Archived
I had posted a review of an attorney and he didn't like it and threatened to sue me. I reposted a new review and again...
Joseph's answer
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Answered on April 11, 2012
Is this a question? You have a perfect right to state your opinions. Pure opinions are not actionable. The fact that the lawyer is threatening to...
Archived
How can one value a legal malpractice claim based on an eviction of a home, and or a church?
Joseph's answer
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Answered on April 11, 2012
This question apparently is the companion to a question I just answered about when a lawyer-client relationship is formed. It would be very...
When is a lawyer officially retained?
Joseph's answer
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Answered on April 11, 2012
There is plenty of case law all over the country that states an attorney client relationship is formed when the parties reasonably believe it to be...
Archived
Malpractice
Joseph's answer
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Answered on April 10, 2012
I am sorry your surgeon did not take your complaints seriously, but that's not malpractice. Post operative infections happen all the time and...
Selected as the best answer
Archived
Patients records
Joseph's answer
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Answered on April 10, 2012
You can't be sure. Often as not, when we request doctors' records, they leave important information out. They don't always leave things out...
Archived
Mesothelioma Wrongful Death suit to follow P.I. suit
Joseph's answer
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Answered on April 10, 2012
The usual practice in a settlement is for the probate court to divide the funds. In some states, the trial court may divide the funds. If the case...
Archived
My father died two weeks after being diagnosed at a hospital with stage 4 cancer.
Joseph's answer
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Answered on April 10, 2012
I am sorry you lost your father. Cases involving failure to diagnose cancer, like all medical malpractice cases are very fact specific. There are...
Selected as the best answer
Standard family agreement for a wrongful death settlement?
Joseph's answer
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Answered on April 09, 2012
There is no standard agreement. It is impossible to predict how a court would allocate an eventual recovery, except to say that the spouse would...
Archived
Can my grand daughter recieve her structured settlement at 16?
Joseph's answer
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Answered on April 09, 2012
This seems like a mistake. It would be extraordinarily unusual, maybe impossible, for a minor to receive money from a settlement, whether in a...
Archived
How does one predict a different outcome in attorney malpractice case?
Joseph's answer
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Answered on April 09, 2012
The plaintiff doesn't necessarily have to prove a trial outcome. The burden is on the plaintiff to prove damages, whether the value of the...
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