How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27687
Experience:  25 years practicing law
3396227
Type Your Business Law Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

If a attorney who is contracted by the county for defense of

Resolved Question:

If a attorney who is contracted by the county for defense of Civil Commitment is required
to have Malpractice Insurance before the contract is executed, and the attorney is
working under this contract and they find out she has no Malpractice Insurance as the
contract requires, what could be the reprecussions? We have this situation and now how
would we pursue a legal malpractice lawsuit for the negligence and injury she has caused?
Submitted: 2 years ago.
Category: Business Law
Expert:  Dave Kennett replied 2 years ago.

-Could you explain your situation a little more?
Did you actually hire this attorney?

Who was the client?

Customer: replied 2 years ago.

 

MY NIECE WAS CIVILLY COMMITTED FRAUDELENT WITHOUT CAUSE BY THE PROSECUTOR REVENGE AND THIS ATTORNEY I AM REFERRING TO WAS PUT

IN PLACE TO MISREPRESENT MY NIECE IN ORDER TO DO THIS COLLUSION

AND CONSPIRACY WHICH WE CAN PROVE! THIS ATTORNEY IS CONTRACTED

BY THE COUNTY AND THE COUNTY CONTRACT REQUIRES THEY HAVE

MALPRACTICE INSURANCE BEFORE THEY WILL GIVE THEM THE CONTRACT?

WHY IS THAT? WE FOUND TODAY THAT SHE IS DOES NOT HAVE THE

MALPRACTICE INSURANCE REQUIRED! I THINK THI WOULD BE CALLED BREACH OF CONTRACT?

Expert:  Dave Kennett replied 2 years ago.

DearCustomer- Attorneys are not required to carry malpractice insurance but even if this attorney had malpractice insurance you would have no standing to sue for that cause of action since only the person who hires the attorney would have that right. This is more a case of attorney misconduct rather than malpractice and if you want to file a written ethics complaint you may do so with the Bar Association. Malpractice is when an attorney fails to meet a filing date or some other negligence that costs the client money and not when it involves collusion or some other ethical violation.

I have included the website for the Bar Association below and you can file your complaint with them.

http://www.mnbar.org/nav3-complaint.asp

Customer: replied 2 years ago.

WHAT IF SHE DOES NOT REPRESENT YOY PROPERLY THERE SUPPOSE TO

CARE ABOUT YOUR RIGHTS NEVER RECEIVED DUE PROCESS AND WHEN DOCTORS IN THE HOSPITAL TOLD HER THERE WAS NO MEDICAL REASON FOR BEING IN THE HOSPITAL? THIS ATTORNEY NEVER TOOK THIS INFORMATION TO THE JUDGE FOR A RELEASE HEARING AGTER 6 WEEKS MY

NIECE DID BECOME SICK AS THE DOCTORS TOLD HER SHE WOULD GET ILL FROM THE CONFINEMENT. THEY WROTE DAILY ON HER CHART "THIS HOSPITALIZATION IS BORDERING ON INTENTIONAL INFLICTION OF EMOTIONAL

DISTRESS.THERE IS ABSOLUTELY NO MEDICAL REASON FOR THIS CONFINEMENT." THIS WAS MORE THEN MISCONDUCT THIS WAS LEGAL

MALPRACTICE BY NOT GETTING HER CLIENT OUT OF THE HOSPITAL. MY

QUESTION WAS THAT THIS ATTORNEY'S CONTRACT REQUIRED MALPRACTICE

INSURANCE IN ORDER FOR THE CONTRACT TO BE LEGAL? SHE HAS NO

MALPRACTICE INSURANCE SO WHAT IS POSITION OF THIS CONTRACT WITH THE COUNTY? I ALREADY HAD DISCUSSED THE LAWSUIT WITH OTHER ATTORNEYS!

Expert:  Dave Kennett replied 2 years ago.
I have tried to explain the difference between malpractice and unethical conduct. I really don't know what else to tell you but this is not malpractice, it is or may be unethical conduct. Your proper course of action would be, as I described above, to file a complaint with the Bar Association. You simply have no cause of action for malpractice.
Customer: replied 2 years ago.
Relist: DID NOT UNDERSTAND MY QUESTION
Expert:  Dave Kennett replied 2 years ago.
I understand the question but I'm afraid you do not understand my answer. You have a way to redress your grievances but it simply isn't "malpractice". It is unethical conduct that you are alleging. I just don't know how to explain it any other way. You can file a complaint against the attorney through the Bar Association and I have provided you with the website.
Customer: replied 2 years ago.

FORGET ABOUT MY SITUATION PLEASE

OK LETS GO BACK TO MY QUESTION MY COUNTY REQUIRES THEIR CONTRACTED ATTORNEYS TO CARRY MALPRACTICE INSURANCE IN ORDER FOR THEM TO BE CONTRACTED BY THE COUNTY! THIS IS PART OF THE CONTRACT! SO IF A CONTRACTED ATTORNEY IS NOT CARRYING THE MALPRACTICE INSURANCE REQUIRED AS THE CONTRACT STATES!

 

WHAT THIS CONTRACT BE NULL AND VOID?

Expert:  Dave Kennett replied 2 years ago.
If the county required the attorney to carry malpractice insurance and this attorney does not have it then this is a breach of contract with the county. The county could terminate the contract but you would have no power to do so since the contract is not with you. I doesn't void the contract but it is a breach of the contract.
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27687
Experience: 25 years practicing law
Dave Kennett and 7 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions