorney.  If you decide to take this action, I suggest that you meet with a new attorney, and if you're comfortable with that attorney, ask that he/she contact your current attorney to notify him/her of the change and to obtain your file.... Read More

The claims of the estate are handled by the person who has been appointed as the adminstrator or executor.  It sounds as though your brother has been named the administrator/executor.  You may be an heir of the estate, depending on whether there was a will and you were identified as an heir, so you have an interest in the estate-but the lawyer works for your brother.  You should consult with an attorney to assist in obtaining a status report.... 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 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

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