Questions tagged [malpractice]
26 questions
17
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2 answers
Is it allowed to non-consensually submit someone's diary as evidence?
In episode 12, season 4 of The Office, called "The Deposition", the diary of a witness (Michael Scott) is used as evidence, without the witness's consent. The diary was taken by the suer, Jan Levinson, who was Soctt's girlfriend at the time. This…
user110391
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Is law enforcement responsible for damages made by a search warrant?
Why do police use a battering ram without first checking the doorknob on a low threat warrant? What if a small child was on the other side of the door and got seriously injured by the battering ram? The door and frame is likely to be damaged and may…
Muze
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What consequence if an attorney loses critical evidence of their client?
Client gives notice to attorney of potential issue. Later, some tangible item, such as a document, causes emotional distress / mental breakdown of the Client that escalates the issue to a potential tort.
Client retrieves the tangible item from…
aug2uag
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Is there a difference in a lawyer's culpability between "negative" and "positve"malpractice?
By "negative" malpractice, I mean sins of omission, such as missing a deadline, or omitting a key document from a filing.
By "positive" malpractice, I mean a sin of commission, such as misrepresenting information or manufacturing evidence.
IS one…
Libra
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Why don't attorneys like to offer subjective advice?
In another question, a commenter mentioned to me that attorneys 'are bad enough about giving concrete legal advice, let alone subjective legal advice.'
He was referring to my question of "is it wrong for an attorney to advise someone to do X because…
Mr. A
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What happens during and after investigations into a false conviction?
I'm interested in the NY(C) jurisdiction.
So, the relevant people are convinced that a person might have been wrongfully convicted. So, an investigation starts, and it proves this. Then, the person is exonerated.
I'd like to know a little more about…
user110391
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2
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Can a lawyer's pattern of "own goals" constitute malpractice?
An "own goal" in soccer constitutes kicking the ball into your team's own goal, to the benefit of the opposition.
If your lawyer repeatedly makes mistakes or other actions that tend to benefit the other side (this was not a one time thing), even if…
Libra
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How to convince Google to fix a problem that caused few thousand $ damage?
Edited for less mystery. Sorry Google, I wanted to keep your name out of it.
I'm an independent software developer, a solo entrepreneur, publishing apps at Google Play. About a month ago, Google quietly disabled the in-app-purchases without any…
BBMike
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What role, if any, would unethical behavior play in a malpractice case?
My understanding, as a layman, is that a lawyer need not obtain the "best" or optimal result for a client, only a "reasonable" result. In academic terms, a lawyer need not earn an "A." A "C" is adequate from the point of view of professional…
Libra
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What constitutes legal malpractice? What are the remedies?
A friend of mine was doing business with Company A, and asked a lawyer to draft a contract saying that if Company A failed to perform, my friend would be able to take possession of Asset X (the critical asset), as an indemnity so that he could do…
Libra
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Ethics Complaint Statute of Limitations [OH]
What is the statute of limitations to file an ethics complaint with the state bar association for Ohio?
Alex C
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What liability do hospitals have for timely care, if they think you're faking it?
A while ago my girlfriend was admitted to hospital. She had intense 10/10 pain from one of her ovaries, and ended up having to have it removed.
Unfortunately, she was made to wait for around 6 hours at the first hospital while one of the doctors…
dirigble22002
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What happens if someone provides evidence in court without the knowledge of the judge?
It is my understanding that the judge must accept (almost?) all evidence admitted into court. So, this leaves me with three questions:
What happens if an official shows evidence that the judge hadn't agreed to feature in the trial?
What happens if…
user110391
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Could a Doctor Refuse to Treat a Patient in an Emergency?
Suppose a man commits a hate crime against (Hypothetical Church), and in the midst of the crime, the man is critically wounded by the police and rushed to the hospital.
Suppose there is only one doctor there, and that doctor has the ability the save…
Anon
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Is a lawyer required to discuss adjournment requests with a client before consenting?
If an attorney receives a request from opposing counsel to adjourn an upcoming hearing, (which would then be communicated to the court as a joint letter) does he need to consult with his client or can he consent to the adjournment request on his…
lgshost
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