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Texas Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice, Criminal Law, Products Liability and International Law for Texas on
Q: How can I legally retrieve my personal belonging when I’m in a different country? They are being withheld from me.

I was in England for a while with my aunt as a student, I decided to accompany her to instabul for an operation. There she kicked me out without any money in an unknown country. I had to find a way to get home. So I took a direct flight to my home country Texas. I’ve contacted her regarding my... View More

Richard Sternberg
Richard Sternberg
answered on Apr 16, 2018

You will probably need to retain a solicitor in England to sue her.

2 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Speedy Trial Issues and Professional Misconduct

N/A

Grant St Julian III
Grant St Julian III
answered on Mar 8, 2018

You must also show some type of harm incurred by prosecutorial delay if you are to prevail on a speedy trial issue; mere delay is not sufficient to prove a denial of constitutional rights. You should have this discussion with your attorney, but from what you describe, no misconduct has occurred.... View More

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1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: My paid attorney lied to me about consequences of a plea he encouraged me to sign against my better judgement. Help!

1997 DWI Hit and broke leg of other driver did 6yrs prison time after 10yrs probation revoked. Now on parole with $92,000 to pay Any hope?

Grant St Julian III
Grant St Julian III
answered on Feb 26, 2018

What is your goal? Your chances of overturning a 20 year old conviction are slim, and I assume the $92,000 owed is from a civil suit arising out of the same incident. The question for the criminal case is whether you operated a motor vehicle while intoxicated, was there an assault, and are you... View More

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: Census bureau agent made false statements to my dad saying I had spoken with him when I had not. Is this legal?

I received a census bureau letter at my second home right b4 my week long vacation. I figured I would fill it out when I got back. When I made it back I had one letter in the mail and one on the door. I plan on filling it out tonight. My dad called me telling me that the census agent had contacted... View More

Grant St Julian III
Grant St Julian III
answered on Feb 20, 2018

You may contact the census bureau, discover the supervisor of the agent in question and lodge your complaint with the agency. No criminal offense, however, has taken place from what you describe.

1 Answer | Asked in Family Law and Legal Malpractice for Texas on
Q: In a family law case, can a lawyer for one parent contact the other parent who does not have an attorney?

Contact via phone or email

Matthew Valley
Matthew Valley
answered on Dec 31, 2017

Yes, an attorney representing a party may, in general, contact an unrepresented opposing party.

1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for Texas on
Q: Can another lawyer legally tell another lawyer that works in a same office but not partners to not represent a client?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 29, 2017

You don't want to be represented by a lawyer that isn't happy to represent YOU!

The Texas State Bar has a bunch of rules for attorneys. Many of them are complicated, obscure, or even counter intuitive. If an attorney is concerned that representing a client might break a rule,...
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1 Answer | Asked in Employment Law, Legal Malpractice and Tax Law for Texas on
Q: Would it be legal for the place I regularly work to file me as an independant contractor to avoid taxes?

I am 16 and working a weekend job saturday and sunday. 10 hours on saturday, 7 hours on sunday. I go to work every weekend, yet I am filed as an independant contractor in order for the business to avoid paying employment tax, or workers' compensation insurance, and the rules provided by law... View More

Juan B Hernandez
Juan B Hernandez
answered on Nov 15, 2017

You have a two-part question:

(1) Neither federal law or Texas state law require employers to provide employees with a lunch break. Employers choose whether to provide employees with a lunch break during a work shift. The only exception involves mothers who breastfeed. They must receive a...
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1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for Texas on
Q: How I can resolve an improper petition to interplead funds?

My former lawyer filed and won what he called a petition to interplead funds. It was improper. I understand for a interpleader to be proper 1. The stakeholder must be a disinterested party. (He wasn't nor did he claim to be an disinterested party) 2. there must be genuine conflicting claims... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2017

Get a consult from a member of the Texas Trial Lawyers Assn who handles malpractice--they give free consults.

1 Answer | Asked in Gov & Administrative Law, Legal Malpractice and Military Law for Texas on
Q: Is it legal for a private US citizen never been employed by US gov or US corp to work for foreign military say China?

A private US citizen has developed say a better small arms technology such as rifle manufacture or bullet manufacture. Can he sell it to the chinese military for example or can he work as a consultant for the chinese military? He has never worked for any branch of the US govt or any US... View More

Juan Antonio Lozada
Juan Antonio Lozada
answered on Jun 25, 2017

You will probably need an export license to be able to transfer military technology to China. Under the U.S. Export Control System, our government controls exports of sensitive equipment, software and technology as a means to promote our national security interests and foreign policy objectives.... View More

1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for Texas on
Q: How long do i have to file A GRIEVIENCE

I paid an attorney a retainer and he did not help me with my case, and still asked me to pay the remainder of the balance. the case did not go to trail and the charges did not go to court. he did not even advise me of this i found out thru the other party.

