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Texas Legal Malpractice Questions & Answers
0 Answers | Asked in Legal Malpractice for Texas on
Q: How can I obtain my full settlement amount from my case I asked my lawyer to give it to me but he didn't what can I do?

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?

1 Answer | Asked in Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can a city cop use use bolt to stab into my door seal and rip my door open my door without a Warren outside city limits
James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Do public defenders/court appointed attorneys have “permission” to act the same as a hired attorney?

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

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Personal Injury, Civil Litigation, Libel & Slander and Legal Malpractice for Texas on
Q: What can I do about my former/fired attorney sending a letter claiming false accusations about me to current attorney?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Texas on
Q: Can I sue the lawyer who handled my divorce for malpractice in TX?

The lawyer who handled my divorce did not do anything I asked and she promised, she behaved unethically and lied to me. Please, can you provide me with the names of divorce malpractice lawyers in Texas?

John Michael Frick
John Michael Frick
answered on Apr 29, 2024

If your divorce lawyer's conduct fell below the standard of care and caused you to sustain damages, you can sue her for legal malpractice. How strong your case is depends on the particular facts and circumstances, the nature of your damages, and the likelihood you would have prevailed on the... View More

2 Answers | Asked in Arbitration / Mediation Law, Family Law, Legal Malpractice and Civil Litigation for Texas on
Q: I need a lawyer to represent me suing my family attroney for malpractice

My family lawyer abandoned me right before the hearing I filed a complaint with Texas Bar he is under investigation I also sued him in Distract court as pro se need a lawyer to take over the case and represent me. I have a strong case and also have a witness who witnessed my lawyer abandoned me and... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

You need to look for a competent attorney in or near the county where the hearing was held experienced in the area of legal malpractice. I often handle cases of this nature. My rate of $500 per hour is reasonable and customary in the North Texas area, and if the amount of damages caused by your... View More

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Texas on
Q: What pleading would be best for a very documented fraudulent arrest so the matter is brought before the court pretrial

Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even

No local attorney has been... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.

I think the only way to...
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1 Answer | Asked in Legal Malpractice for Texas on
Q: If I use a fake id at a gas station and the clerk calls the cops on me, am i legally allowed to leave before cops arrive

I would like to know if I can legally leave, and if so, will there be a follow up notice given to me

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

You may legally leave but could be arrested without advance notice later.

2 Answers | Asked in Legal Malpractice and Real Estate Law for Texas on
Q: clouded title preventing the sale of inherited property. the other party filed ppwk with the wrong legal discription

The lawyer who probated the will is wanting a signature for a settlement to the other party. The paper he wants signed has no information for what the settlement is. The will was signed by 2 judges and gives sole inheritance of the property to defendent and plantiff is not in the will. The... View More

James L. Arrasmith
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answered on Mar 20, 2024

In your situation, if there's a clouded title due to incorrect paperwork and disputes over inheritance, it's crucial to approach this methodically. First, do not sign any documents that you do not fully understand, especially if they lack clear details regarding the settlement. It's... View More

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1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Legal Malpractice for Texas on
Q: Is there some way to back out of a plea bargain is defendant signed for his sentencing?

My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More

2 Answers | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.

Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in...
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1 Answer | Asked in Legal Malpractice for Texas on
Q: Who sues other attorneys for rights violations, ethic violations, and breaching the duty of care?
Joel Gary Selik
Joel Gary Selik
answered on Dec 29, 2023

Legal Malpractice Attorneys. Some states certify attorneys as legal malpractice specialists.

1 Answer | Asked in Legal Malpractice for Texas on
Q: Can I sue my attorney for missing a court date in a civil matter and I am the plaintiff?
John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes if the attorney missing the court date caused you to incur damages.

1 Answer | Asked in Legal Malpractice for Texas on
Q: Is it legal for a Montgomery County? Texas constable to be pulling people over in Harris County and harassing them.
John Michael Frick
John Michael Frick
answered on Oct 4, 2023

It is not legal for a constable or any other law enforcement officer to pull over people to harass them. They must have a valid reason to stop them, typically observing the violation of a traffic law.

1 Answer | Asked in Legal Malpractice for Texas on
Q: If a disability attorney ruined my disability case. Will I be able to file a legal melpractice on him?

My attorney failed to, communicate with me after numerous phone calls and emails. I had to write a review to get their attention for a.couple of says then nothing. I got a voicmail from a legal assistant at the firm that they messed my case up and to re apply like it's okay. I've waited... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 2, 2023

Yes a legal malpractice case is possible.

The first question is did the attorney act below the standard of care (malpractice).

The next question is did the attorney's malpractice cause you harm, that is does it cost you money.

You are required to mitigate your...
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2 Answers | Asked in Personal Injury and Legal Malpractice for Texas on
Q: If you fire your personal injury lawyer and you can prove he never even called the adjuster how does he charge a third

And what process can I go through to try to get him not to be paid he never even called he had been retained for 2 weeks

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

The attorney probably can’t recover a full one-third contingency fee if the attorney has not performed any material work on a case.

Calling an adjuster may or may not be necessary in a lawsuit. But a delay of two weeks in a lawsuit that likely will last two years isn’t particularly material.

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1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Texas on
Q: how do i go about withdrawing my attorney from my divorce case so I can finish the process in default?

Unresponsive attorney. Meets default criteria, but court says I have to withdraw her from the case.

John Michael Frick
John Michael Frick
answered on Jul 12, 2023

You will need to instruct your attorney to file a motion to withdraw. Once an attorney has appeared on your behalf, you cannot file court papers on your own behalf in a civil case. Your attorney will have to file a motion to withdraw.

Alternatively, you can hire another, more responsive...
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1 Answer | Asked in Legal Malpractice for Texas on
Q: Our lawyer was discussing our case with the person who.referred me.to her.is.that legal

I was referred to our attorney by a neighbor. My lawyer has been sharing opinions details and information about our case to this person. That person is someone I recently had to file a police report on for stealing close to $800. When I confronted my attorney and reiterated what was being said she... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

Generally, no, these details should not have been shared.

3 Answers | Asked in Legal Malpractice and Wrongful Death for Texas on
Q: My husband was in a rehab facility and there where several incidents that occurred and this last one resulted in his de

Resulted in his death what should I do

John Michael Frick
John Michael Frick
answered on Apr 20, 2023

The first thing is have someone perform an autopsy on your husband’s body to determine the cause of his death. Ask the medical examiner to focus on any mistreatment or malpractice that might have contributed to his death. Include a full toxicology screen.

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1 Answer | Asked in Civil Litigation and Legal Malpractice for Texas on
Q: If I plan to file a malpractice suit against my attorney am I supposed to notify him in advance or just do it?
John Michael Frick
John Michael Frick
answered on Apr 7, 2023

That is up to you. Unless your agreement with your former attorney requires presuit notice, mediation, or arbitration, there is no legal requirement to give prior notice.

In my experience, presenting your claim prior to filing suit in detail and offering to mediate before filing can help...
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