Get free answers to your Legal Malpractice legal questions from lawyers in your area.
I am concerned about the actions of the lawyer appointed by an Ohio court to administer my deceased son’s estate, as my son left no will. He passed away in November 2022, and since early 2023, I informed the lawyer about my son's 401k accounts at Fidelity. Despite this, he has continually... View More 
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answered on Mar 5, 2025
You file a motion to remove the personal representative for cause listing your grounds. But be prepared to have someone else ready to take his place, such as yourself represented by a good NC attorney. Be aware alot of those accounts are not Estate assets, but the fiduciary should have... View More
Attorneys grounds for withdrawal are said to be medical issues.
If I have to pay another attorney to familiarize themselves with my case, does that not make at least a large portion of my withdrawing attorneys fees that have been charged useless? It appears malicious to send a bill using... View More
answered on Jan 13, 2025
Your attorney is entitled to be compensated based upon the terms of your fee contract. It is impossible to predict if the attorney's retention of the retainer is justified because we do not know when the medical issues arose. You are entitled to an explanation of what work the attorney did,... View More
I was pulled over with marijuana, gave the cops my box of paraphernalia, they gave me a ticket for possession. Months later the charges were dropped and new charges for trafficking were put on me. In the discovery of my felony charges it was claimed that a 3rd party contacted them with additional... View More
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answered on Jul 21, 2024
If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your... View More
I hired an attorney to negotiate two judgments. I paid and signed the contract on 6/6/2023. The lawyer did not contact the first debtor until August 2023. The second debtor was not contacted until November 2023. The attorney always had an excuse as to why they hadn't been working on it. For... View More
answered on Feb 3, 2024
There is no set time. Basically, it would be a “reasonable time”. Reasonable depends on the circumstances. Additionally, there may have been work done prior to contacting the debtors.
My experience in collecting debts, is that it is often a slow process. It can, of course, take years,... View More
I am involved in an LLC in North Carolina, and we have been facing an issue with an individual who was supposed to become a member but refused to sign any LLC paperwork, including the Operating Agreement. Despite not being officially part of the LLC, this person collected thousands of dollars in... View More
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answered on May 14, 2025
It absolutely sounds like you have a legitimate concern. When an attorney consults with you and receives confidential information about a dispute, they generally cannot represent the opposing party in that same matter. This is because they owe you a duty of loyalty and confidentiality—even if you... View More
I believe we have not received our rights to a fair trial in our DSS case involving our grandbabies. Our public defender doesn't answer his phone, doesn't call back, and has never shown up for court. DSS plans to pursue permanent placement without showing just cause, and there was never... View More
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answered on May 14, 2025
I'm truly sorry you're going through this—being separated from your grandchildren under unclear circumstances is heartbreaking and deeply upsetting. When there’s been no report of abuse or neglect, and the only issue is miscommunication about a move, DSS should not be pushing for... View More
I am involved in a legal dispute regarding an easement issue and a countersuit with allegations made against me that I believe to be untrue. Admissions were due mid-February after an initial extension, but responses have not been provided. My lawyer has indicated that due to a delay in the court... View More
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answered on May 14, 2025
I'm really sorry you're caught in this situation—it’s difficult enough facing a legal dispute, and even harder when you feel your own attorney may not be protecting your interests. When responses to discovery—like admissions—go unanswered, it can be risky. Courts may treat... View More
I am seeking to file a Motion for Appropriate Relief in North Carolina. I want to bring the judgment on my case to trial because at the time of the plea agreement, I was not on my mental health medication and did not understand the agreement. I have new evidence in the form of a letter stating... View More
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answered on Apr 12, 2025
To file a Motion for Appropriate Relief in North Carolina, you will need to show that your plea agreement was entered into under circumstances that violated your rights. Since you were not on your mental health medication at the time and did not fully understand the plea, you may have grounds to... View More
I bought a home in North Carolina two years ago, and the previous owner assured us there were no issues with the septic tank. However, upon selling the home, the new buyers' inspection revealed major septic system issues. We did not have a septic inspection during our purchase because our... View More
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answered on Apr 12, 2025
In North Carolina, you may have recourse against both the previous owner and your realtor for the issues with the septic system. If the previous owner knowingly failed to disclose problems with the septic system, this could be considered fraudulent misrepresentation or a violation of disclosure... View More
My client agreement with a family law attorney, who is assisting with modifying custody arrangements, specifies I should receive monthly billing statements. Despite addressing this issue, I haven't received a statement or invoice in a year, though I've made payments for hearings as... View More
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answered on Apr 12, 2025
Your attorney's failure to provide monthly billing statements as specified in your client agreement constitutes a potential violation of North Carolina Rules of Professional Conduct 1.5(b), which requires lawyers to communicate the basis of fees and expenses. The North Carolina State Bar has... View More
I settled a work injury case after mediation earlier this year. The lawyer and mediator pressured me to finalize without explaining fully, even when I mentioned a doctor's appointment the next day that could lead to hip surgery. After the appointment, the doctor confirmed I would need surgery,... View More
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answered on Apr 11, 2025
I'm really sorry you're in this position—it’s upsetting to feel rushed into a decision that affects your health and future. In North Carolina, once a workers’ compensation case is fully and finally settled with a “clincher agreement,” it’s usually considered closed. That means... View More
My friend has been incarcerated for 6 months in North Carolina, facing charges of attempted murder. He has been assigned a public defender, whom he's only seen once. Despite repeated calls to the lawyer's office, there has been no response. My friend hasn't received any bail since he... View More
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answered on Mar 24, 2025
Your situation with your friend in North Carolina sounds incredibly difficult and frustrating. When someone is held for such a long time without proper legal representation or a bail hearing, there are several steps you might consider taking.
