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I would like assistance pursuing a legal malpractice claim against my former attorney, Trey Lavespere, and his assistant, Brandye Toombs. They handled a Suit Affecting the Parent-Child Relationship (SAPCR) regarding my grandson, Kentrell Rogelio Martinez, which resulted in my dismissal due to lack... View More 
answered on Mar 10, 2025
You need to locate an attorney who practices in the area of legal malpractice in or near the county where the lawsuit was pending. Ideally, such an attorney should also have experience in family law given the nature of the underlying litigation.
You need to gather together a complete... View More
What are my options if my former attorney, Trey Lavespere, and his assistant, Brandye Toombs, failed to provide adequate representation in a Suit Affecting the Parent-Child Relationship (SAPCR) involving my child, Kentrell? The Motion for Withdrawal of Counsel included misleading statements, filed... View More
answered on Mar 10, 2025
When an attorney withdraws, "ineffective communication" is often used as the reason instead of the "real reason" particularly when the "real reason" may be prejudicial to the client. Generally, attorneys should avoid prejudicing their client when they withdraw from a... View More
I wish to appeal the court's decision to dismiss me for lack of standing under the Texas Family Code, as granted in Ursula Gonzales' Motion to Dismiss. The court's decision was based on the evidence and testimony presented during the hearing, documented in the "Associate... View More
answered on Mar 10, 2025
A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More
My adult daughter, who had no prior criminal record, was charged with reckless driving and evading police, classified as Class A misdemeanors in Texas, with no injuries to any party or property. The prosecutor added a 'deadly weapon charge,' escalating it to a felony and 3G offense, thus... View More
My family member has been sentenced to 33 years for simple possession of more than four but less than 400 grams of a Schedule 2 narcotic. We believe the sentence is unjust. Her previous lawyer advised her to take an open plea, which led to this sentence, and has since withdrawn after being paid... View More
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answered on Feb 21, 2025
In Texas:
First, you MUST file a Notice of Appeal, and file it with the Clerk of the Court from which the sentence was imposed.
Second, you must serve the Notice of Appeal on the District Attorney's Office from the County where you were convicted.
Third, If you go past... View More
I was falsely arrested on falsified evidence without a search warrant, and my case was dismissed a year ago for false reasons. The DA denied access to a forensic expert to examine digital evidence and failed to disclose Brady material, which included corruption by the arresting officer who has... View More
I hired a lawyer around March to help with a roofing claim after our homeowners insurance only offered us $850. In July, the lawyer received a check for about $12,500, but they never informed us about it. My husband emailed them, and they claimed the insurance company was unresponsive and delaying.... View More
I believe my counsel may have committed legal malpractice during a mediation regarding my mother's estate. They failed to request my stepfather's duties as Temporary Administrator and did not update the estate's assets. This led to significant consequences, including a penalty fee on... View More
Does a decedent's spouse have the authority to appoint an independent executor to sell all of the estate's property upon her death, including real property purchased through the Veteran's Land Board of Texas? The husband, in his will, left her a life estate in the property,... View More
answered on Feb 14, 2025
You are incorrect regarding the effect of the deed on whether the property was community or separate property. Property acquired during marriage is community property unless you can prove by clear and convincing evidence it was husband’s separate property.
That being said, if you are... View More
He also told her I admitted guilt which I did not then told her I had a personality disorder of course when we went up for my turn to see the judge I requested to fire my attorney I proceeded to tell him why because he asked… the judge then told me to be quiet what should I do
answered on Jan 17, 2025
You need to hire a private criminal defense attorney. The attorney you hire will be able to replace your appointed attorney. There may be some damage done to your case by the original counsel, but that’s something for the new lawyer you retain to deal with as appropriate.
Can I file on his E & O Insurance. This was just 1 of many errors or whatever you call a very experienced attorney doing things like this
answered on Dec 26, 2024
You would actually be filing a legal malpractice claim against the attorney for the damages you sustained as a result of the DWOP. If your claim is not barred by the statute of limitations, this may be limited to the filing fees and any expenses incurred in connection with the dismissed case which... View More
the false information compromised my case
answered on Dec 6, 2024
Maybe. It depends on the facts and circumstances of your particular case and why the attorney added the false information.
My attorney did not provide correct evidence regarding the child abuse my child has suffered and confirmed by Tx children’s child abuse clinic. Also , my attorney has a friend at the law firm that represents my ex and the friend was my ex’s initial contact. Also, for my deposition I was told by... View More
answered on Dec 2, 2024
It doesn't appear to be "malpractice." That being said, an attorney should take into consideration the legal naivete of a client and should fully inform the client about what to expect. A person who has never had experience with the legal system and does not watch television or... View More
answered on Oct 18, 2024
Maybe but not necessarily.
If a personal injury lawsuit is dismissed without prejudice, it can be refiled as long as the statute of limitations has not expired. On the other hand, if the statute of limitations expired before the second lawsuit was filed AND you would have definitely won... View More
Every single paper CPS filled out is either incomplete or incorrect. Especially the affidavit. They didn't notify me of the case until day 3 after talking to my kids. I was in hospital. He lied on reason to remove, phone bill proves it. He lied on my statement with the CPI from the city where... View More
answered on Oct 15, 2024
You need to consult and possibly retain a private attorney if you are having problems communicating with the court-appointed attorney and not getting your questions answered.
I have noted about 20 different violations by DFPS according to the Texas family code but nobody will do anything. I proved multiple times the investigator lied on the affidavits. I even have another CPI confirming he lied on it. Nobody will do anything. It's like they're all working... View More
answered on Oct 18, 2024
Yes procedures matter. But the remedy for every procedural violation is not "you win." If a document is incomplete, the remedy may well be that you can require them to complete the document. If an investigator lies, you can present evidence of that lie, and that will likely undermine... View More
If my lawyer refused to give me the full settlement amount that I was supposed to be getting from my case how can I find out the full amount of my case settlement?
answered on Oct 12, 2024
A Texas attorney could advise best, but your question remains open for a week. Without knowing the details of your file, one possibility is that there could be liens on the case that need to be satisfied (money demanded from medical providers or insurance carriers). Another possibility, that could... View More
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answered on Sep 16, 2024
If a city police officer attempts to use a tool like a bolt to stab into your door seal and force it open without a warrant, especially outside city limits, this could be a violation of your rights. Generally, law enforcement officers need a warrant to enter your home or vehicle, unless there are... View More
I was once charged with a crime and hired a lawyer who advocated strongly and fiercely on my behalf. Dismantled my case and got it dismissed. Filed motions, held hearings, called witnesses, the whole 9 yards.
I know that’s what I paid for, but are court appointed attorneys/public... View More
answered on Jul 18, 2024
A court-appointed attorney or public defender can and should represent a defendant with the same zeal using the same legal procedures that a retained privately paid attorney uses.
I was involed in an auto accident in july 2022. My first lawyer was fired for cause in January 2024. The reasons included failing to provide LOPs so i could seek treatmen lack of communication, not being licensed in my state failing to submit PIP funding to my ins after i signed it.
which... View More
answered on Jul 16, 2024
You should inform your current attorney that the accusations being made are false.
Not being licensed to practice law in the state where the lawsuit was filed is very likely good cause to terminate a lawyer's services unless the lawyer was admitted to practice in that court pro hac... View More
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