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Texas Legal Malpractice Questions & Answers
2 Answers | Asked in Personal Injury and Legal Malpractice for Texas on
Q: How can I verify medical reductions in my personal injury case?

How can I verify the final reductions from medical providers related to my personal injury case? I have received some ledgers but not all of them, and I am struggling to get clear communication from my attorney. He has not sent over all the paperwork despite my requests, and I am considering... View More

John Cucci Jr.
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answered on Oct 26, 2025

Your attorney is lucky he has a patient client.

Your attorney is obligated to give you a FULL accounting of all the money related to your settlement or trial of a personal injury case.

To be sure, if your case was settled for $10,000.00 and your final medical bills, that were...
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2 Answers | Asked in Criminal Law, Legal Malpractice and Appeals / Appellate Law for Texas on
Q: How to correct a wrongful criminal mischief arrest in Texas?

I was arrested for criminal mischief instead of failing to appear (FTA) for the criminal mischief charge. At the time of arrest, both the jail administrator and the officer acknowledged the mistake, stating the officer was a rookie. Initially facing three charges in February, I accepted a plea due... View More

John Cucci Jr.
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answered on Oct 2, 2025

Once you enter a plea to a criminal charge, as part of a global deal which wraps-up all charges, you are stuck with that plea. You could have attempt to open up the plea, within 30 days of your plea. But it would be too late now.

The only other thing that may help is if your...
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2 Answers | Asked in Legal Malpractice, Car Accidents, Landlord - Tenant, Personal Injury and Real Estate Law for Texas on
Q: Lawyer delays in auto accident case causing financial hardship.

I hired a lawyer on November 1st for an auto accident case. Despite providing them with my medical bills, the lawyer claims they are still waiting for more bills, causing significant delays. Due to these delays, I've lost my apartment and car. I haven't received any updates or... View More

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2025

A Texas attorney could advise best, but you await a response for a week. I'm sorry for the upheaval in your life this case has caused. No one here is really in a position to pass judgment on your attorney. But the short answer nationwide is that clients are free to change attorneys, and... View More

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2 Answers | Asked in Legal Malpractice, Car Accidents, Landlord - Tenant, Personal Injury and Real Estate Law for Texas on
Q: Lawyer delays in auto accident case causing financial hardship.

I hired a lawyer on November 1st for an auto accident case. Despite providing them with my medical bills, the lawyer claims they are still waiting for more bills, causing significant delays. Due to these delays, I've lost my apartment and car. I haven't received any updates or... View More

John Michael Frick
John Michael Frick
answered on Aug 1, 2025

You should contact your attorney's office and speak with his paralegal or your case manager (if your lawyer uses case managers) to find out what medical bills they still need. You then need to contact your medical providers to secure those bills and provide them to your attorney. Make sure... View More

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2 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Do I need to fire my attorney to file a pro se motion in my criminal case?

I'm currently involved in a criminal case where my attorney has not addressed my requests to file a motion to vacate a Failure to Appear (FTA) warrant and reschedule my court date. I have repeatedly emailed my attorney regarding this, but have received no response. As a terminal cancer patient... View More

John Michael Frick
John Michael Frick
answered on Jul 10, 2025

Yes. Texas does not allow hybrid representation. You either have an attorney, or you represent yourself.

You firing him isn't immediate and self-executing. If you fire your court-appointed attorney, you will have to wait for him to file a motion to withdraw and wait until the judge...
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2 Answers | Asked in Criminal Law, Legal Malpractice and Gov & Administrative Law for Texas on
Q: Can a felon unknowingly possessing a gun be charged?

I was driving with a friend who is on parole when we got pulled over in Texas. I'm a felon myself but haven't been in trouble since 2009. My friend handed me a gun, which I didn't know he had, and I placed it beside my seat out of fear. The police searched the car without asking,... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025

Yes, you can BOTH be charged with possession of the gun as you both were within arms-reach of the weapon.

You can escape criminal charges if your friend acts like one, and takes an official position of ownership or control of the weapon.

There are a lot of different ways to...
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Q: Potential forgery of power of attorney related to insurance and property.

