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Texas Legal Malpractice Questions & Answers
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"...
Read more »

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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
PREMIUM
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...
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.

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