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Texas Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: I need a question answered very serious and important thank you.

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... Read more »

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Legal Malpractice for Texas on
Q: Where can I find a super attorney to handle my case. Theft, lies, and attorneys who helped steal my family's oil and ga

oil and gas wells in Texas. I have proof, where can I find an attorney that can help us get everything back plus interest?

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Legal Malpractice for Texas on
Q: Why is there so much corruption in the Bexar County Justice System…San Antonio, Texas

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…

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Libel & Slander for Texas on
Q: Where can I get a writ of habeas corpus article 11.09 application form when charge can later be used for an enhancement?

It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...

John Cucci Jr.
John Cucci Jr.
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!

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can judges and attorneys be held accountable?

Is it possible to pursue legal action on an attorney and judge for misconduct? The judge has already had disciplinary action With the board

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
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...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Texas on
Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

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... Read more »

John Cucci Jr.
John Cucci Jr.
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... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Will you travel to Wichita Falls, TX?
John Cucci Jr.
John Cucci Jr.
answered on Jul 3, 2022

YES!

I practice all over Texas.

1 Answer | Asked in Family Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: Can an Amicus Attorney 1. Modify a temporary order 2. Strike all of a Pro Se's pleadings?

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... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 26, 2022

I doubt the court will strike your pleadings but you need to pay or settle the case,

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: What can I do about a bad lawyer?

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... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
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.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: I was charged, but no conviction, of a class A in 2017. Then, this year, I found out discrepancies. can I appeal?

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... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
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... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Legal Malpractice for Texas on
Q: Denied consent to search, waited 2 hours for k9, bogus reason for stop and bogus probable cause, illegal s and s

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... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
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.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Is it a violation of my amendment rights if I have a public defender and spoke on the phone once. Before trial I have a

A new attorney and we're going to trial in 2 weeks or less or maybe 3 weeks but they're not prepared for my case and I haven't ever spoke to him before and the only information they have is what the prosecutor gave them instead of investigating my caseit been over 2 years

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 6, 2022

Although you have the right to an attorney, you don't have the right to a GOOD attorney. You have to pay for that and it's really expensive.

That said, if your attorney does nothing (or almost nothing) to prepare then that can be "ineffective assistance of counsel"...
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1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Texas on
Q: Are probate judges, court attorneys legally allowed to enrich themselves with probate courts participants real estate
Teri A. Walter
Teri A. Walter
answered on Dec 2, 2021

No, of course not. Without some basis for why you would ask this, there's nothing more that I can say that would be relevant and helpful. If you have a lawyer, ask them. If not, I suggest you visit with a probate lawyer in your area ASAP to address your concerns.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Texas on
Q: Is holding a mentally I'll person 27 months and not indicted cruel and unusual punishment

Filed by indictment was his book in..is that a legal indictment or does the grand jury have to indict him. He also was not evaluated within 24 to 72hrs. Can I file a writ of habeas corpus

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 29, 2021

If the person is being held on a felony offense, then, yes, the person has a right to be indicted by a grand jury before the State of Texas can prosecute him for that felony. The only exception to this rule is that an accused person in some cases may be allowed to waive (give up) his right to be... Read more »

1 Answer | Asked in Business Law, Legal Malpractice and Consumer Law for Texas on
Q: In El Paso, Texas businesses are charging 3% surcharges for using card regardless of how much you spend. Is this legal?

They dont care what card you use, they only go cheaper if it’s cash. Where do I go to dispute these charges. It’s not fair to the consumer that they pass their charges onto me when making payment. I dont want to carry 500-1000 dollars to avoid paying 3%

Joseph B. LaRocco
Joseph B. LaRocco
answered on Nov 2, 2021

Yes, unfortuantely it is legal in Texas and almost all states. The company does have to post a notice of what they are charging you and the bill should show the charge separately, They can charge up to 3.99%. If you are a very good customer or making a large purchase, ask the store owner or manager... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence, Legal Malpractice and Municipal Law for Texas on
Q: Can the victim can do anything about the lack of victim's rights offered and police & prosecutor not including evidence?

I was the victim of an assault from my ex. He was eventually charged (months after the assault) because I stayed in contact with the police department's Professional Standards Unit. The detective on the case was non responsive until PSU got involved. When the charges were pressed, the charge... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 2, 2021

There doesn't sound like anything else to do in terms of criminal law. However, in civil law you could seek a protective order based on family or dating violence... and perhaps even stalking based on the voicemails. You might be able to sue him for the cost of medical treatment but unless... Read more »

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1 Answer | Asked in Immigration Law and Legal Malpractice for Texas on
Q: i was detained at checkpoint for carrying an illegal immigrant we are both released? is that an illegal seizure of car.

it was 2 of us coming from el paso to odessa. we were asked for id's right away. im the driver and one in the passenger. He was asleep due to feeling under the weather so drank some nyquil. was woken up and the BP gent asked him few questions passenger didnt answer so they took us to... Read more »

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Aug 18, 2021

No. It was not illegal to take your vehicle. It may have been taken as a civil forfeiture because it was used in the commission of a crime.

1 Answer | Asked in Legal Malpractice for Texas on
Q: How do I request the appellate judge to give a written opinion on dismissal of a request for reconsideration?
Randy Sorrels
PREMIUM
Randy Sorrels
answered on Jun 20, 2021

On the motion for reconsideration, they can simply deny the motion or grant the motion. Usually, they deny the motion without a written opinion.

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...
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