You could help your friend file a formal... View More
answered on Dec 18, 2024
A North Carolina attorney could advise best, but your question remains open for a week. If you originally entered into an agreement with them for a set amount, then it sounds like a situation of breach of contract, from a textbook standpoint. From a PRACTICAL standpoint, your options could depend... View More
I seek legal advice regarding a series of wrongful involuntary commitments (IVCs) between March 2022 and September 2024 in Winston-Salem, NC. Of 12 IVCs, 11 occurred in 2024 alone, initiated by my mother. These actions caused severe personal distress, and I believe my due process rights were... View More
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answered on Oct 20, 2024
I'm sorry you're going through this challenging experience. It's important to seek professional legal assistance to navigate these complex issues effectively. Start by contacting an attorney who has experience with civil rights or mental health law to discuss your specific situation.... View More
My court appointed attorney lacks communication, won’t file a motion for a bond reduction hearing no matter how often I request it, won’t take into consideration valuable information/evidence that I have pertaining to my case and has tried to push me towards taking a plea that i don’t want to... View More
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answered on Oct 2, 2024
In North Carolina, you have the right to request a different court-appointed attorney if you believe your current one is not adequately representing you. To initiate this process, you should first communicate your concerns clearly to your attorney in writing, detailing the specific issues you’re... View More
Attorney was given several affidavits to use prooving innocence that would have brought children home at 2nd non-secure custody hearing. Along with found newborns at birth drug screen showing it was taken 2 hours before child was even born. Client contacted law professors willing to assist... View More
answered on Feb 12, 2024
It may be legal malpractice for which a lawsuit for damages could be initiated.
Depending on the status of the case, it may be time to hire a new attorney.
I had a law firm break 2 state laws (letter of the laws, blatant) in process of various court proceedings against me. They also requested for NC State to break 1 of it's own laws to get the outcome they seek (NC state hasn't broken these laws, yet. If they did, it would be a 14th... View More
answered on Oct 21, 2023
The method to address opposing counsel’s actions is within the case, not a separate lawsuit.
The attorney handling the sale of a purchase of a home in another state neglected to provide in a timely manner the wiring information needed to close on the sale of the home. He refused to accept a certified bank check. Our bank would not wire funds unless it was done in person, so not over the... View More
answered on Jul 3, 2023
It likely did not rise to the level of malpractice. However, it would likely be enough to collect any amount directly tied to the issue from the lawyer. I would start by asking the lawyer directly and escalate from there.
Last Fall of 2022, I hired a local law firm to aid in my case of parental termination of my son's Father's rights. The other parent has been absent since 2013. They have not paid any child support, they have not made contact. The problem is that the case is from a different state to where... View More
answered on Jun 14, 2023
You may need to find a new attorney before getting the retainer back as that will likely be contested.
If the attorney refuses to provide a reasonable basis to keep the retainer, you may consider lawsuit in small claims or see if the bar association has a fee dispute process.
I was convicted by a jury. I had a court appointed lawyer, which she should have seen the errors from the beginning. I done 3yrs more than what I should have according to the DPS offender look-up. Since I been out, I had won money on a scratch off, but they took it for dues owed on that case. I... View More
answered on May 1, 2023
Some states require a factual finding of innocence in order to bring a legal malpractice case.
Consult with experienced attorneys.
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