Texas Legal Malpractice Questions & Answers
Q: Can I sue lawyer for not doing there job? For causing emotional distress?and messing up case?
August of last year I was in a major car accident in front of a police officer and the carless driver was given a citation while I was taken to the ER. I went to a lawyers office and met with the receptionist who took my statement and got started with therapy right away around December we heard... Read more »
You can only sue a lawyer for economic damages, meaning the money you lost due to the representation. Did you sign the release? if you did, you may be able to receive a settlement check.
The settlement must be agreed to by you as well. If the lawyer did not have your authority to settle,... Read more »
Q: If I'm on probation and get a violation I didn't go to court for it my probation officer and his supervisor told me that
They we are going to send you to this program in Beaumont for 3 months. They told me to turn myself in to the county but let me go home that day for 2 weeks but I would have to turn myself in to county on 6/3/19 and the time I sit in the county jail waiting for a bed to come open doesn't count.... Read more »
No, it isn't like double jeopardy. That is when you are put on trial twice for the same alleged offense.
In this situation, you committed a crime but, instead of being locked up, you were given a second chance where you were allowed to do community service instead. Except you didn't... Read more »
Q: I think I have a negligence case against my lawyer. I’m not sure I need to ask someone.
My attorney said we had this divorce won he said I would have the house and car. He said we would be divorced in December but he didn’t get something to the judge in time. My ex was able to file an answer long after the time he was supposed to. Now he has hired an attorney. He if fighting me for... Read more »
Re-read over the contract and fee agreement between yourself and your attorney. Fees, expectations, and so forth should be addressed in there. That said, your attorney has an obligation to keep you informed as to the progression of your case. However, if you feel that your attorney is not acting in... Read more »
Q: Is it legal for a bondsman to refer an attorney when both know the judge personally and they know the clients money amnt
The bondsman is good friends with a lawyer he refers and the judge on a criminal case. They know how much money the client has and the court fees and bond magically goes up
Was it just a friendly referral? If the attorney compensates the bondsman for the referral it might be the crime of "Barratry and Solicitation of Professional Employment" see Penal Code 38.12. If that happened then the client can void the contract with the attorney and file a lawsuit to recover... Read more »
Q: Ok so like if my judgement papers from 2003 the day of my sentencing say from the judge I don't have to register under a
If I'm not required by a judge to register under chapter 62 then nobody can override the judge and his orders correct?
If a person is convicted of a sexually-oriented crime then that person is required under Chapter 62 to register as a sex offender. However, without more information here I can’t make determination as to the length of time you were required to remain registered. Further, their are options... Read more »
Q: Is legal to take away a earned vacation for any reason?
Your question hasn 't been picked up in four weeks. You could try reposting it in the employment law section.
Tim Akpinar
Q: Mother in law co/signed on duplex resides on one side. Changed legal documents, created tax fraud.
Changed structure removed load barring walls, 30 thousand in damages. Her daughter is using my name getting information from tax office changing things. Crooked lawyer changed a document now I have to prove. Not agreeing to pay any of damages multiple problems. Any help
The name a tax office has for the owner of property is not controlling as to who "actually" owns the property. An owner of real property is determined in the Deed records where the property is located.
Q: A district attorney sent my bank a legal order for my bank records. What should I do?
I called my back and they will o my mail me the letter. I’m worried because I have never experienced this. Can I call the attorneys office to find out what is going on?
If a DA is requesting your bank records, you MAY be facing HUGE issues. Call a local attorney ASAP
Q: How can I get truly free legal advice on here from someone holding a true Federal license to practice law?
In the past I have always asked a question about legal matters. All of which were answered with a very vague reply ending with "you should contact an attorney in your area." I understand that people need to make money but, when I don't have any to give...? So, how can I receive a full detailed... Read more »
There is no such thing as a "Federal license to practice law", but many of us are admitted to practice before various Federal Courts including the US Supreme Court.
Q: Will gives land to X in conflict w/irrevoc. trust signed same day to avoid estate tax leaves out X's heirs b/c GSTT.
Virginia Mother's 12/31/1998 Will leaves daughterX Texas land. Siblings Y & Z receive separate equivalent value bequests. On same date, lawyer presents for Mom's signature an irrevocable trust that removes Texas land from her estate to avoid estate tax exposure. Also, to avoid GSTT after X's... Read more »
You are looking at significant litigation if the parties are not in agreement. In order to advise you, your attorney will have to review all of the documents. Time is of the essence; contact a local probate attorney right away.
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... Read more »
You will probably need to retain a solicitor in England to sue her.
Q: Speedy Trial Issues and Professional Misconduct
N/A
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.... Read more »
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?
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... Read more »
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... Read more »
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.
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
Yes, an attorney representing a party may, in general, contact an unrepresented opposing party.
Q: Can another lawyer legally tell another lawyer that works in a same office but not partners to not represent a client?
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, they... Read more »
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 are not... Read more »
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... Read more »
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 & fears... Read more »
Get a consult from a member of the Texas Trial Lawyers Assn who handles malpractice--they give free consults.
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... Read more »
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.... Read more »
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.
Try this-
https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
