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1 Answer | Asked in Legal Malpractice for Texas on
Q: If a disability attorney ruined my disability case. Will I be able to file a legal melpractice on him?

My attorney failed to, communicate with me after numerous phone calls and emails. I had to write a review to get their attention for a.couple of says then nothing. I got a voicmail from a legal assistant at the firm that they messed my case up and to re apply like it's okay. I've waited... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 2, 2023

Yes a legal malpractice case is possible.

The first question is did the attorney act below the standard of care (malpractice).

The next question is did the attorney's malpractice cause you harm, that is does it cost you money.

You are required to mitigate your...
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1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Texas on
Q: What can I do to defend myself when the two people, one who sexually assaulted and physically assaults are sheltered?

My mother knows that she been sheltering the person who sexual assaulted for years now and the other person has recently physically assaulted me. Both of them being under the same person.

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

You should secure your own residence and not give your mother or either of the aggressors access to you at your home or workplace. Do not visit your mother’s home and, if you need to see her, use Zoom or a similar teleconferencing app or meet her in a public place. Leave immediately if you see... View More

1 Answer | Asked in Tax Law for Texas on
Q: I filed my tax return for the tax year of 2022, but I submitted my 2020 W-2 in error? Can an amended return be a crime?

The original return was accepted by the IRS and I was given a refund check (which I cashed) despite the error. I didn't submit an amended return until after the filing due date in April and I ended up owing the IRS just under $200 according to the electronic filing service that I use.... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

While you technically “can” be, it is highly unlikely that the IRS will pursue anything under the circumstances. File an amended return voluntarily with correct information is very strong evidence of it being a mistake rather than an intentional act of deception.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What if my spouse published the divorce notice in her state newspapers not in my state newspapers where I lived at ?

And I couldn’t make a reply to that divorce to her attorney office and I have 30 days to reply to the divorce notice? And she published in her newspaper 3 different newspapers in her state with the wrong address and zip code of my and she got divorce and same day she got her divorce decree... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

If a court signed a divorce decree, your divorce is “real” and you have a limited time to file a motion for new trial, an appeal, a restricted appeal, or a bill of review. These can be legally technical and costly remedies and you need the services of a competent and experienced appellate... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: an an illegal that was deported, illegally returned (Texas), have his same custody agreement before being picked up?
T. Augustus Claus
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answered on Sep 29, 2023

Custody arrangements are generally determined by the best interests of the child. However, illegal re-entry can be a criminal offense that might impact a court's decision on custody. The original custody agreement would not automatically reinstate without a court order.

1 Answer | Asked in Contracts, Business Law and Construction Law for Texas on
Q: How do I file a lawsuit against someone who owes me around 30k?

This is for services rendered.

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

Given the small amount involved, you might consider filing in county court at law pro se. Unfortunately, the jurisdictional limits of our JP courts is $20,000.

You might consider hiring an attorney if you are certain the proposed Defendant has more than sufficient non-exempt assets to...
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3 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I fell in a gambling establishment broke my arm requiring surgery can't the business or owner of building be liable unde

Under their insurance to help with medical expenses and pain suffering.

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

If the negligence of the business or premises owner proximately caused your injuries (for example, by failing to correct or warn about a concealed unreasonably dangerous condition), they may be legally responsible for your damages.

You should consult a personal injury attorney in or near...
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3 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I fell in a gambling establishment broke my arm requiring surgery can't the business or owner of building be liable unde

Under their insurance to help with medical expenses and pain suffering.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

They can be, depending on the circumstances. As my colleague advises, try to arrange a consult with an attorney. Attorneys offer free initial consults for such accidents. In terms of medical bills, that's one of the things that an attorney could outline for you. There are different ways to... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: We have INREST trademark filed, 97114560.Do I need to file a new one?
Fritz-Howard Raymond Clapp
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answered on Sep 28, 2023

This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: We have INREST trademark filed, 97114560.Do I need to file a new one?
David Aldrich
David Aldrich
answered on Sep 28, 2023

At this point, you would need to file a new application. When an application goes abandoned, the deadline to revive it is two months from the Notice of Abandonment. In this case, that deadline has passed, so you would need to refile a new application. If you do, you should carefully limit the... View More

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1 Answer | Asked in Contracts for Texas on
Q: If a solar company did not give me a system that I ask for can I get out of contract

As they did not design for overnight power storage.