I suspect someone may have forged power of attorney paperwork on my behalf related to my late aunt, who had custody of my son during my incarceration. We discussed an insurance policy, and I was informed afterward by another aunt that there was no insurance payout, which seems false. I have proof... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2025

You can either hire a private investigator or attempt to do the legwork yourself. With respect to the house, there should be deed records, tax, records, and possibly probate records which you can obtain. If you were named as the beneficiary of an insurance policy, the insurance company will... View More

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2 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: My attorney isn't communicating about my criminal defense case since 5/15/2025. What should I do?

I haven't heard from my court-appointed criminal defense attorney since my court date on 5/15/2025. I've tried multiple ways to contact him, including calls, emails, and texts, but with no response. My friend has also tried reaching out. The attorney has spoken with the victim but... View More

John Michael Frick
John Michael Frick
answered on May 27, 2025

It is too early to tell. May 15th was only a very short time ago. The attorney may be in trial or otherwise occupied.

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2 Answers | Asked in Personal Injury, Legal Malpractice, Child Support and Family Law for Texas on
Q: Delay in personal injury settlement payment and unresolved liens

I have not received my personal injury settlement, and it's been almost 9 months since it was settled. I've been in contact with my lawyers, who often change the subject when I inquire and say it takes time. No specific agreement was made on when the settlement would be disbursed to me.... View More

John Michael Frick
John Michael Frick
answered on May 13, 2025

You might want to communicate with the other parent to whom the child support is owed. If they are trying to negotiate a release of the child support lien for less than the amount you owe, the other parent may be the stumbling block.

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2 Answers | Asked in Divorce, Legal Malpractice, Civil Rights and Family Law for Texas on
Q: How can I dispute my divorce settlement due to attorney misconduct and conflict of interest?

I had an attorney for my divorce who failed to inform me of three court hearings and possibly missed two of them. He signed my divorce papers without my knowledge, leaving me with nothing from the settlement, including assets like money in a 401k and a house that was sold—although it was paid for... View More

John Michael Frick
John Michael Frick
answered on May 9, 2025

You likely cannot dispute the divorce settlement at this time.

Within two years of the conclusion of your divorce case, you can file a legal malpractice case against your former attorney. In order to recover damages for legal malpractice, you must prove that you would have more in your...
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3 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Civil Litigation for Texas on
Q: How can I address a misfiled subpoena by a deputy clerk affecting my case?

I lost my case because a subpoena for a witness was misfiled by the deputy clerk, who does not have an oath of office. The deputy clerk is the sheriff's daughter, and although I notified the sheriff about this violation, he has not taken any action. I have evidence of the misfiling and... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

"Using" the state E-Filing system, not "suing."

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3 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Civil Litigation for Texas on
Q: How can I address a misfiled subpoena by a deputy clerk affecting my case?

I lost my case because a subpoena for a witness was misfiled by the deputy clerk, who does not have an oath of office. The deputy clerk is the sheriff's daughter, and although I notified the sheriff about this violation, he has not taken any action. I have evidence of the misfiling and... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

The misfiling of a subpoena by a clerk will not void a case. Worse case, it will prevent you from having a court issue a capias for a recalcitrant witness until you correct the misfiling.

You can obtain a new or amended return of service of the subpoena from the officer, process server, or...
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3 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Texas on
Q: How to address incorrect appellate records and seek motion removal when my lawyer was disbarred for 5 years?

I am dealing with several issues regarding incorrect appellate records, including wrong courts, case numbers, and exhibits. My access to the appellate record is limited, and the clerk denied correction efforts by not ensuring the record is correct despite realizing I am aware of the appeal. The... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

I further note that the filing of an appeal does not stay whatever judgment the trial court entered against you. Unless you post a supersedeas bond, or cash in lieu of a supersedeas bond, the mere filing of your appeal will not stop the other side from garnishing your bank accounts or seizing any... View More

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3 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Texas on
Q: How to address incorrect appellate records and seek motion removal when my lawyer was disbarred for 5 years?

