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Texas Legal Malpractice Questions & Answers
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,...
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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 count.... 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 didn't...
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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 recover... 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 full detailed... 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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1 Answer | Asked in Estate Planning and Legal Malpractice for Texas on
Q: Will gives land to X in conflict w/irrevoc. trust signed same day to avoid estate tax leaves out X's heirs b/c GSTT.

Virginia Mother's 12/31/1998 Will leaves daughterX Texas land. Siblings Y & Z receive separate equivalent value bequests. On same date, lawyer presents for Mom's signature an irrevocable trust that removes Texas land from her estate to avoid estate tax exposure. Also, to avoid GSTT after X's... Read more »

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 21, 2018

You are looking at significant litigation if the parties are not in agreement. In order to advise you, your attorney will have to review all of the documents. Time is of the essence; contact a local probate attorney right away.

1 Answer | Asked in Legal Malpractice, Criminal Law, Products Liability and International Law for Texas on
Q: How can I legally retrieve my personal belonging when I’m in a different country? They are being withheld from me.

I was in England for a while with my aunt as a student, I decided to accompany her to instabul for an operation. There she kicked me out without any money in an unknown country. I had to find a way to get home. So I took a direct flight to my home country Texas. I’ve contacted her regarding my... Read more »

Richard Sternberg
Richard Sternberg answered on Apr 16, 2018

You will probably need to retain a solicitor in England to sue her.

2 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Speedy Trial Issues and Professional Misconduct

N/A

Grant St Julian III
Grant St Julian III answered on Mar 8, 2018

You must also show some type of harm incurred by prosecutorial delay if you are to prevail on a speedy trial issue; mere delay is not sufficient to prove a denial of constitutional rights. You should have this discussion with your attorney, but from what you describe, no misconduct has occurred.... Read more »

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1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: My paid attorney lied to me about consequences of a plea he encouraged me to sign against my better judgement. Help!

1997 DWI Hit and broke leg of other driver did 6yrs prison time after 10yrs probation revoked. Now on parole with $92,000 to pay Any hope?

Grant St Julian III
Grant St Julian III answered on Feb 26, 2018

What is your goal? Your chances of overturning a 20 year old conviction are slim, and I assume the $92,000 owed is from a civil suit arising out of the same incident. The question for the criminal case is whether you operated a motor vehicle while intoxicated, was there an assault, and are you... Read more »

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: Census bureau agent made false statements to my dad saying I had spoken with him when I had not. Is this legal?

I received a census bureau letter at my second home right b4 my week long vacation. I figured I would fill it out when I got back. When I made it back I had one letter in the mail and one on the door. I plan on filling it out tonight. My dad called me telling me that the census agent had contacted... Read more »

Grant St Julian III
Grant St Julian III answered on Feb 20, 2018

You may contact the census bureau, discover the supervisor of the agent in question and lodge your complaint with the agency. No criminal offense, however, has taken place from what you describe.

1 Answer | Asked in Family Law and Legal Malpractice for Texas on
Q: In a family law case, can a lawyer for one parent contact the other parent who does not have an attorney?

Contact via phone or email

Matthew Valley
Matthew Valley answered on Dec 31, 2017

Yes, an attorney representing a party may, in general, contact an unrepresented opposing party.

1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for Texas on
Q: Can another lawyer legally tell another lawyer that works in a same office but not partners to not represent a client?
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 29, 2017

You don't want to be represented by a lawyer that isn't happy to represent YOU!

The Texas State Bar has a bunch of rules for attorneys. Many of them are complicated, obscure, or even counter intuitive. If an attorney is concerned that representing a client might break a rule, they...
Read more »

1 Answer | Asked in Employment Law, Legal Malpractice and Tax Law for Texas on
Q: Would it be legal for the place I regularly work to file me as an independant contractor to avoid taxes?

I am 16 and working a weekend job saturday and sunday. 10 hours on saturday, 7 hours on sunday. I go to work every weekend, yet I am filed as an independant contractor in order for the business to avoid paying employment tax, or workers' compensation insurance, and the rules provided by law are not... Read more »

Juan B Hernandez
Juan B Hernandez answered on Nov 15, 2017

You have a two-part question:

(1) Neither federal law or Texas state law require employers to provide employees with a lunch break. Employers choose whether to provide employees with a lunch break during a work shift. The only exception involves mothers who breastfeed. They must receive a...
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1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for Texas on
Q: How I can resolve an improper petition to interplead funds?

My former lawyer filed and won what he called a petition to interplead funds. It was improper. I understand for a interpleader to be proper 1. The stakeholder must be a disinterested party. (He wasn't nor did he claim to be an disinterested party) 2. there must be genuine conflicting claims & fears... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 18, 2017

Get a consult from a member of the Texas Trial Lawyers Assn who handles malpractice--they give free consults.

1 Answer | Asked in Gov & Administrative Law, Legal Malpractice and Military Law for Texas on
Q: Is it legal for a private US citizen never been employed by US gov or US corp to work for foreign military say China?

A private US citizen has developed say a better small arms technology such as rifle manufacture or bullet manufacture. Can he sell it to the chinese military for example or can he work as a consultant for the chinese military? He has never worked for any branch of the US govt or any US... Read more »

Juan Antonio Lozada
Juan Antonio Lozada answered on Jun 25, 2017

You will probably need an export license to be able to transfer military technology to China. Under the U.S. Export Control System, our government controls exports of sensitive equipment, software and technology as a means to promote our national security interests and foreign policy objectives.... Read more »

1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for Texas on
Q: How long do i have to file A GRIEVIENCE

I paid an attorney a retainer and he did not help me with my case, and still asked me to pay the remainder of the balance. the case did not go to trail and the charges did not go to court. he did not even advise me of this i found out thru the other party.

Robert Sterling Guest
Robert Sterling Guest answered on May 5, 2017

Try this-

https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656

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