Robert Sterling Guest
PREMIUM
Robert Sterling Guest
answered on May 5, 2017

Try this-

https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

If a provider left on bad terms, although voluntary, can they use former employer's contact numbers to write their prescriptions? I have had a few calls from pharmacies regarding her prescriptions for other patients. Is there any legal issues with this? Is there something that could place our... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

Bad practice for the doctor. Generally, if the doctor not there you should direct them back to the doctor's phone number.

It may be a technical violation, but likely not criminal though possibly so as to prescriptions for certain medications.

Your attorney should be able to...
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1 Answer | Asked in Child Custody, Family Law, Constitutional Law and Legal Malpractice for Texas on
Q: What are some motions that I can file in Texas for child custody when the state has tmc i go to trial next month,

They took tmc for allegations of drug use without ever even giving me a drug test and at my 262 hearing I tested clean but the judge continued anyway said it was because of my history my case worker calls me maybe one a month she also told my therapist not to schedule me a session until I submitted... View More

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 30, 2017

You need to hire a family law attorney to represent you in Texas. The state is very serious about protecting children and about following their instructions and abiding by their rules. If you want to be sure your parental rights are protected, contact an attorney right away. This is not a matter... View More

2 Answers | Asked in Business Law, Estate Planning, Legal Malpractice and Real Estate Law for Texas on
Q: My father has just been legally claimed incompetent by by step mother, he has a very large estate and business. He us

He used false addresses for paperwork to be concealed. I need to get access to the properties that have now been sent to unclaimed property and money. I do not know the lawyer in charge of these two entities in Louisiana.

How can I can access before they illegally continue to misappropriate... View More

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Mar 25, 2017

If your father has been declared legally incapacitated (in some states called legally incompetent), it has been by a judge. Check with the court handling probate and guardianship in the Louisiana parish where your father lives. The court records are public and should contain the name and contact... View More

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1 Answer | Asked in Consumer Law, Business Formation and Legal Malpractice for Texas on
Q: Hi Can I use the word "dental clinic" in my teeth whitening business name? I'm not using dentist or dentistry..Thanks

I'd like to use the name dental in my teeth whitening business name.

The word dental means: Of, relating to, or for the teeth: - Is this illegal? Thanks

Peter N. Munsing
Peter N. Munsing
answered on Sep 9, 2016

I think the Texas Dental Associatioon would view it as holding yourself out as a dentist. Because "clinic" is defined as a place that renders outpatient treatment, you could have problems with state agencies. Further, if you aren't a dentist I hope you have a good liability insurance... View More

1 Answer | Asked in Legal Malpractice for Texas on
Q: How to reopen or reconsiider or appeal cause of my lawyer legal malpractice I lost my case

My lawyer was suppended on the date of hire but never informed me this situation. Cause of his neglegents I lost my

Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

File a motion to reopen based on that. Look for a lawyer who handles legal malpractice who is a member of the Texas Trial Lawyers Assn--they give free consultaitions.

1 Answer | Asked in Energy, Oil and Gas and Legal Malpractice for Texas on
Q: If a lawyer file your case in a court to sue for oil and gas interest and then was offer a settlement but you didn't

Like or sign can he just not try your case because you didn't sign the settlement when he filled your case in court?

Peter N. Munsing
Peter N. Munsing
answered on Jul 9, 2016

If there are problems with the case he discovers he can, within the code of ethics, ask to withdraw.

1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Texas on
Q: Last year I entered a drug rehabilitation center to get help. I left my youngest under the care of her father-noncustod.

when I got out and went back to work I was served papers my ex had filed for temporary custody of my daughter without any warning my first day back to work. I had a nervous breakdown and a set back. I met with his lawyers and verbally agreed with the order but never signed anything. Court was... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 9, 2016

you need to contact legal services/legal aid.You need to get copies of the court dockets and the orders, so whoever you talk to can see what is going on and advise you. You should have received notice/service. But that's not malpractice.You can file to reopen the custody matter but you need an... View More

1 Answer | Asked in Legal Malpractice for Texas on
Q: What information does a lawyer who is trying to be removed as counsel have to show if I contest.

He is basing his request on not being able to communicate with me in a manner consistent with good attorney/client relations

Adam Studnicki
Adam Studnicki
answered on Feb 16, 2016

More info is needed. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Legal Malpractice for Texas on
Q: Can a lawyer be reported to the state bar association for using their resources for personal gain?

My wife was in a car accident with a man back in August. After filing claims, both insurance companies decided that they would deny both claims, stating that there is not enough evidence to support said claims. Both parties basically backed up into one another when leaving a parking lot.... View More

Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

Not clear on the specifics. Just because he is a lawyer doesn't mean he can't tell people he will sue them. Check with local ethics counsel.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is...
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