I am dealing with several issues regarding incorrect appellate records, including wrong courts, case numbers, and exhibits. My access to the appellate record is limited, and the clerk denied correction efforts by not ensuring the record is correct despite realizing I am aware of the appeal. The... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

First and foremost, you should file a motion to extend the time to file your brief for an additional 30 days. If this is a first extension, it will likely be granted. You can cite errors in the Clerk's record as good cause for the extension.

Second, you need to retain a lawyer who...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Texas on
Q: Seeking appeal resources for son's TX assault case claiming self-defense.

My son was arrested in Texas for assault with a deadly weapon, although he claims it was in self-defense. One of the men involved intimidated and injured him. The lawyer didn't pursue this defense, and he felt pressured into accepting a plea deal due to the threat of a longer sentence. The... View More

John Michael Frick
John Michael Frick
answered on Apr 29, 2025

If your son plead guilty, he cannot appeal his conviction based upon the claim of self-defense. None of the evidence supporting such a claim will even be relevant. He would need to appeal on the ground that his plea of guilty was not voluntary. For example, he theoretically could show that, at... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Legal Malpractice for Texas on
Q: Can I file a wrongful arrest suit against a Texas sheriff's office for denied due process during a 2.5-year incarceration?

I was arrested by Texas DPS on July 5, 2021, for failure to register annually, though I had registered over the phone with the Willacy County Sheriff's Office. Despite this, they claimed no record of my registration. During my two and a half years of incarceration, without due process or bond... View More

John Michael Frick
John Michael Frick
answered on Apr 21, 2025

You need to hire an attorney like F. Lee Merritt who has a lot of experience in civil rights cases against law enforcement. Most attorneys do not handle this type of case due to the very low probability of success and the limited damages available.

You may have a claim for compensation...
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2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: Seeking to vacate conviction due to dash cam evidence of fabricated traffic stop and ineffective counsel.

I am seeking to vacate my conviction and withdraw my guilty plea entered on June 14, 2024, due to newly discovered evidence. A dash cam video proves that the officer fabricated the traffic violation for which I was pulled over, and no laws were broken. Additionally, a warning citation issued at... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2025

You have a lot going on here. There are two different avenues for you to overturn your conviction. You didn't say what your exact conviction was, but I will assume it was for a Felony in Texas.

Avenue 1: Dash Cam: New Evidence can be used after the Statute of Limitations, if it...
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2 Answers | Asked in Legal Malpractice, Contracts and Civil Litigation for Texas on
Q: Can I fire my lawyer and recover money paid without a contract?

I am considering firing my lawyer because I believe he is not representing my son effectively. He has only visited my son twice, and that was during court appearances. There are many discrepancies in the case he refuses to address with the prosecutors. Although I requested an itemized statement of... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2025

Most likely, from what you say in your question, the lawyer is your son’s lawyer and you and your ex-husband agreed to pay $7500 each for the lawyer to represent your son.

It is important to understand that, in this situation, only your son can fire his lawyer. Your son’s lawyer may be...
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2 Answers | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Charged with possession in Texas, how to address discovery issues with my lawyer?

I've been charged with possession of over 400 grams of drugs found in a truck that wasn't mine. The owner of the truck promised to take responsibility for the drugs, which belong to him, but he hasn't come forward, and now all three of us are charged. I've spent $10k on bond and... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2025

You should contact your lawyer's office to schedule a time to review the discovery and to discuss your case in greater depth with your lawyer. You should send your lawyer's office complete contact information for your witness including the witness's physical residence address, work... View More

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1 Answer | Asked in Legal Malpractice and Family Law for Texas on
Q: Options if my attorney and assistant provided inadequate representation in SAPCR case.

What are my options if my former attorney, Trey Lavespere, and his assistant, Brandye Toombs, failed to provide adequate representation in a Suit Affecting the Parent-Child Relationship (SAPCR) involving my child, Kentrell? The Motion for Withdrawal of Counsel included misleading statements, filed... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

When an attorney withdraws, "ineffective communication" is often used as the reason instead of the "real reason" particularly when the "real reason" may be prejudicial to the client. Generally, attorneys should avoid prejudicing their client when they withdraw from a... View More

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