Archived
My attorney didn't explain to me the value of an employability spclst which would have been crucial to my case. Can I sue?
Joseph's answer
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Answered on June 10, 2013
Whether to call a particular expert in a given case is a judgment call, and not generally a basis for a legal malpractice claim. As a practical...
Archived
Can a losing Defendant at trial use their opponent's previous settlement demand letter to object to an excessive jury-verdict?
Joseph's answer
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Answered on June 10, 2013
I think this is a hypothetical question because I have never heard of it it being done. If a losing defendant tries to set aside a verdict based in...
Archived
I have a malpractice case that settled out of court in nyc we have not yet signedfor the agreementof the ssettlement
Joseph's answer
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Answered on June 09, 2013
Liens like Medicare and Medicaid are a big problem for people who settle injury cases, and for their lawyers. They have to be paid before anybody...
Archived
I won a personal injury claim, important proven facts not presented by my attorney significantly hurt my case, very unfair.
Joseph's answer
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Answered on June 08, 2013
You apparently settled your case, because a judgment in open court is not confidential. You agreed to confidentiality as a condition of your...
Archived
I filed an ethics complaint in 2011 against an attorney in NY. That case is still open. It had to do with a NY BK.
Joseph's answer
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Answered on June 08, 2013
A defendant is not forced to go to a mediation unless court rules require one. And nobody is forced to offer money at a mediation. You are correct...
Archived
I did bookkeeping for a woman who passed away. Can I give her records to her heirs even if there is not a probate?
Joseph's answer
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Answered on June 08, 2013
Families of deceased persons sometimes have fits finding financial records. If the heirs don't know you have the records, you should tell them. But...
Archived
My father prepared a "Will" after divorcing his wife. His lawyer prepared a new will leaving all assets to my brother and myself
Joseph's answer
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Answered on June 08, 2013
You can't overturn a Will just because your father promised to do something else and then decided to leave his property to his new wife. That sort...
Archived
When a person wins a settlement in a probate case for wrongful death action from bad drug from FDA is it taxed
Joseph's answer
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Answered on June 08, 2013
Proceeds of actions for personal injury or wrongful death are not subject to income tax. There is a very narrow situation where estate tax might...
Archived
My lawyer filed a motion to withdraw and I want her to stay on the case. What do I say or do and when in court?
Joseph's answer
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Answered on June 08, 2013
If you want to keep the lawyer you have, you need to patch things up with her. You don't say what the disagreement was, but an attorney can't be...
Archived
How do you find an attorney that will pursue another law firm / attorney regarding a legal malpractice matter. At a Loss!
Joseph's answer
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Answered on June 07, 2013
Legal malpractice claims involving probate matters face particular challenges. This estate has been open only a relatively short time. Start by...
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