Legal Malpractice Legal Questions

The answer is "maybe." The key is the written fee agreement between you and your attorney.  For example, some fee agreements specify that the attorney is not obligated to advance funds to pursue a case.  Also, some fee agreements allow an attorney to withdraw if, upon further evaluation, the attorney does not believe that that the case is meritoripus.  There may be other terms in a fee agreement that may act as escape clauses. However, an attorney cannot bail on a case if the withdrawal would unreasonably prejudice a client's ability to continue on with the case.  For example, an attorney cannot withdraw if the case is set for trial and the trial date is so soon as prevent the client from getting a new attorney.  If a lawsuit has been filed, then the lawyer has to file a motion with the Court and set a hearing with the client present to discuss why the attorney wants to withdraw. In most instances, the Court will let the attorney out of the case and grant a reasonable continuance for the client to obtain new counsel. Pleas note that there is no legal or ethical obligation for an attorney to take on a case or advance money to pursue a case. So, depending on the circumstances and what has transpired, you "might" have a malpractice claim and you "might" also be able to file an ethics complaint -- with the Kentucky Bar Association -- against the attorney.... 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

I cannot help you. I can try to point you in the right direction. What you describe appears to be potential violations of 42 USC 1983 and 42 USC 1985.  These are the Federal laws that address violations of civil rights under color of state law by individuals and conspiracies -- direct or indirect -- by state officials to violate civil rights. This is a very specialized type of case and only a few lawyers handle these cases.  You can contact a large city bar association for referrals or perhaps civil rights group like the ACLU.... Read More

I can't advise you as to what recourse you have to same your home as I do not handle real estate matters but I can tell you that you may have a malpractice claim against the law firm that was handling you foreclosure matter. You should contact a good real estate attorney ASAP to see if anything can be done to save your home. If you need help with the legal malpractice issue feel free to contact my office.... 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

The reason is with a 50K damages as you claim, its not financially viable for a lawyer to take the case on a contingent fee. That wont change, and in fact will be amplified, with you trying to take the case on "pro-se." If you are serious about it, you may just need to hire a lawyer at an hourly rate/retainer to handle it and maybe seek a mediation.... 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

The merits of your case are secondary as to the cost to pursue your case. Hopefully your doyg is fine and no worse for wear.  Hoiwever, dogs are property and valued as such.  There is no claim for emotional loss due to the death or injury of a pet. As for the fee you had to pay and the other conduct to cite, I recommend that you contact the Transportation Cabinet in Frankfort to determine whether you can file an administrative complaint aganst the driver and his company.... Read More

"Failure to comply" in a PIP insurance context does not generally result in cancellation of the policy, but rather not paying the claim. If the policy was cancelled, or refused renewal, this suggests that there was something that occurred in the policy application. It may be malpractice but the damages may be smal in the scheme of things. You can file a bar complaint if you want and see if they can intervene to get you the answers you seek. In the mean timeyou need to hire a new lawyer to handle the injury case ASAP... Read More

The first question is did you have a fee agreement. And if so what does it say. An attorney is required to have a fee agreement in order to collect his/her fees. The Rules of Professional Conduct and Washington State Law allow a client the opportunity to have a Court review the reasonableness of the fees set forth in a fee agreement. If you haven't already, you should obtain a invoice from you attorney detailing his hourly charges.You might want to have another attorney review the attorneys charges and give you an opinion whether or not they are reasonable. You also have the option of contacting the Bar Association about the matter.... 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

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

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