Get free answers to your Legal Malpractice legal questions from lawyers in your area.
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
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.
Unresponsive attorney. Meets default criteria, but court says I have to withdraw her from the case.
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... View More 
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
Resulted in his death what should I do
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.
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... View More
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
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... View More
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... View More
If a motion has to be filed before a cause number is assigned, is it lawful to file a motion after?
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
answered on Dec 8, 2022
No. Your settlement will preclude you from relitigating your divorce against your former spouse.
Your legal remedy is a legal malpractice case against your former attorney. You will need to show that your former attorney’s conduct did not meet the standard of care for attorneys... View More
Hi I went to court, the paper I signed stating what my next court date was, said the 14th of November. My bail bondsman sent me an email on the 6th saying that I had court on the 14th. My court date on the 14th was cancelled I have a text from my lawyer to prove it. This is where I get lost. I get... View More
answered on Nov 26, 2022
There is simply no way anyone could possibly answer this question in this forum. You should talk to your bail bondsman and show him the paperwork you were given showing your court date. And get another attorney to investigate for you
oil and gas wells in Texas. I have proof, where can I find an attorney that can help us get everything back plus interest?
answered on Nov 21, 2022
You should look here in Justia for an experienced attorney board certified in civil litigation with a background in oil and gas litigation and in real estate litigation, ideally located in the county (or an adjacent county) where the stolen oil and gas wells are located.
Obviously, this is... View More
I plan to expose those who are corrupt in the Law Enforcement and Justice Department. Corruption will not be committed on my watch as an American Veteran and Advocate for those who can’t defend themselves… They are putting innocent individuals in jail and in prison…
answered on Nov 6, 2022
In my professional experience, there is very little corruption in the Bexar County justice system.
True, from time to time an innocent person is found guilty and put in jail or prison. In my experience, that is rarely the result of corruption but is more commonly the result of... View More
It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...
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answered on Aug 26, 2022
Habeas Corpus Writ Application forms should be available at the Court of Criminal Appeals website. If not, use the 11.07 app form and review the 11.09 rules to be sure you comply.
Good Luck!
Is it possible to pursue legal action on an attorney and judge for misconduct? The judge has already had disciplinary action With the board
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answered on Aug 20, 2022
You can sue an attorney, yes. That is called malpractice.
Judges are exempt from suit because of how they ruled on your case. The best you can do is file a complaint with the Texas Judicial Board, but you need serious evidence. Merely ruling against you is insufficient. Your best way to... View More
following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... View More
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answered on Aug 5, 2022
I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... View More
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answered on Jul 3, 2022
YES!
I practice all over Texas.
EXAMPLE:
The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... View More
answered on Jun 26, 2022
I doubt the court will strike your pleadings but you need to pay or settle the case,
I have had an assigned lawyer for 11 months. During that time she has been extremely uncommunicative, not answering any requests for info about my defense. Not confirming that she receives my calls or emails. She has not done anything in my defense to prepare for trial. Last week, prior to a... View More
answered on Jun 22, 2022
It sounds like you have already taken the proper steps by documenting your communications and approaching the judge. Many court-appointed lawyers are overworked and underpaid. Client communications are time-consuming and are not always helpful to the attorney's preparation of a defense.... View More
I got a hold, via a court FOIA request, of my 2016 arrest records. When I got indicted and charged, I kept getting told that my charge could not get entirely dismissed because the "witness statements" said something that was too "serious" to get my much more concrete piece of... View More
answered on May 13, 2022
The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals... View More
Stopped because claimed couldn’t read my license plate. Small town, same officer, seen me several previous times and had followed me 20 minutes before he seen me again to pull me over. I asked what his probable cause was and he said I looked nervous. All I was doing was putting gas in my... View More
answered on May 11, 2022
Your attorney may attempt to get copies of all data and voice recordings sent to that patrol car on that particular day in hopes of discovering whether or not the officer attempted to run your plates.
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