T. Augustus Claus
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answered on Sep 27, 2023

If the solar company failed to deliver the system you specifically requested, including overnight power storage, you may have grounds to exit the contract based on non-performance or misrepresentation. Review your contract's terms for any clauses related to cancellation

1 Answer | Asked in Civil Rights, Appeals / Appellate Law and Civil Litigation for Texas on
Q: I have a judgment on Texas civil practice in remedies code section 31.002.(b)(3) which has seized my bank account

law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and... View More

John Michael Frick
John Michael Frick
answered on Sep 27, 2023

I don’t understand what you mean by doing Nash and undermined Lee.

As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.

Then contact an experienced civil litigation and...
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1 Answer | Asked in Contracts, Gov & Administrative Law, Personal Injury and Education Law for Texas on
Q: Field Trip permission slip that includes Indemnity Waiver and Release of liability

I received a field trip permission slip for my child to attend an On-Campus field trip. The school is a public school charter school in Houston, TX. The trip is for Houston Museum of Natural Science Dome to visit the school campus. I was a little taken back when I was asked to sign an Indemnity... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Texas attorney could advise best, but your question remains open for a week. Unfortunately, such agreements have become more commonplace. They can be binding (I'm not saying yours is or is not) - they usually have to meet certain protocols under state law. These are similar but not identical... View More

1 Answer | Asked in Probate for Texas on
Q: What happens to the house when a spouse passes away without a will and their joint children and stepchildren involved?

Husband and Wife marry and have a son, they divorce and both remarry and each have children. Then they get back together and remarry.

Then the Wife dies without a Will. What happens to the home and other property involved

Melissa O'Neal
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answered on Sep 27, 2023

If the wife did not have a will and the property is community property, the spouse has a life estate interest in the home and owns half of it. His community property half. The other half is owned by the biological or adopted children of the wife in equal parts. The husband should not be able to... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Apply for citizenship

If you have been convicted of a theft felony paid restitution and changed it to misdemeanor can you get us citizenship? To be exact it was embezellement no violence but I paid everything back

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 26, 2023

A felony conviction with elements of fraud, still triggers, an analysis for the crime of moral turpitude, therefore a person may be in eligible for naturalization if that crime happened within the past five years. Also, a person may be permanently in eligible, and then admissible with that... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: A leasing company does not want to return my admin and app fee and security deposit

I have cancelled my leasing application within 48 hours. What can I do?

John Cucci Jr.
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answered on Sep 26, 2023

Your question is if you can get a refund b/c you never moved in and have decided not to take the apartment. I'm just making sure I have the facts correct.

I don't believe you are entitled to your application fee, if they reviewed it or went through it with you.

The Admin...
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2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: A leasing company does not want to return my admin and app fee and security deposit

I have cancelled my leasing application within 48 hours. What can I do?

T. Augustus Claus
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answered on Sep 26, 2023

In Texas, application fees are generally non-refundable. Administrative fees and security deposits, however, are often refundable under specific conditions stated in the lease or rental agreement. If you canceled your application within 48 hours, the terms of the lease or application would... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: I had a accident in July I hired a lawyer went to doctor police report said that was in the wrong I found out about a mo

Mount later that my insurance company drop me I got a letter about 2 weeks after the accident that I didn't have coverage so the other company want pay my lawyer also drop me what can I do about my car and injury

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

A Texas attorney could advise best, but your question remains open for two weeks. You have two issues here, the coverage issue from losing the policy, and liability issue in the accident. If your attorney dropped you, your starting point could be to see if you could arrange a free initial consult... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What's the best course of action when the execurtor and applicant is removed from the probate and wit of possession pen

Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 25, 2023

The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Hello, I recently had two individuals come at night vandalizing my vehicle. I have video proof. What actions can I take?

Both age 15/16, my age being 16. I know who they are and have video proof

John Cucci Jr.
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answered on Sep 24, 2023

I would have your parents call the other kids' parents to try to resolve things. If not, then call the police and give then a COPY of your video proof. Do not wait long as that will eventually cause a problem. The other kids' parents probably have home insurance which may pay for the... View More

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