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Texas Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence, Legal Malpractice and Sexual Harassment for Texas on
Q: What are the ethics rules when a patient sexually assaults their doctor and the doctor continues to treat the patient?

A doctor is sexually assaulted by their patient, does not report the situation to law enforcement, and continues to treat the patient for another two years until their death. Is the doctor violating any ethics rules? Does the doctor have an obligation to refer the patient to a new physician who... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

That's a horrible story!

The patient should have gone to jail!

Each State has ethical rules with which every Doctor must comply as part of having a license to practice medicine.

However, none of the rules limit the rights of any doctor, who is a victim of a crime....
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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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2 Answers | Asked in Legal Malpractice for Texas on
Q: Can I sue for legal malpractice

I paid a lawyer for a land lord tenant situation to represent me a dpta case and landlord dispute. I sign a contract of aggressive representation and 10 hrs of legal work for an amount paid .I only got a 40 min phone call to be told he can't represent me or nothing but this happen after I paid... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2023

While it is possible that you may have legitimate grounds to dispute the fee, you should not necessarily assume that the 40 minute phone call was the only legal work performed by the attorney and his law firm on your behalf.

Depending upon the facts of your situation, the attorney may have...
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2 Answers | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: When is a case number allowed to be changed

My son was arrested for a crime but while in custody waiting for the trial the case numbers were changed

James L. Arrasmith
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answered on Mar 11, 2023

Case numbers can be changed for various reasons, such as administrative errors or if the case is transferred to a different court. However, changing a case number after an arrest and while waiting for trial is unusual and may indicate that there have been significant changes to the case, such as a... View More

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1 Answer | Asked in Legal Malpractice for Texas on
Q: Can a lawyer settle my case without my consent in Texas? Or Under what circumstances if it is legal?
John Michael Frick
John Michael Frick
answered on Feb 21, 2023

No.

However, many attorneys (especially personal injury attorneys) include in their fee agreement a provision in which the client provides consent for the attorney to settle the case on the client’s behalf.

Most attorneys, including those with such provisions in their fee...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: What happens if the state does not file a motion to change the cause number to reindict but follows through under new #?

If a motion has to be filed before a cause number is assigned, is it lawful to file a motion after?

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Errors and discrepancies in case numbers are almost never fatal. Most such issues can be corrected. It is the substance that matters

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