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Texas Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice and Criminal Law for Texas on
Q: My lawyer withdrew from my case right before trial taking all my money .judge isn't sympathetic at all is this legal .
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 26, 2021

Yes, it is legal if the judge allows it. Is it ethical? Maybe. That depends on the lawyer's reasons for withdrawing. There was probably a Motion To Withdraw filed by the attorney and a copy of it will be in the court clerk's file. You could request a copy and check to see if the... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Consent was Not given and yet dr did anyways!

If dr was told not to do what he suggested should be done, and told primary dr has already addressed, yet dr does anyways leading to loss of limb! What can be done when consent was NOT given

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 14, 2021

The location on this question is marked "Bixby, Oklahoma" but it is appearing in the forum for attorneys in Texas. If this event did not occur in Texas then please re-post your question in the Oklahoma forum.

The question is marked Criminal Law as well as Personal Injury and...
Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Legal Malpractice for Texas on
Q: If 2 interns unlicensed to practice law represented the state at anytime prosecuting my case is that grounds to sue?

They were also not legally licensed interns or have a special permit.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 20, 2021

This question is marked Criminal Law but nobody sues anyone in criminal court. It is also marked Legal Malpractice which is a cause of action in civil court, but that is for a lawsuit against your own attorney, not the opposing side. As for Civil Rights, a criminal defendant is entitled to... Read more »

1 Answer | Asked in Civil Rights, Collections and Legal Malpractice for Texas on
Q: My HOA sent notice that it is increasing 28% in Tarrant County and back charging 2020 Q-4 charges; Is this legal?

Construction is still going on in the area and no facilities available because of COVID.

Teri A. Walter
Teri A. Walter answered on Jan 20, 2021

Look at the deed restrictions, Bylaws and Rules of the association to see what they can and can't charge, and whether there are limits to the increases.

1 Answer | Asked in Legal Malpractice for Texas on
Q: I am a professional artist, and I put several paintings in a gallery in Montreal for consignment.

The owner decided she didn’t want them, or pay to return then. So she dropped them at a thrift store. Does she owe me the consignment fee?

Tim Akpinar
Tim Akpinar answered on Jan 11, 2021

A Texas attorney could advise best, and possibly a Montreal attorney as well if your agreement is governed by Montreal or Canadian law. But your question remains open for three weeks. I'm sorry this happened to you. As a starting point, you may want to first review the terms of the agreement... Read more »

1 Answer | Asked in Legal Malpractice for Texas on
Q: What is the best procedure to have 2 of 3 parties removed from a civil suit ?

3 parties were listed as defendants in a suit by a mechanic. No lien on vehicle. The vehicle is titled to 1 of the parties involved only. How do I remove the others from suit?

Teri A. Walter
Teri A. Walter answered on Jan 11, 2021

Of course, that depends. If you're the plaintiff, you can simply file a motion to dismiss those defendants. If you're a defendant, you can see if you can get the plaintiff to agree to dismiss you, or do the necessary discovery to allow you to get out with a motion for summary judgment.

1 Answer | Asked in Divorce and Legal Malpractice for Texas on
Q: Hi my question is if an immigrant person can get free legal aid help??
Tim Akpinar
Tim Akpinar answered on Oct 11, 2020

A Texas divorce attorney could answer best, but you await help for four weeks.

There is a page here on Justia - Texas Divorce Legal Aid & Pro Bono Services

Here is the link to the page:

https://www.justia.com/lawyers/divorce/texas/legal-aid-and-pro-bono-services

Good luck

Tim Akpinar

2 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Isnt it illegal for an attorney to wave their clients appearance at a courtdate without actually confering with thedefen

With the defendant?

Grant St Julian III
Grant St Julian III answered on Jun 1, 2020

Short answer: no, what you describe is not illegal nor is it unethical.

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1 Answer | Asked in Legal Malpractice and Employment Law for Texas on
Q: Can a counseling private practice sue you if some of the clients you see insist on following you to receive counseling s

services at another location?

Carrie Dyer
Carrie Dyer answered on May 13, 2020

Your question does not provide enough detail to fully analyze this situation. The answer depends on whether you have an enforceable non-compete or non-solicitation agreement with your former employer. You should consult an employment attorney in your area for advice.

1 Answer | Asked in Legal Malpractice for Texas on
Q: What does it mean if my attorney released my case?

Husband was in a car accident I sent over all info and was told the case was released and they will not be representing him , I want to know why ?

Jessica McKinney
Jessica McKinney answered on Apr 16, 2020

Every firm as their own criteria of cases they will handle. They may have released his case for any number of reasons. It could be something to do with the case itself or something to do with their internal policies. Oftentimes cases are released because there is no insurance coverage, the client... Read more »

1 Answer | Asked in Legal Malpractice for Texas on
Q: Can I file grievance against my attorney even tho my case still pending or should I get a legal malpractice

My attorney failed to show the judge I was the owner of property on an eviction case and he didn't show up. My case defaulted I owe the court fees now. He didn't fight for me. He also did nothing in my 2nd court. He failed to show my deed.

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Dec 16, 2019

You should post that question in landlord tenant, not family law.

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Small Claims for Texas on
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 »

Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Jun 21, 2019

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 »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Texas on
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... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 10, 2019

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...
Read more »

1 Answer | Asked in Divorce and Legal Malpractice for Texas on
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 »

Victoria Collins
Victoria Collins answered on May 20, 2019

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 »

1 Answer | Asked in Legal Malpractice, Criminal Law and Gov & Administrative Law for Texas on
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

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 8, 2019

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... Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
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?

Victoria Collins
Victoria Collins answered on Jan 12, 2019

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 »

1 Answer | Asked in Legal Malpractice for Texas on
Q: Is legal to take away a earned vacation for any reason?
Tim Akpinar
Tim Akpinar answered on Dec 19, 2018

Your question hasn 't been picked up in four weeks. You could try reposting it in the employment law section.

Tim Akpinar

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Texas on
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

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 17, 2018

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.

1 Answer | Asked in Banking, Criminal Law, Legal Malpractice and Small Claims for Texas on
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?

Grant St Julian III
Grant St Julian III answered on Jul 30, 2018

If a DA is requesting your bank records, you MAY be facing HUGE issues. Call a local attorney ASAP

3 Answers | Asked in Legal Malpractice, Criminal Law, Immigration Law and Civil Rights for Texas on
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... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 4, 2018

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.

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