Texas Legal Malpractice Questions & Answers

Q: Is it legal for a bondsman to refer an attorney when both know the judge personally and they know the clients money amnt

1 Answer | Asked in Legal Malpractice, Criminal Law and Gov & Administrative Law for Texas on
Answered on Mar 8, 2019
Kiele Linroth Pace's answer
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 the fee, if they win the can also recover a $10K penalty against the attorney that committed barratry plus that attorney has to pay the client's civil attorney... See Government Code section 82.0651.

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

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Answered on Jan 12, 2019
Victoria Collins' answer
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 available under that same chapter that allows motion for early release or exemption.

Q: Is legal to take away a earned vacation for any reason?

1 Answer | Asked in Legal Malpractice for Texas on
Answered on Dec 19, 2018
Timur Akpinar's answer
Your question hasn 't been picked up in four weeks. You could try reposting it in the employment law section.

Tim Akpinar

Q: Mother in law co/signed on duplex resides on one side. Changed legal documents, created tax fraud.

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Texas on
Answered on Oct 17, 2018
Tammy Lyn Wincott's answer
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.

Q: A district attorney sent my bank a legal order for my bank records. What should I do?

1 Answer | Asked in Banking, Criminal Law, Legal Malpractice and Small Claims for Texas on
Answered on Jul 30, 2018
Grant St Julian III's answer
If a DA is requesting your bank records, you MAY be facing HUGE issues. Call a local attorney ASAP

Q: How can I get truly free legal advice on here from someone holding a true Federal license to practice law?

3 Answers | Asked in Legal Malpractice, Criminal Law, Immigration Law and Civil Rights for Texas on
Answered on Jun 4, 2018
Carl Shusterman's answer
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.

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.

1 Answer | Asked in Estate Planning and Legal Malpractice for Texas on
Answered on May 21, 2018
Robert W. Leonard Jr.'s answer
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.

Q: Speedy Trial Issues and Professional Misconduct

2 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Answered on Mar 8, 2018
Grant St Julian III's answer
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. Good luck.

Q: My paid attorney lied to me about consequences of a plea he encouraged me to sign against my better judgement. Help!

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Answered on Feb 26, 2018
Grant St Julian III's answer
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 liable for the damages. I do not know the particular facts, but the first questions anyone would ask is: why are you just now asking these questions? Call your attorney.

Q: Census bureau agent made false statements to my dad saying I had spoken with him when I had not. Is this legal?

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Federal Crimes for Texas on
Answered on Feb 20, 2018
Grant St Julian III's answer
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.

Q: In a family law case, can a lawyer for one parent contact the other parent who does not have an attorney?

1 Answer | Asked in Family Law and Legal Malpractice for Texas on
Answered on Dec 31, 2017
Matthew Valley's answer
Yes, an attorney representing a party may, in general, contact an unrepresented opposing party.

Q: Can another lawyer legally tell another lawyer that works in a same office but not partners to not represent a client?

1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for Texas on
Answered on Nov 29, 2017
Kiele Linroth Pace's answer
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 shouldn't represent the client. For example, there are complicated conflict-of-interest rules that limit who an attorney can represent today based on past cases, and even on the past cases of the attorney's...

Q: Would it be legal for the place I regularly work to file me as an independant contractor to avoid taxes?

1 Answer | Asked in Employment Law, Legal Malpractice and Tax Law for Texas on
Answered on Nov 15, 2017
Juan B Hernandez's answer
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 lunch break of at least 30 minutes.

Yet, employers may not discriminate in permitting rest periods (“breaks” or “lunches”). This means an employer may not offer some employees rest...

Q: How I can resolve an improper petition to interplead funds?

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for Texas on
Answered on Sep 18, 2017
Peter N. Munsing's answer
Get a consult from a member of the Texas Trial Lawyers Assn who handles malpractice--they give free consults.

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?

1 Answer | Asked in Gov & Administrative Law, Legal Malpractice and Military Law for Texas on
Answered on Jun 25, 2017
Juan Antonio Lozada's answer
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. Through our export control system. Under the current export control system, three different USG agencies have the authority to issue export licenses: the Departments of State, Commerce, and the...

Q: How long do i have to file A GRIEVIENCE

1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for Texas on
Answered on May 5, 2017
Robert Sterling Guest's answer
Try this-

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

Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Answered on Apr 17, 2017
Peter N. Munsing's answer
Bad practice for the doctor. Generally, if the doctor not there you should direct them back to the doctor's phone number.

It may be a technical violation, but likely not criminal though possibly so as to prescriptions for certain medications.

Your attorney should be able to send her a cease and desist, though I would caution depending on her status, how she left may be volatile and you don't want to rush to get in her face.

Q: What are some motions that I can file in Texas for child custody when the state has tmc i go to trial next month,

1 Answer | Asked in Child Custody, Family Law, Constitutional Law and Legal Malpractice for Texas on
Answered on Mar 30, 2017
Robert W. Leonard Jr.'s answer
You need to hire a family law attorney to represent you in Texas. The state is very serious about protecting children and about following their instructions and abiding by their rules. If you want to be sure your parental rights are protected, contact an attorney right away. This is not a matter you should even think about handling yourself.

Q: My father has just been legally claimed incompetent by by step mother, he has a very large estate and business. He us

2 Answers | Asked in Business Law, Estate Planning, Legal Malpractice and Real Estate Law for Texas on
Answered on Mar 25, 2017
Terry Lynn Garrett's answer
If your father has been declared legally incapacitated (in some states called legally incompetent), it has been by a judge. Check with the court handling probate and guardianship in the Louisiana parish where your father lives. The court records are public and should contain the name and contact information for both the lawyer representing your step mother and the lawyer appointed by the court to represent your father.

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